JUDICIAL TRANSITION IN COLONIAL INDIA: FROM REGULATING ACT (1773) TO THE INDIAN HIGH COURTS ACT (1861)

Abstract

The history of the High Courts in India is closely connected with the wider story of British colonial rule. When British parliament passed the Regulating Act of 1773 to control and regulate East India Company’s affairs, they set up Supreme Court at Calcutta. This was the first formal court in India based on English law, but it quickly ran into problem. These judges tried to apply English legal principles directly, without understanding and considering Indian customs and practices. This led to conflict between the Supreme Court of Calcutta, East India Company’s administration and the local people. To reduce these tensions, the British parliament introduced new rules through the Act of Settlement/ Ammendment 1781, which limited the powers and the jurisdiction of the Supreme court of Calcutta.