Early Efforts to Unite the Two Sets of Courts
Efforts to unite the two sets of courts, namely the King’s Courts (Supreme Courts) and the
Company’s Courts (Sadar Adalats), started much before 1861.
As a matter of judicial policy, it was felt that before uniting judicial institutions, it was essential
to introduce uniformity in laws according to which justice was administered.
Once uniform laws were achieved, the separate judicial institutions were finally united into one
system in 1861.
Charter Act of 1833 – Foundation of Legal Unification
A major step towards unification was taken by the Charter Act of 1833.
The Act empowered the Governor-General-in-Council, with the assistance of a Law Member, to
legislate for all provinces of India.
This Act is regarded as an important landmark in the legal history of India, as it introduced
centralisation of legislative power.
Due to this centralisation:
Uniform laws were enacted for the whole country.
Conflicts and confusion, which earlier arose due to different Regulation Laws passed by
provincial legislatures, were removed.
The Charter Act of 1833 further declared that:
All Acts passed by the Governor-General-in-Council were binding on all courts, including the
Supreme Courts.
Special emphasis was laid on the enactment of uniform laws in important fields, applicable to
all persons without distinction of caste or religion, thereby promoting equality before law.
Role of Law Commissions
To implement the policy of uniform legislation, the Charter Act of 1833 appointed the First and
Second Law Commissions.
The major achievements of these Commissions were:
Indian Penal Code (IPC)
Civil Procedure Code (CPC)
Criminal Procedure Code (CrPC)
,These Codes played a crucial role in establishing uniformity in substantive and procedural laws
throughout India.
Developments after 1858
In 1858, the East India Company was abolished, and the direct administration of India was
assumed by the British Crown.
This change in administration made the task of uniting the two sets of courts much easier.
Uniform Codes were enacted, and the next logical step was to introduce uniformity in the
administration of justice.
Indian High Courts Act, 1861
The final objective of uniting the Supreme Courts and Sadar Adalats was achieved by the Indian
High Courts Act of 1861.
This Act amalgamated the two parallel court systems and established High Courts, thereby
completing the process of judicial unification.
Thus, the Charter Act of 1833 laid the foundation of legal unification, while the Indian High
Courts Act of 1861 completed the institutional unification of courts in India.
The Indian High Courts Act, 1861
Background and Need for the Act
Around 1852, it was urged before the Parliamentary Committee for East Indian Affairs that the
Supreme Court and the Sadar Adalats in each Presidency should be consolidated.
The objective behind this proposal was:
To combine the legal learning of English barristers (from Supreme Courts), and
The judicial experience of Company’s judges (from Sadar Adalats).
During the tenure of Lord Dalhousie, extensive conquests and annexations were made, which:
Increased the territories and responsibilities of the East India Company.
However, the Company failed to cope with these responsibilities, resulting in:
Widespread maladministration, and
Growing resentment among the Indian people towards foreign rule.
, This dissatisfaction culminated in the First War of Indian Independence, 1857, which made a
political change inevitable.
Consequently:
The British Crown assumed complete sovereignty over British India, and
The British Parliament took direct responsibility for the government of India.
This political change necessitated a complete overhaul of the judicial system.
As a result, the Indian High Courts Act, 1861 was passed on 6th August, 1861.
Object of the Act (Statement of Sir Charles Wood)
While introducing the Bill of 1861, Sir Charles Wood stated:
“We shall have one Supreme Court, one sole Court of Appeal instead of two; and the Superior
Court thus constituted will, I hope, improve the administration of justice generally throughout
India.”
This statement clearly reflects the aim of judicial unification and efficiency.
Establishment of High Courts
The Indian High Courts Act, 1861 empowered the Crown to establish High Courts by Letters
Patent.
Accordingly, High Courts of Judicature were established at:
Calcutta (for the Bengal Division of the Presidency of Fort William),
Madras, and
Bombay.
With the establishment of these High Courts, the following courts were abolished:
The Supreme Courts,
The Sadar Diwani Adalat, and
The Sadar Nizamat (Faujdari) Adalat.
The Crown was also empowered to establish a High Court in the North-Western Provinces.
Jurisdiction and Powers
The jurisdiction and powers of the High Courts were to be determined by Letters Patent issued
by the Crown.
Efforts to unite the two sets of courts, namely the King’s Courts (Supreme Courts) and the
Company’s Courts (Sadar Adalats), started much before 1861.
As a matter of judicial policy, it was felt that before uniting judicial institutions, it was essential
to introduce uniformity in laws according to which justice was administered.
Once uniform laws were achieved, the separate judicial institutions were finally united into one
system in 1861.
Charter Act of 1833 – Foundation of Legal Unification
A major step towards unification was taken by the Charter Act of 1833.
The Act empowered the Governor-General-in-Council, with the assistance of a Law Member, to
legislate for all provinces of India.
This Act is regarded as an important landmark in the legal history of India, as it introduced
centralisation of legislative power.
Due to this centralisation:
Uniform laws were enacted for the whole country.
Conflicts and confusion, which earlier arose due to different Regulation Laws passed by
provincial legislatures, were removed.
The Charter Act of 1833 further declared that:
All Acts passed by the Governor-General-in-Council were binding on all courts, including the
Supreme Courts.
Special emphasis was laid on the enactment of uniform laws in important fields, applicable to
all persons without distinction of caste or religion, thereby promoting equality before law.
Role of Law Commissions
To implement the policy of uniform legislation, the Charter Act of 1833 appointed the First and
Second Law Commissions.
The major achievements of these Commissions were:
Indian Penal Code (IPC)
Civil Procedure Code (CPC)
Criminal Procedure Code (CrPC)
,These Codes played a crucial role in establishing uniformity in substantive and procedural laws
throughout India.
Developments after 1858
In 1858, the East India Company was abolished, and the direct administration of India was
assumed by the British Crown.
This change in administration made the task of uniting the two sets of courts much easier.
Uniform Codes were enacted, and the next logical step was to introduce uniformity in the
administration of justice.
Indian High Courts Act, 1861
The final objective of uniting the Supreme Courts and Sadar Adalats was achieved by the Indian
High Courts Act of 1861.
This Act amalgamated the two parallel court systems and established High Courts, thereby
completing the process of judicial unification.
Thus, the Charter Act of 1833 laid the foundation of legal unification, while the Indian High
Courts Act of 1861 completed the institutional unification of courts in India.
The Indian High Courts Act, 1861
Background and Need for the Act
Around 1852, it was urged before the Parliamentary Committee for East Indian Affairs that the
Supreme Court and the Sadar Adalats in each Presidency should be consolidated.
The objective behind this proposal was:
To combine the legal learning of English barristers (from Supreme Courts), and
The judicial experience of Company’s judges (from Sadar Adalats).
During the tenure of Lord Dalhousie, extensive conquests and annexations were made, which:
Increased the territories and responsibilities of the East India Company.
However, the Company failed to cope with these responsibilities, resulting in:
Widespread maladministration, and
Growing resentment among the Indian people towards foreign rule.
, This dissatisfaction culminated in the First War of Indian Independence, 1857, which made a
political change inevitable.
Consequently:
The British Crown assumed complete sovereignty over British India, and
The British Parliament took direct responsibility for the government of India.
This political change necessitated a complete overhaul of the judicial system.
As a result, the Indian High Courts Act, 1861 was passed on 6th August, 1861.
Object of the Act (Statement of Sir Charles Wood)
While introducing the Bill of 1861, Sir Charles Wood stated:
“We shall have one Supreme Court, one sole Court of Appeal instead of two; and the Superior
Court thus constituted will, I hope, improve the administration of justice generally throughout
India.”
This statement clearly reflects the aim of judicial unification and efficiency.
Establishment of High Courts
The Indian High Courts Act, 1861 empowered the Crown to establish High Courts by Letters
Patent.
Accordingly, High Courts of Judicature were established at:
Calcutta (for the Bengal Division of the Presidency of Fort William),
Madras, and
Bombay.
With the establishment of these High Courts, the following courts were abolished:
The Supreme Courts,
The Sadar Diwani Adalat, and
The Sadar Nizamat (Faujdari) Adalat.
The Crown was also empowered to establish a High Court in the North-Western Provinces.
Jurisdiction and Powers
The jurisdiction and powers of the High Courts were to be determined by Letters Patent issued
by the Crown.
