History Of Courts

ESSAY Q & A:

1. write about privy council during British rule

The Privy Council was a key institution during the British rule of India. It was a powerful
body of advisors that assisted the British monarch in ruling the British Empire, including India. The
Council was established in the 16th century and continued to function until the mid-20th century.
In India, the Privy Council served as the highest court of appeal for legal cases. It was composed of a
group of senior British officials who advised the monarch on matters relating to the governance of the
British Empire, including India. The Council was responsible for issuing orders and regulations that
affected the lives of the people of India.
The Privy Council played a significant role in shaping the legal system in India. It was responsible for
developing the Indian Penal Code, which codified criminal law in India. The Council also introduced
a system of civil law based on English common law, which became the basis of the Indian legal
system.
One of the most significant functions of the Privy Council was to hear appeals from the decisions of
Indian courts. This function was especially important in cases that involved the interpretation of the
Indian Constitution or the application of Indian laws. The Council's decisions had a significant impact
on the lives of the people of India, as they were binding on all Indian courts.
The Privy Council was also involved in the administration of India. It played a key role in the
appointment of high-ranking officials and in the formulation of policies that affected the people of
India. The Council was responsible for ensuring that British interests were protected and that the
British Empire was governed efficiently.
In conclusion, the Privy Council was a powerful institution during the British rule of India. It played a
key role in the legal system, administration, and governance of India. Its decisions had a significant
impact on the lives of the people of India and helped shape the country's legal and political systems.

2. Government of India act 1935

The Government of India Act of 1935 was a major constitutional reform that was enacted by
the British government to expand the legislative and administrative powers of the Indian people. It
was the largest and most comprehensive constitutional reform in the British Empire up to that time.
The Act was a response to growing demands for Indian self-government and reflected the British
government's commitment to gradual constitutional reform in India. It was also an attempt to address
the growing unrest and political tensions in India, particularly in the wake of the Civil Disobedience
Movement led by Mahatma Gandhi.

1|Page
The Government of India Act of 1935 expanded the powers of the Indian Legislative Assembly and
established a federal system of government in India. It also introduced a new system of provincial
autonomy, which gave Indian provinces greater control over their own affairs.

Under the Act, the Indian Legislative Assembly was expanded to include representatives from all
Indian provinces. The Assembly was given the power to make laws on a wide range of subjects,
including agriculture, education, health, and public works. The Act also created a separate Council of
State, which was intended to act as a check on the powers of the Assembly.

The Act established a federal system of government in India, which divided power between the
central government and the provincial governments. The central government was responsible for
issues such as defense, foreign affairs, and communications, while the provincial governments had
authority over a wide range of other issues, including education, health, and agriculture.

The Government of India Act of 1935 also introduced a new system of provincial autonomy,
which gave Indian provinces greater control over their own affairs. The Act created provincial
governments, which were responsible for the administration of their respective provinces. The
provincial governments were headed by governors appointed by the British government.

Overall, the Government of India Act of 1935 represented an important step towards Indian
self-government and greater democracy. However, it was also criticized for its limitations and for
maintaining the dominance of the British government over India. The Act was ultimately replaced by
the Indian Independence Act of 1947, which granted India independence and established the modern
Indian state.

3. Government of India Act 1919

The Government of India Act 1919 was a significant constitutional reform that marked a
major turning point in the relationship between Britain and India. The Act introduced a number of
important changes to the administration of India, including the establishment of a new system of
government and the expansion of the Indian Legislative Council.

The Act was enacted in response to growing demands for Indian self-government and represented an
attempt by the British government to address the growing unrest and political tensions in India. The
Act was also an attempt to reward India's contribution to the British war effort during World War I.

One of the most significant changes introduced by the Government of India Act 1919 was the
establishment of a new system of government. The Act created a dual system of administration, with
power divided between the British government and the Indian people. The British government
2|Page
retained control over key areas such as defence and foreign affairs, while the Indian people were
given greater control over domestic issues.

The Act also expanded the Indian Legislative Council, which was previously limited to British
officials and a small number of Indian representatives. Under the new system, the Legislative Council
was expanded to include more Indian representatives, with the ultimate goal of creating a fully elected
Indian parliament.

The Act also introduced a system of dyarchy, which divided the responsibilities of the Indian
government between the British government and Indian ministers. This meant that some areas of
government, such as education and health, were placed under the control of Indian ministers, while
other areas remained under British control.

The Government of India Act 1919 also introduced a number of other important reforms, including
the establishment of a public service commission to oversee the recruitment of civil servants and the
introduction of separate electorates for Muslims.

While the Act represented an important step towards Indian self-government, it was also criticized for
its limitations. Many Indian leaders believed that the Act did not go far enough in granting Indians the
full measure of self-government they desired. The Act was eventually replaced by the Government of
India Act 1935, which introduced further reforms and expanded the powers of the Indian people.

4. The Legislative authority under the rule of East India Company

The East India Company was established in 1600 and began to exercise control over parts of
India in the early 18th century. During this period, the Company had extensive powers to make laws
and regulations in the territories under its control.

The Company's legislative authority was initially exercised by the Governor and Council of Fort
William in Bengal, which enacted laws and regulations through a process of consultation and
discussion. The Company also established local legislative bodies in other regions, such as the Madras
Presidency and the Bombay Presidency.

In 1773, the British Parliament passed the Regulating Act, which established a Supreme Court in
Calcutta and created a Governor-Generalship to oversee the Company's affairs in India. The
Governor-General and his Council were given extensive legislative powers, and the Company's local
legislative bodies were abolished.

3|Page
In 1784, the British Parliament passed the Pitt's India Act, which further strengthened the Governor-
General's powers and established a Board of Control to oversee the Company's affairs in India. The
Governor-General and his Council were given the power to make laws and regulations for the "peace,
order, and good government" of British India, subject to the approval of the Board of Control.

Over the course of the 19th century, the Governor-General and his Council enacted a series of laws
and regulations to govern British India. These included laws relating to land ownership, taxation,
criminal justice, and civil rights.

In 1858, following the Indian Rebellion of 1857, the British government passed the Government of
India Act, which transferred the Company's powers and territories to the British Crown. The
Governor-General and his Council continued to exercise legislative authority under the new system,
but were now subject to greater oversight and control by the British government.

Overall, the legislative authority under the rule of the East India Company evolved over time, but was
largely exercised by the Governor and Council of Fort William in Bengal and later by the Governor-
General and his Council. The laws and regulations enacted during this period had a profound impact
on the development of modern India and continue to influence the legal system in India today.

5. Role of the Law Commission in the Law Reforms in India

The Law Commission of India was established in 1955 by the Government of India to make
recommendations for legal reforms. Its primary objective is to ensure that the legal system in India is
fair, just, and efficient. Over the years, the Law Commission has played a crucial role in bringing
about significant changes to the legal framework in the country.

One of the primary roles of the Law Commission is to identify areas where legal reforms are required.
It conducts research and analyses various legal issues and makes recommendations to the government.
The Law Commission also reviews existing laws and identifies areas where amendments are required.
Its reports are used as a basis for drafting new legislation or amending existing ones.

The Law Commission has played a significant role in bringing about changes to the legal system in
India. Some of the major reforms that have been initiated by the Law Commission include the
introduction of the Indian Evidence Act, the Criminal Procedure Code, and the Indian Penal Code.
The Commission has also made recommendations for reforms in areas such as family law,
environmental law, and property law.

In addition to making recommendations for legal reforms, the Law Commission is also responsible
for reviewing the functioning of the legal system in the country. It looks into issues such as delays in
4|Page
the delivery of justice, the quality of legal education, and the availability of legal aid. Its reports
provide insights into the challenges faced by the legal system and suggest measures to address them.

Overall, the Law Commission has played a vital role in shaping the legal system in India. Its
recommendations have led to significant changes in the legal framework, making it more responsive
to the needs of the society. The Commission's role in initiating legal reforms is likely to continue, as
new challenges arise and the legal system evolves to meet them.

6. The Adalat system introduced by Warren Hastings

Warren Hastings, the first Governor-General of British India, introduced the Adalat system in
1772. The system aimed to reform the judicial administration in Bengal and to create a more efficient
and fair system of justice. Under this system, a hierarchy of courts was established, with the highest
court being the Sadar Nizamat Adalat.

The Adalat system had several significant features. First, it established a clear hierarchy of courts,
with each court having specific jurisdiction. Second, it introduced the concept of judicial review,
where higher courts could review the decisions of lower courts. Third, it provided for the appointment
of qualified judges who had undergone training in law. Fourth, it aimed to ensure the speedy disposal
of cases.

The Adalat system was not without its limitations, however. One of the primary criticisms was that it
was expensive and accessible only to the wealthy. Poor people could not afford the cost of litigation,
and as a result, they often had no access to justice. Another criticism was that the system was not
adequately representative of the local population. The judges were often outsiders who were not
familiar with local customs and practices.

Despite its limitations, the Adalat system was a significant step towards modernizing the judicial
system in India. It paved the way for the development of a more efficient and fair system of justice,
and it helped to establish the principle of the rule of law. The system served as a model for the
development of the modern Indian judiciary, and many of its features continue to be incorporated into
the Indian legal system.

In conclusion, the Adalat system introduced by Warren Hastings was a landmark in the history of
Indian judiciary. It was a significant step towards modernizing the judicial system in India and
creating a more efficient and fair system of justice. Despite its limitations, the system served as a
model for the development of the modern Indian judiciary and laid the foundation for the rule of law
in India.

5|Page
7. Indian High Court Act 1861

The Indian High Court Act of 1861 was passed by the British Parliament to establish high
courts in the three presidencies of India, namely Calcutta, Bombay, and Madras. The act aimed to
reform the judicial system and create a separate judiciary in India. It abolished the Supreme Courts in
Calcutta, Bombay, and Madras and established high courts in their place. These high courts were to
have both original and appellate jurisdiction in civil and criminal cases.

The act also introduced the concept of a Chief Justice and Puisne Judge, who were to be appointed by
the British Crown. The Chief Justice was to be the highest judicial authority in the province and was
to be assisted by a Puisne Judge. The judges were to hold office during good behavior and were
subject to removal by the Crown on the grounds of misconduct or incapacity.

The Indian High Court Act also provided for the appointment of a Registrar and other officers of the
court, including a Sheristadar and a Deputy Registrar. The act granted the high courts the power to
make rules for the conduct of business and the administration of justice.

The establishment of the high courts under the Indian High Court Act marked a significant step in the
development of the Indian judiciary. The act brought about a uniform system of administration of
justice throughout India and provided for the separation of powers between the executive and the
judiciary. It also allowed for the codification of laws and the development of legal precedents through
the appellate process.

In conclusion, the Indian High Court Act of 1861 was a landmark legislation in the history of the
Indian judiciary. It created a modern and independent judiciary in India and paved the way for the
growth of legal institutions in the country.

8. Regulating Act 1773

The Regulating Act of 1773 was a significant legislative measure passed by the British
Parliament that sought to bring reforms in the administration of the East India Company in India. The
Act was passed following a series of corruption scandals and mismanagement by the Company
officials. Here are the salient features of the Regulating Act of 1773:

1. Establishment of the first Governor-General of Bengal: The Act established the position of
Governor-General of Bengal, who was appointed by the British Crown to oversee the affairs of the
Company in India.

6|Page
2. Formation of a four-member Council: The Governor-General was assisted by a four-member
Council, comprising the Governor of Bengal and three members appointed by the British Crown.

3. Prohibition of private trade: The Act prohibited Company officials from engaging in private trade,
thus curbing the rampant corruption that was prevalent among the Company officials.

4. Appointment of Supreme Court: The Act also established a Supreme Court in Calcutta, which had
jurisdiction over civil and criminal cases in the region.

5. Increase in the number of Company Directors: The Act increased the number of Company
Directors from 24 to 30, and required them to submit annual reports to the British Crown.

6. Introduction of Pitt’s India Act: The Regulating Act also paved the way for the introduction of Pitt’s
India Act of 1784, which further reformed the administration of the Company in India.

Overall, the Regulating Act of 1773 was an important step in the process of British colonial rule in
India, as it established a new system of governance that was more accountable and transparent.
However, it also had certain limitations, such as the lack of representation of Indian interests in the
governance structure, and the continued dominance of the Company in the affairs of the region.

9. East India Company

The East India Company was a British trading company that played a significant role in
India's history from the early 17th century until the mid-19th century. Founded in 1600, it was
originally formed as a trading company to carry out trade between Britain and the East Indies.

Over time, the company became increasingly involved in India's political and military affairs. The
company's military power enabled it to control large parts of India, and it eventually established
British colonial rule over the entire country.

The East India Company had a major impact on India's economy, society, and politics. Its policies,
such as the imposition of heavy taxes and the introduction of new land revenue systems, caused
widespread social and economic unrest. The company also played a role in the spread of Christianity
in India, and its actions led to the loss of many traditional Indian industries and crafts.

The company's rule in India was not without opposition. Various rebellions and uprisings, such as the
Indian Rebellion of 1857, were aimed at overthrowing British rule and restoring Indian sovereignty.

7|Page
In 1858, following the Indian Rebellion, the British government took over control of India from the
East India Company, marking the end of the company's rule. However, the company's legacy
continued to shape India's history, particularly in the areas of law, governance, and administration.

Today, the East India Company is primarily known for its role in the history of British colonialism
and the impact it had on India and its people.

10. Dual Judicial system

During the British colonial period in India, a dual judicial system was established that
operated alongside the traditional Indian legal system. The British introduced a new legal system that
was based on English common law, and was designed to serve the needs of the colonial
administration.

The dual judicial system was characterized by the existence of two separate legal systems, one for the
British and another for the Indian subjects. The British subjects were tried in the Mayor’s Court and
the Supreme Court, while the Indian subjects were tried in the Mofussil Diwani Adalat and Nizamat
Adalat.

The Mayor's Court was established in three major presidency towns of Calcutta, Bombay, and
Madras. It had jurisdiction over civil and criminal cases involving British subjects. The Supreme
Court was established in 1774, and it had jurisdiction over the entire British territories in India. It was
the highest court of appeal in civil and criminal cases.

On the other hand, the Mofussil Diwani Adalat and Nizamat Adalat were established in various
districts and were meant to try the Indian subjects. The Mofussil Diwani Adalat was a civil court that
heard cases related to disputes over land, money, and other property matters. The Nizamat Adalat was
a criminal court that dealt with cases related to the breach of peace, theft, murder, and other criminal
offences.

The dual judicial system created a sense of inequality between the British and Indian subjects as the
British subjects were tried in a separate court that followed English common law, while the Indian
subjects were tried in the traditional Indian courts. The Indian courts, which were administered by
Indian judges, were initially presided over by the native Indian judges, but were later replaced by
European judges.

The dual judicial system was abolished in 1862 with the establishment of the High Courts in India
under the Indian High Courts Act, 1861. This Act unified the judicial system in India and established
the High Courts in Calcutta, Bombay, and Madras. The High Courts had the power of superintendence
8|Page
and control over all subordinate courts in their respective jurisdictions. The Indian Penal Code and the
Code of Criminal Procedure were also introduced during this period to provide a uniform system of
criminal justice throughout India.

11. Administration of Justice in Madras Presidency

Madras Presidency, also known as the Presidency of Fort St. George, was a British-
administered territory on the east coast of India during the colonial era. The administration of justice
in Madras Presidency was primarily based on the regulations and policies laid out by the British East
India Company.

The judicial system in Madras Presidency was a dual one, comprising of the British and the native
systems. The British system consisted of the Supreme Court, the Sadr Diwani Adalat, and the Sadr
Nizamat Adalat. The native system included the munsiff and the district courts.

The Supreme Court of Madras was established in 1801 and was the highest court of appeal. The Sadr
Diwani Adalat was established in 1802 and had jurisdiction over civil cases. The Sadr Nizamat Adalat
was established in 1805 and had jurisdiction over criminal cases. Both the Sadr Diwani Adalat and the
Sadr Nizamat Adalat were presided over by the governor or the governor-general.

The munsiff courts were presided over by Indian judges, known as munsiffs, and had jurisdiction over
small civil disputes. The district courts were presided over by Indian judges, known as district judges,
and had jurisdiction over larger civil disputes and criminal cases.

The British also introduced the jury system in Madras Presidency, where a panel of twelve people was
selected to hear and decide on the verdict in criminal trials.

The administration of justice in Madras Presidency was influenced by the need to maintain law and
order, as well as the cultural and religious practices of the region. The British authorities worked to
establish a judicial system that was fair and impartial, but also sensitive to the local customs and
traditions.

In conclusion, the administration of justice in Madras Presidency was a complex system, reflecting
the diverse cultural, religious, and social practices of the region. The dual system of British and native
courts, along with the introduction of the jury system, helped to establish a fair and impartial judiciary
that contributed to the development of a legal system in India.

12. The conflicts that arose due to the dual judicial system prior to 1861

9|Page
 The dual judicial system that existed in British India prior to 1861 often led to conflicts
between the two systems, creating confusion and inconsistency in the administration of justice.

The East India Company established its own courts, such as the Mayor's Court and the Recorder's
Court, to deal with civil and criminal cases involving Europeans. Meanwhile, Indian laws and
customs were dealt with by the native courts, which were headed by local rulers or officials.

One of the main conflicts arose from the jurisdictional overlap between the two systems. For instance,
when an Indian was involved in a case with a European, it was not always clear which court should
have jurisdiction over the matter. Moreover, Indian laws were often not recognized in the European
courts, creating an unfair advantage for the Europeans.

Another major conflict arose from the disparity in the treatment of Indians and Europeans by the
courts. Europeans were often given more lenient sentences and had greater access to legal
representation, while Indians were subject to harsher punishments and had limited access to legal
representation.

The dual judicial system also led to inconsistent legal precedents and interpretations of the law,
making it difficult to establish a uniform legal system across India.

These conflicts highlighted the need for a comprehensive and unified judicial system that would
ensure equal treatment and access to justice for all. The Indian High Court Act of 1861 sought to
address these issues by establishing high courts in each of the presidencies and unifying the judicial
system under a common law.

13. Raja Nand Kumar Case

The Raja Nand Kumar case was a landmark case in the history of the Indian legal system,
which took place in 1775 during the British rule in India. Raja Nand Kumar was a prominent courtier
and diwan of the Nawab of Bengal, who was accused of forgery by the British officials.

The case began when Nand Kumar filed a complaint against a British officer named William Baillie,
accusing him of bribery and corruption. However, Baillie counter-accused Nand Kumar of forgery,
claiming that he had forged a bond between himself and Baillie to extort money. The case went to
trial, and Nand Kumar was found guilty and sentenced to death.

The case was controversial, as many Indians believed that Nand Kumar was innocent and that he had
been unfairly tried and convicted by the British officials. The case became a rallying point for Indian
opposition to British rule and was seen as an example of the British mistreatment of Indians.
10 | P a g e
The case also had wider implications for the Indian legal system, as it highlighted the problems with
the dual judicial system that existed at the time. Under the dual system, British officials were tried
under British law, while Indians were tried under their own laws. This system was seen as unfair and
discriminatory, and the Raja Nand Kumar case played a role in the eventual abolition of the dual
system and the establishment of a unified legal system in India.

In conclusion, the Raja Nand Kumar case was a pivotal moment in the history of the Indian legal
system, which highlighted the injustices of the dual judicial system and became a symbol of Indian
resistance to British rule. The case played a significant role in the eventual reforms of the Indian legal
system and helped to pave the way for a more equitable and just system of justice in India.

14. Judicial reforms by Lord Warn Hastings

Lord Warren Hastings, the first Governor-General of India from 1773 to 1785, implemented
several judicial reforms to bring about the establishment of an efficient and impartial judicial system
in India.

One of the most significant judicial reforms he introduced was the Adalat System in 1772, which
involved the establishment of four Provincial Courts of Civil Justice in the major cities of Calcutta,
Madras, Bombay, and Dhaka. The Adalat System was a significant departure from the traditional
judicial system of India and was aimed at providing an impartial and efficient judicial system that
would be accessible to all people.

Apart from the Adalat System, Warren Hastings also made efforts to abolish the dual judicial system,
which existed in India before his arrival. He wanted to bring the Indian and British legal systems
under a unified framework. In 1773, he passed the Regulating Act, which established the Supreme
Court of Calcutta, a British-style court of law, in order to ensure impartiality in administering justice.

Lord Warren Hastings also passed several other important regulations, such as the Bengal Regulations
of 1793, which established the office of the District Judge, and the Criminal Procedure Code of 1790,
which introduced a uniform code of criminal procedure throughout British India. He also made efforts
to improve the conditions of the prisons, which were in a deplorable state, and took several steps to
ensure that the prisoners were treated humanely.

Another significant contribution of Lord Warren Hastings was the introduction of the office of the
Law Member of the Governor-General's Council. This office was created to provide legal advice to
the Governor-General and to ensure that the laws passed by the British Parliament were consistent
with the needs and requirements of the Indian society.
11 | P a g e
In conclusion, Lord Warren Hastings played a pivotal role in reforming the judicial system in India.
His efforts to establish an impartial and efficient judicial system laid the foundation for the modern
Indian judiciary. The Adalat System, the establishment of the Supreme Court of Calcutta, the Bengal
Regulations of 1793, the Criminal Procedure Code of 1790, and the introduction of the office of the
Law Member of the Governor-General's Council were some of his major contributions to the legal
system in India.

15. The Legal history of the growth of High Courts in various provinces of India

The establishment of High Courts in various provinces of India is an important landmark in

the legal history of India. Prior to the establishment of High Courts, the judicial system was based on
the dual system, which was inefficient and ineffective. The East India Company established the first
High Court in India in Calcutta in 1862. The High Court of Bombay was established in 1862,
followed by the High Court of Madras in 1865. The establishment of these High Courts was a part of
the Indian High Court Act of 1861.

The Indian High Court Act of 1861 paved the way for the establishment of High Courts in various
provinces of India. The Act provided for the appointment of High Court Judges and set out the
jurisdiction and powers of the High Courts. The Act also provided for the appointment of Chief
Justices of High Courts and provided for the transfer of Judges from one High Court to another.

The establishment of High Courts in various provinces of India led to the decentralization of the
judicial system. The High Courts had the power to hear appeals from lower courts and to issue writs
of habeas corpus, mandamus, prohibition, and certiorari. The High Courts were also vested with the
power to interpret the Constitution and to declare any law passed by the legislature as
unconstitutional.

The establishment of High Courts in various provinces of India had a profound impact on the legal
system of India. The High Courts helped to create a more efficient and effective judicial system. The
High Courts also played an important role in the development of the legal profession in India.

In conclusion, the establishment of High Courts in various provinces of India was an important
milestone in the legal history of India. The High Courts helped to create a more efficient and effective
judicial system and played an important role in the development of the legal profession in India.
16. The merits and demerits of Legal profession in india

The legal profession in India has undergone significant changes over the years, and while
there are several advantages to pursuing a career in law, there are also some drawbacks to consider.
12 | P a g e
One of the main advantages of the legal profession is the potential for high earnings. Lawyers can
command high salaries, particularly those who work in large law firms or specialize in certain areas of
law such as corporate law or intellectual property. Additionally, the legal profession offers a high level
of job security, as there is always a need for legal services.

However, there are also some disadvantages to the legal profession in India. One of the main
drawbacks is the high level of competition. The legal industry is extremely competitive, and it can be
difficult to find employment, particularly for those who are just starting out. Additionally, the long
hours and high levels of stress associated with the profession can be a deterrent for some individuals.

Another disadvantage of the legal profession in India is the slow pace of the judicial system. Cases
can often take years to resolve, and this can be frustrating for both lawyers and clients. Additionally,
corruption can be a problem in some parts of the legal system, which can lead to a lack of faith in the
judicial system and a loss of trust in lawyers.

Overall, the legal profession in India offers both advantages and disadvantages. While there is the
potential for high earnings and job security, the high level of competition and slow pace of the judicial
system can be challenging. However, for those who are passionate about the law and are willing to put
in the hard work, a career in the legal profession can be both rewarding and fulfilling.

17. The provisions of advocate under the legal Practitioners Act 1853

The Legal Practitioners Act of 1853, also known as the Indian Bar Councils Act, was an
important piece of legislation that established the legal framework for the legal profession in India.
The act was enacted to regulate the legal profession and to set out the qualifications required to
become a legal practitioner in India.

Under this Act, a person who wished to practice law had to obtain a license from the relevant High
Court or the Supreme Court of India. The license was issued only to those who met the necessary
qualifications and fulfilled other requirements such as good character and proper training. The Act
also set out the procedure for admission to the bar, which included the requirement of a law degree or
apprenticeship under an experienced advocate.

The Act established Bar Councils at the provincial level, which were responsible for regulating the
legal profession, maintaining professional standards, and disciplining advocates who violated the code
of ethics. These councils were composed of elected and nominated members from the legal
profession, and they had the power to make rules and regulations for the profession.

13 | P a g e
One of the main objectives of the Act was to maintain the integrity of the legal profession and to
ensure that lawyers acted in the best interests of their clients. The Act also aimed to promote a high
standard of legal education and to encourage the development of legal knowledge and skills.

However, the Act had some limitations and criticisms as well. It was argued that the Act did not do
enough to address the issues of corruption and nepotism within the legal profession. The Act was also
criticized for being too restrictive and for creating a monopoly in the legal profession.

Despite its limitations, the Legal Practitioners Act of 1853 laid the foundation for the modern legal
profession in India. It provided a framework for the regulation of the profession and set out the
qualifications required for legal practitioners. The Act was later amended and updated to reflect
changing legal and social conditions, and it continues to influence the legal profession in India today.

18. Administration of Justice before 1726

Before 1726, the administration of justice in India was under the control of various local
authorities such as zamindars, chieftains, and village panchayats. They used to settle disputes through
customary laws and practices prevailing in their respective regions. The legal system was mostly
based on personal laws and customs, which were not codified or uniform across the country.

The British East India Company started establishing their own courts in India after acquiring power
and territory. The earliest court was established in Fort St. George in Madras in 1687. The British
introduced their own legal system in India, which was based on English common law and equity
principles. They established mayor's courts in Madras, Bombay, and Calcutta, which had jurisdiction
over Europeans and Indian Christians.

In 1726, the British East India Company established a Supreme Court in Calcutta to administer justice
to the British and European residents in India. The Supreme Court was established under a Royal
Charter, and it had jurisdiction over the presidency of Bengal, Bihar, and Orissa. The Supreme Court
was the highest court of appeal, and it had the power to hear cases related to both civil and criminal
matters.

However, the Supreme Court was not well received by the local Indian population, as it was
considered to be a foreign court. The British government had to establish separate courts for the
Indian population, which were known as Diwani Adalats. These courts were established under the
Regulating Act of 1773, and they had jurisdiction over civil matters such as revenue, taxation, and
land disputes.

14 | P a g e
In conclusion, before 1726, the administration of justice in India was based on local customary laws
and practices. The British East India Company introduced their own legal system, which was based on
English common law and equity principles. The Supreme Court was established in Calcutta in 1726,
and it had jurisdiction over the presidency of Bengal, Bihar, and Orissa. However, the Supreme Court
was not well received by the local Indian population, and separate courts were established for the
Indian population under the Regulating Act of 1773.

19. How article 14 of Constitution embodies the Rule of Law?

Article 14 of the Indian Constitution states that "the State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India." This article
embodies the principle of the Rule of Law, which means that no one is above the law, and everyone,
regardless of their status, is subject to the law.

The Rule of Law is a fundamental principle of the Indian Constitution, and Article 14 is its
embodiment. It ensures that every citizen has equal access to justice and is treated equally by the law.
This means that the government and its officials must act within the framework of the law and cannot
arbitrarily deprive anyone of their rights or discriminate against them.

Article 14 ensures that all laws are clear, specific, and apply equally to all citizens, irrespective of
their status or background. The provision requires that the State's action must be based on objective
and reasonable criteria, and the decision-making process should be free from any bias or favoritism.

The provision also guarantees the right to a fair trial, which includes the right to legal representation,
the right to be heard, and the right to a reasoned judgment. The courts have an essential role in
ensuring that the Rule of Law is upheld, and that the fundamental rights of every citizen are protected.

However, there are challenges in implementing the Rule of Law in India. The lack of resources,
judicial delays, and corruption can impede access to justice for some individuals. Additionally, some
laws may not be implemented in practice, and there can be discrepancies in their interpretation and
application.

In conclusion, Article 14 of the Indian Constitution embodies the Rule of Law and ensures that every
citizen is equal before the law. However, the effective implementation of this provision requires
continued efforts to address the challenges in the Indian legal system.

20. Admiralty jurisdiction according to charter 1774

15 | P a g e
 The Admiralty jurisdiction refers to the jurisdiction of the British courts in matters of
maritime law. The Admiralty jurisdiction was granted to the British Crown by the charter of 1774.
This charter established the Vice-Admiralty Courts in the British colonies, including India.

According to the charter of 1774, the Vice-Admiralty Courts were established in the British colonies,
which had jurisdiction over all cases of maritime law, including disputes related to ships, cargoes, and
seamen. The Vice-Admiralty Courts had the power to hear and determine cases in civil and criminal
matters, including cases of piracy, assault, and murder committed on the high seas. The charter also
provided for the appointment of Vice-Admiralty judges, who were appointed by the Crown and had
the power to hear and determine cases.

The Admiralty jurisdiction was an important aspect of British colonial law in India. The Vice-
Admiralty Courts had jurisdiction over all ports and harbors in India, and they played a significant
role in resolving disputes related to maritime commerce. The Admiralty jurisdiction also played a
crucial role in the enforcement of British colonial law in India.

However, the Admiralty jurisdiction was also criticized for its arbitrary exercise of power. The Vice-
Admiralty judges were appointed by the Crown and were not accountable to the Indian judiciary or
the Indian public. The Admiralty jurisdiction was often accused of being partial towards the British
interests, and it was seen as a tool for the British colonial administration to enforce its policies in
India.

In conclusion, the Admiralty jurisdiction established by the charter of 1774 was an important aspect of
British colonial law in India. It provided the British colonial administration with the power to enforce
maritime law and played a crucial role in resolving disputes related to maritime commerce. However,
the Admiralty jurisdiction was also criticized for its arbitrary exercise of power and lack of
accountability to the Indian judiciary and public.

16 | P a g e