Indian Legal and

Constitutional history

NAME- SAHIL
BAIG
BALLB 2nd Sem.
 Jurisdictional issues after 1781
• Supreme court of Judicature at Fort William was established on October 22, 1774 in
Calcutta, Bengal. It was authorized by the Regulating act of 1773. This court
replaced the Mayor's Court[1], which was functioning in Calcutta since 1753. In
1862, When the High Court of Calcutta got established by the Indian High Courts
Act of 1861[2], until then, the supreme court of judicature was British India's highest
court.
• Under the regulating act of 1773, Supreme Council of Bengal was also formed in
Calcutta in 1773. It was known as the highest level of executive government in
British India until 1833. This council was headed by the Governor General and
consisted of 5 members including the Governor General himself. The council was
also known as Governor-General-in-council. The council was formally subordinate
to the British crown and Court of Directors, a board of East India Company.
 History of conflicts
• The first 6-8 years after the establishment of Supreme Court of Judicature
in Calcutta, is known for the conflicts between the Governor-General-in-
council and the Supreme Court. Some of those conflicts are mentioned
here:
 Conflicts over court’s jurisdiction:
• The jurisdiction of the supreme court was defined in the Regulating Act of
1773 but certain issues were not clear in the act and those issues were
creating doubts. This became the cause of a bitter conflict between the court
and the council. According to the Regulating act of 1773, the supreme
court's official penned jurisdiction was All British subjects in Bengal and
anyone employed under the said United company, directly or indirectly.
Since, the term Directly or Indirectly could be applied to almost everyone
who worked under the company, the conflict between the court and the
Governor-General-in-Council was inevitable in nature.
• Supreme court, after its establishment in 1774, claimed its jurisdiction over any
person residing in Bengal, Orissa and Bihar, from 1774 to 1782.This became the
reason of a bitter conflict between the supreme court and the Governor-General-
in-Council for eight long years. When the Bengal Judicature act of 1781 was
passed in June 1782, the conflict finally came to an end in 1782. Jurisdiction of
the Supreme Court was restricted to either those, who lived in Calcutta or to any
British subject residing in Bengal, Orissa and Bihar, by the Bengal Judicature act
of 1781. The act removed the controversial jurisdiction of Supreme Court over
any person residing in Bengal, Odisha and Bihar.
 Cases:
• From 1775 to 1780, there were several disputed cases, which created
conflicts between the Governor-General-in-council and the Supreme
Court. These cases became the source of conflicts between the court and
council over jurisdiction of various subjects. Some of those cases have
been mentioned here.
 Case of kamaluddin (1775):
• The case of Kamaluddin was the first case to display an open conflict between
the Governor-General-in-Council and the Supreme court regarding the
jurisdiction of various subjects. According to the facts of this case, Kamaluddin
was holding a salt farm in Hugli (Bengal) which originally belonged to another
person named Kanta Babu. Kamaluddin was just an ostensible holder of the
farm and was holding the farm on the behalf of Kanta Babu. Kamaluddin was
imprisoned because he was issued a writ to his committal to the prison without
bail by the Revenue Council. He was in the prison without bail because arrears
(money owning)of revenue was due from his side in 1775.
• In such cases at that time, it was according to the custom to release the
imprisoned persons on bail. Later, the defendant, i.e., Kamaluddin appealed in the
supreme court for a writ of Habeas Corpus[3]. Supreme court headed by chief
justice Elijah Impey gave its decision in the favour of the defendant and
Kamaluddin was set free by the court on bail after he obtained the writ of Habeas
Corpus. The court, in its judgement, held that the defendant, in the cases of
disputed accounts, should be granted bail till the inquiry regarding his obligation
to pay is completed and he is found liable.
• As expected, Supreme council headed by Warren Hastings, the Governor
General expressed its dissatisfaction on the judgement of Supreme court. 
 Conclusion:
• Initial years of the Supreme Court of Judicature at Fort William in Bengal was very
controversial. Several conflicts between the Governor-General-in-Council and the
supreme court was recorded in these years. Most of these conflicts were in regards to
the jurisdiction of various subjects. The disputed cases like the Case of Kamaluddin,
The Patna Case, Cossijurah Case, etc. displayed the conflicts over jurisdiction between
the council and the court at a great extent.

And, this series of conflicts went on like this until the Bengal Judicature act of 1781
was passed. It defined the jurisdiction of supreme court in relation with the council and
settled the conflicts between the Governor-General-in-Council and the Supreme Court.