Part 12 – Indian Legal History – Establishment of Supreme Court at Bombay and Madras Reality Views by sm -
Part 12 – Indian Legal History – Establishment of Supreme Court at Bombay and Madras
Reality Views by sm -
1.Charter of 1753 established the judicial system in the Presidency town of Bombay and Madras.
2.In 1791, Madras Presidency, Madras Council informed and ask the company directors that they need professional lawyers for the civil and criminal cases and also suggested that Appeals from Madras court should go to the Supreme Court of Calcutta instead of England which will save the time and which will help the complainants to get speedy justice, appeals to England delayed the justice.
3.British Parliament enacted an act in 1797 permitting crown to issue charters to establish Recorders Court at Bombay and Madras. Then On February 1, 1798 King George III issued charters for the purpose of creating Recorders Court at Bombay and Madras.
4.In Madras from November 1, 1798 Recorders Court started to function and near about same time Bombay Recorders Court also started its functioning.
5.On 26th December 1800 king George issued letter regarding the establishment of Supreme Court at Madras which came into existence on 4th September 1801 and Sir Thomas Strange became the first chief justice of court, Sir Thomas was the Recorders Court chief justice, With the establishment of Supreme Court at Madras the all powers of Recorders Court were given to the Supreme Court.
6.In 1823, with Royal charter in Bombay Presidency Supreme Court was established. And Supreme Court started functioning from 8th may, 1824 and Sir E. West became the Chief Justice.
7.Bombay Supreme Court, judiciary also faced the conflicts with the Executive and government.
8.In one case Chief Justice West found the one of the friends of Governor and company servant Erskine guilty in a case of misappropriation of money and he dismissed him.
9.In Bombay Government tried to limit the Press power and drafted new law, but Chief Justice West rejected it saying Freedom of Press is important. In this fight with the Government , Chief Justice threatened the one news paper which took the side of Government ,chief justice said that it’s a government paper
10.In one case Supreme Court demanded the records from the Government but on last minute government did not show the records to the Supreme Court on the name of Secrecy.