Establishment of High Court Act 1861

  • Stuti Wasnik and Tejaswi Anand
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  • Stuti Wasnik

    Student at Guru Ghasi Das University, India

  • Tejaswi Anand

    Student at Guru Ghasi Das University, India

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The rule of “The East India Company” ended in 1857, after the first war of Independence. It was overthrown by the direct rule of “The British Crown in 1858”. High Courts in India have a long history dating back to the British Raj. The British arrived in India as traders, but they quickly established a footing on the Indian mainland and got actively involved in India’s governance. There were two established judicial systems for dispensing justice in the three Presidency towns of “Calcutta, Madras, and Bombay”, namely the Supreme Court and the “Sadar Diwani” and “Sadar Nizamat Adalat”. This type of judicial proceedings was uncomfortable for the people who lived in the Presidency. In reality, it frequently clashed, resulting in contradictory outcomes. The British Parliament eventually settled this issue by passing the Indian High Courts Act in 1861. From the start, the Crown's valor assisted them in expanding its territorial control over the majority of Indian geographic locations, and this was a moment when the British were well enough on the question of power over India. As a result, they require an implemented control in which several inferior courts have their major courts inside the geographical bounds of their region. Prior to this legislation, the highest courts were solely at the central level, namely the Supreme Court in Calcutta. It was a problematic and complicated decision on the part of this subordinate court, thus there was an immediate need for a structure in which the primary courts are grouped into various sections. Changes in judiciary enacted under this legislation are abundantly visible in India's current judicial system. In order to construct an effective legal system over India's large geography, a suitable hierarchy of courts was required. There was an urgent need for courts at various territorial units that might act in the same capacity as the Supreme Court by monitoring districts and inferior courts.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2217 - 2222


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