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Introduction

The High Courts Act, 1861 was a landmark legislation enacted by the British Parliament to reorganize the judicial system in India. Before this Act, justice in British India was administered through Supreme Courts and Sadar Adalats, which often overlapped and created confusion. The Act aimed to unify and strengthen the judicial administration by establishing High Courts in major presidency towns. It laid the foundation of the modern High Court system in India. Before passing of the Indian high court act 1861, there is existed dual system of courts in India, namely the Crown’s Courts and the company Courts

Key Point:-

1. British Crown Court consist of-: Supreme Court, Calcutta, Madras, Bombay
2. Company Court Consist of-: Sadar Nizamat Adalat (criminal courts) and Sadar Diwani Adalat (civil courts)

Background:-

Supreme court and Sadar Adalat created a great confusion and conflict. These courts had separate jurisdictions, leading to conflicts and inefficiency. The Revolt of 1857 exposed the weaknesses of British administration, including the judicial system. As a result, reforms were introduced, and the High Courts Act, 1861 was passed to bring uniformity and efficiency in justice delivery. To resolve these conflicts The Indian High Court Act 1861 was Introduced by the British Government in the India Colony. This act was passed in the parliament of United Kingdom it authorize the crowns to create the High Court in the India.

Queen Victoria created the High Court in Calcutta, Madras and Bombay by the ‘Letter Patent’ in 1862. Note: ‘Letter Patent‘ is a legal order or a document by the head

The High Court of Calcutta, Madras and Bombay were established under this High Court Act 1861.

Objectives of the High Courts Act, 1861 are:-

1. To abolish Supreme Courts and Sadar Adalats
2. To establish High Courts in presidency towns
3. To combine civil, criminal, admiralty, and equity jurisdiction
4. To ensure better administration of justice
5. To strengthen judicial independence and efficiency
6. The objective of this act was to effect a fusion of the Supreme Court and the Sadar Adalats in the three Presidencies and this was to be achieved by issuing Letter Patent.
7. The jurisdiction and powers excerised by these courts was to be assumed by the High courts

Composition of High Courts are:

The High Courts was to consist of a Chief Justice and other puisne(Ordinary Judges) of a Chief Justice and other puisne judges was not exceeding to 15 in number as Majesty might from time to time think fit to appoint.

Qualification of Judges of the High Court are:

A person could be appointed judge of High Courts if he was either;

1. A Barrister of not less then five years standing
2. A member of the Covenanted Civil Service of at least 10 years. Standing who had served as Zela Judge for at least 3 years in that periods.
3. A person having held judicial officer not inferior to that of principal Ameen or judge of a small cause for at least 5 years.
4. A person who had been a pleader of a Sadar Court or Supreme Court at least 10 years.
5. At least one third of the Judges of the High Court, including the Chief Justice had to be Barristers and the other one third of the Judges had to be be member of the convenient civil service.
6. The Judge hold their office during the pleasure of he Mejesty.

Law to be Applied on the High Court is;

1. The Law which is the High Court applied was same as applied by the Supreme Court i.e English Law.
2. However, the High Court was allowed to use the principles of Justice, equality and good conscience on the appellate side.
3. In Criminal Law, it followed the IPC. So far as procedural Laws are concerned the High Court’s followed Civil and Criminal code.

Jurisdiction of High Court’s:

The Jurisdiction of each High Court depend in the letters of Patent issues by her Majesty. She Could give them power to exercise all civil, criminal, intestate, testamentary, admiralty the matrimonial Jurisdiction. She could also confer on them original and appellate jurisdiction and all such powers and authority with respect to the presidency, as she justice in the presidency, as she through fit.

Thus, High Court were given the following and appellate jurisdiction are:

1. Original Jurisdiction;
   • Civil Jurisdiction;
     • Original civil jurisdiction in presidency towns.
     • Appellate jurisdiction over subordinate civil courts.
     • It is also of two types; 1. Ordinary Civil Jurisdiction, and 2. Extra Ordinary Original Criminal Jurisdiction.
   • Criminal Jurisdiction;
     • Trial of serious criminal cases.
     • Appeals from lower criminal courts.
2. Revenue Jurisdiction:- The high court was jurisdiction to here Revenue cases also which were precluded from the jurisdiction of the supreme by the settlement of 1781.
3. Admiralty Jurisdiction (Maritime Dispute):- The admiralty and vice admiralty jurisdiction was also given to the high court.
4. Testamentary and Miscellaneous Jurisdiction: The High Court were given similar testamentary intestate and probate Jurisdiction as was enjoyed by the supreme court. It also worked as the court of words for the administration of the administration of the estate and persons (lunatics, idiots and minors).
5. Appellate Jurisdiction: The appellate Jurisdiction of the High Court was of two types:-
   • Civil Jurisdiction:- The High Court could hear appeals in all cases authorised by any law or regulated.
   • Criminal Jurisdiction:- The High court has criminal Jurisdiction in all cases decided by the subordinate courts to, it could also entertain against the decision of the Lower Court and reference from them.

Appeal from High Court:-

An appeal to Privy Council England lay from judgement of High Court Civil Courts:- The amount involved is Rs10,000 or more if the High Court certified that case is fit one for appeal. And in case of criminal cases from its original jurisdiction or if the High Court Certified that the case is fit one for appeal.

Features of the High Court Act 1861:-

1. The charter of high court of calcutta was issued on 14 May 1862 and Madras and Bombay was issued on June 26, 1862.
2. So, the calcutta high court has the distinction of being the first court and one of the three charactered high court to be set up in India along with the high court of Bombay Madras.
3. High Court of Calcutta which was formerly known as High Court of Judicature at Fort William was established on 1July 1862, Sir Barnes Peacock was its first Chief Justice.
4. On 2 Feb 1863, Justice Shambhu Nath Pandit was the first India to assume office as a Judge of the Calcutta High Court.
5. The Bombay High Court was Inaugurated on the 14 August 1862.
6. Indian High court Act 1861 also give power to set up other High Courts Towns with similar powers.
7. Under this power, a High Court was established in 1866 at High Court of Judicature for the North-Western Provinces at Agra on 17 March 1877 by the High Court Act of 1861 replacing the Sadar Diwani Adalat.
8. Sir Walter Morgen, Barrister in Law was appointed the first Chief Justice of the High Court of the North Western Provinces. However, it was shifted to Allahabad in 1829 and the name was corresponding change to the High Court of Judicature at Allahabad from 11 March 1919

Conclusion:

The High Courts Act, 1861 was a revolutionary step in the development of the Indian judicial system. It replaced a confused and fragmented structure with a centralized and efficient High Court system. Though colonial in nature, the Act played a crucial role in shaping India’s present judicial framework. Even today, the High Courts established under this Act continue to function as pillars of justice in India.