Judicature
Act 1781
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| Judicature Act 1781 |
It was
admitted by all that there were many shortcomings in the Regulating Act and
consequently an Act was passed in 1781 to remove them. This new Act was called
the Judicature Act 1781. The news Act provided that the public servants of the
Company were not to be subject to the jurisdiction of the Supreme Court for
things done by them in their official capacity. Revenue collectors and judicial
officers of the Company’s courts were also exempted from the jurisdiction of
the Supreme Court for things done by them in their official capacity.
Governor-General and the members of his Council were also exempted from the
jurisdiction of the Supreme Court both individually and collectively for
anything counseled, ordered or done by them in their public capacity.
The new
act provides the jurisdiction of the Supreme Court. It was provided that it was
to have jurisdiction over all the inhabitants of Calcutta. It was to administer
the personal law of the defendant. It was stated that no person was to be
subject to the jurisdiction of Supreme Court by reason of his being a
land-owner or farmer of land or land-rent or for raising a payment or pension
in lieu of any little to or share of profits for collecting rent. Servants of
the Company were were to be subject to the jurisdiction of the Supreme Court
for wrongs done by them or trespass. Cases could be brought before the Supreme
Court by the agreement of both the parties. In cases relating to inheritance or
succession to lands or goods the jurisdiction of the Supreme Court was
excluded. The Supreme Court was required to take into consideration and respect
the religious and social customs and usages of the Indians while enforcing the
decrees and processes. Government was also to keep them in view while making
regulations.
Governor-General-in-Council
was given the power to make regulations for the provincial courts and councils.
Formerly, the rules and regulations made by the Governor-General were required
to be registered with the Supreme Court. This led to a lot of inconvenience.
Consequently the Act of 1781 provided that no such registration was required.
The Act provided that appeals were to be
taken from the provincial courts to the Governor-General-in-Council.
According
to Dr. Keith the Act of 1781 “effected important changes in the system of 1778.
The preamble showed clearly who had won the contest; it asserted the necessity
of supporting the Government, the importance of the regular collection of the
revenues and the maintenance of the people in their ancient laws.”
The year
1781 may therefore well be taken as the first dividing pint of time at which
the character of the history essentially changes, at which the boundaries of
authority have at last become strongly defined.
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