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Saturday, October 26, 2013

Birth of High Courts in India

A third step taken in the direction of uniformity was to abolish  the Supreme and Sudder Courts and to constitute in their places, in each presidency, one sole court of Appeal  which had control  over all courts, both in the presidency town and in the moffussils. This was done by the Indian High Courts Act 1861 which empowered the Crown to establish, by Letters Patent, three High Courts at Madras, Bombay, and Fort William (Calcutta). The jurisdiction and powers exercised by the Chartered Supreme Courts and the Sudder Dewany and Nizamat  Adawluts were transferred to the High Court. Each one of these High Courts was to consist of a Chief Justice and not more than fifteen judges. Of these, not less than one-third, including the Chief Justice, were to be barristers, and not less than one-third were to be members of the Indian Civil Service. Power was also given to create a fourth High Court was exercised in 1866 when the High Court was established at Allahabad. An Act passed in the same year by the Imperial Legislative Council constituted a Chief Court in the Punjab, on the model of the High Courts, and composed of two or more judges appointed by the Governor-General in Council invested with the highest appellate power and original jurisdiction for the trial of certain civil and criminal cases.  

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