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IV

The Foundations
of Modern Law in India
(1861–1947)

T
he Uprising of 1857 was a landmark moment in Indian history. After
the revolt was put down, the British embarked upon a large-scale
programme of political and legal restructuring. Formally, control over
the Indian territories passed from the hands of the East India Company
to the British Crown. Queen Victoria’s Proclamation of 1858 assured
the “natives” that the government would not interfere in matters of religion. Alongside
this, legal reforms were initiated. The old dual system of courts—the charter courts
in the presidency towns and the sadar adalats in the mofussil—was abolished, and
a streamlined judicial hierarchy was initiated. Through the Indian High Courts
Act of 1861, high courts were established in Bombay, Madras and Calcutta, and
these high courts were the highest appellate authorities in their territories. The
act also authorised the establishment of future high courts in different parts of
the country and eventually, high courts in Allahabad, Lahore and Patna
(among others) were also created.
Along with the new structure of courts, the legal system also
underwent a change. So far, the legal systems in Bengal and Bombay had
been organised on very different lines. In Bengal, the British distinction
between “canon law” and “civil law” was followed, according to which
secular matters were to be settled by the courts, while religious matters
were to be left to the ecclesiastical authorities. In Bombay, however, the
Postage stamps commemorating legal model had been based on the idea of “common law”
the centenaries of the High Courts as an amalgamation of local customs. The result of the
Governor of the United Provinces with judges of the Allahabad consolidation of 1861 was that the Bombay model was
of Allahabad and Madras and
High Court, 1948. Source: High Court of Allahabad abandoned and the Bengal model was adopted for all of British
Ashutosh Mookerjee, the famous
lawyer and judge from the Calcutta India. Many scholars have observed that this ultimately led
High Court as well as a dedicated to the slow death of diverse local customary practices and the
educationist. Source: India Post reification of text-based, inflexible “personal laws”.

122 chapter IV the foundation s of modern l aw 123

Existing side-by-side with British India was a large swathe of princely states,
with their own judicial systems. Hyderabad, Mysore, Kashmir and the regions
corresponding to Rajasthan and Himachal Pradesh were just a few of the places where
the princes held nominal power. Perhaps unsurprisingly the princely states came
increasingly under the sway of British influence and the legal reforms initiated, there
often came to mirror and resemble what was taking place in British India.
Lastly, there were parts of India, such as areas under present-day Jharkhand
and the Chotanagpur plateau, as well as the current Northeast and hill areas, where
The high court building in indigenous communities continued to live in accordance with indigenous legal and
Agra. This was the initial judicial systems. This was another aspect that the British government was required to
seat of the High Court for the take into account in its project of setting up a uniform system of courts and law in the
Northwestern Provinces before territories under its control.
the court was transferred to a All this led to periods of great ferment between 1857 and ultimate Independence
new building in Allahabad. in 1947. Indeed, many of the aspects of legal and judicial practice that are mainstays
After Allahabad High Court today had their origins in this time. Perhaps rightly, in the history of law and legal
Centenary: 1866–1966 institutions in India, this period has been called “the foundation”.
THE HIGH COURTS in British India

Allahabad
The foundations of the High Court of Allahabad lie in a communication
dated 24 June 1864 from the secretary of state for India to the Governor General in
Council, for establishing a High Court for the Northwestern Provinces. Two years
later, on 17 March 1866, Queen Victoria granted letters patent for the setting up of
the High Court of Judicature for the Northwestern Provinces. The new high court
replaced the erstwhile dual system of the sadar diwani adalat. Initially, the court
comprised members of the Bengal Civil Service. Out of the six judges appointed to
The original seal of the the first high court, four had been judges of the previous sadar diwani adalat. The
Allahabad High Court initial seat was Agra.
containing the British The Rules of Practice of the court were framed on 16 June 1866, and the first
emblem from the time of reported case is dated 18 June 1866, decided by Justice Francis Boyle Pearson and
the issuance of the charter Justice Robert Spankie sitting in Agra. While Allahabad as a city had by then already
establishing the high court assumed importance consequent to the viceroy, Lord Canning, shifting the seat of
in 1866. Source: High government there from Agra, the court continued to function in Agra while it awaited
Court of Allahabad the completion of a new building in Allahabad.
The building in Allahabad, to which the new high court initially moved
and which still stands today, was constructed by Colonel Piele of the Public Works
The original building of the High Court of Allahabad on Sarojini Naidu Marg (earlier called Queens Road). After
Allahabad High Court Centenary: 1866–1966

Department and cost a sum of Rs 13 lakhs. Although
the gazetteer of the time records that it was completed
in 1870, the building or at least a part of it appears to
have been habitable, as Justices Pearson and Turner are
recorded to have arrived in Allahabad in November 1868
and were sitting here as a bench of the new court. This
red brick and stone structure on what was then known as
the Queens Road (now Sarojini Naidu Marg) still stands
today and houses the courts of the Board of Revenue, the
chief controlling revenue authority of the state.
The Chief Justice, Sir John Stanley, laid the
The inauguration by the
foundation in 1911 for the present building, from which the court functions today.
viceroy, Lord Chelmsford, of the
Work on the magnificent edifice from out of which the present high court functions
present High Court building
is recorded to have commenced from March 1914 and the building was inaugurated
(then the Court of Oudh) in
by the viceroy, Lord Chelmsford, on 27 November 1916.1 The building was primarily
Appointed as puisne judge of the High Court for Lucknow on 26 November
constructed out of sandstone quarried locally, marble from Makrana in Rajasthan
the Northwestern Provinces in 1887, Justice Syed 1916 by Lord Chelmsford.
and wrought-iron works from Canal Foundry, Roorkee, at a cost of Rs 15.25 lakhs or
Mahmood went on to become the first Indian Source: Lucknow Bench of
£ 101,500.2
jurist to be appointed to the High Court of Allahabad High Court
Six advocates stood enrolled to appear before the court when it originally
Allahabad. Source: High Court of Allahabad
moved to Allahabad. With the increase in the volume of work, by the middle of
1877, over 50 advocates stood enrolled and were entitled to audience. Of these, Syed
Muhammad Mahmud, Kishori Mohan Chaterji and Manphul Surajbal Pandit were
the only Indians. By supplementary letters patent, dated 11 March 1919, the high
court came to be renamed the High Court of Judicature of Allahabad, the name that
it still carries today.
A later generation of lawyers at the high court left an indelible mark upon the
Original hand written
In its early years, the High Court of Allahabad saw some towering Indian freedom struggle. These included Tej Bahadur Sapru (author of the famous
judgement of Justice Syed
personalities at the bench and bar. Justice Syed Mahmood sat as a permanent Sapru Committee Report), Motilal Nehru and independent India’s first prime minister,
Mahmood, dated 20
judge of the high court from 1887 to 1893, beginning at the young age of Jawaharlal Nehru. At the time of Independence, the High Court of Allahabad was
December 1880. Source:
36. He was the first Indian to be appointed a permanent judge of the High unified with another colonial high court, the High Court of Oudh, into a single
High Court of Allahabad
Court of Allahabad and indeed the first Muslim to be appointed a high court Allahabad High Court.
judge under the British Empire in India. According to the scholar Alan M.
Guenther, Mahmood’s frequent dissenting opinions led to conflicts with his The Chief Court of Oudh
brother judges and he retired in 1893.3 Side by side with him, Sir John Edge, In 1856, Lord Dalhousie annexed Oudh to the territories of the East India Company. Of these, 12
who was the Chief Justice, was responsible for codifying the rules of the court districts were constituted into a separate province of Oudh under the control of a chief commissioner.
and was ultimately elevated to the Privy Council. This period also saw several A little while later, these territories were brought under the unified control of the Lieutenant Governor
attacks on judicial independence, such as a bill to regulate the appointment of the Northwest Frontier Provinces. Subsequently, in 1902, these territories came to be known as
of judges and the attempted interference in the working of the court by the the United Provinces of Agra and Oudh. The highest court of appeal at the time of annexation was
governor general, which were firmly rebuffed.4 the court of the judicial commissioner. With the passage of the Oudh Courts Act, 1925, the Chief
Court of Oudh comprising one chief justice and four puisne judges came to be established.

Bombay
By letters patent of Queen Victoria issued on 26 June 1862, the high court
was formally established in Bombay. The High Court of Bombay started functioning
on 14 August 1862 with the chief justice and six puisne judges—although the
charter provided for 15 judges. The charter also provided that one-third of the judges
including the chief justice should be barristers of Britain. Another one-third were to
be recruited from the judicial branch of the Indian Civil Service and the remaining
one-third could be from the subordinate judiciary as well as Indian lawyers practising
at the High Court of Bombay.
The high court had original criminal jurisdiction exercised through its criminal
sessions, presided over by a high court judge in respect of serious criminal cases in the
town and island of Bombay. Jurisdiction was further enhanced to deal with several
causes of action by issuance of letters patent of Queen Victoria dated 28 December
1865 in the matters of infants, lunatics and insolvents in the Presidency of Bombay.
The high court had original jurisdiction as well as appellate jurisdiction, including
jurisdiction to decide intra-court appeals under letters patent. The high court was also
vested with criminal appellate jurisdiction from the decision of all sessions courts and
was also a court of reference and revision and exercised functions of an insolvency
court. It possessed civil and criminal jurisdiction of admiralty and vice-admiralty
court in maritime matters arising in India. It was also invested with testamentary
jurisdiction and matrimonial jurisdiction over Christians. One of the judges of the
high court also officiated as judge of the Parsi matrimonial court. The high court
also had extraordinary jurisdiction and the lower judiciary functioned under its
superintendence (including the court at Aden).
The Bombay bar had some of the most distinguished barristers in British India
such as Anstey Mcpherson, Branson, F. J. Coltman, Strangsman and J.D. Inverarity
during the early years of the high court, and Badruddin Tyabji, Kashinath Telang,
View of the new building of the Bombay High Court. D.M. Bahadurji, Mohammad Ali Jinnah, Chimanlal Setalvad, Jamshedji Kanga,
Source: High Court of Bombay K.M. Munshi and Bhulabhai Desai being some of the best in early 20th century.
Bombay solicitors enjoyed a high reputation in the profession and a good status in
society. Solicitors, earlier referred to as attorneys-at-law, started practice in Bombay
with the inauguration of the first court of judicature in 1672. Till the high
court was established, Bombay had only European solicitors except three
Indians, namely, Khanderao Moraba Kanhoba, Vinayak Harychand and
Cumruddin Tyabji. The Bombay Incorporated Law Society was established on
15 December 1894 with 16 English and 17 Indian solicitors as subscribers to
the memorandum of association. The solicitors have been an integral part of
the legal profession all throughout. The High Court of Bombay was presided
over by some of the most eminent British as well as Indian judges. Nanabhai
Haridas was the first permanent Indian judge of the high court. Between
J.D. Inverarity, a distinguished barrister of

View of the old Bombay High the Bombay bar served as a civil servant in the
Court building. Source: High Bombay Presidency as well
Court of Bombay

1873 and 1884, he acted as temporary judge on nine occasions till he was confirmed was one of the first students among his community to overcome prejudices of the
as permanent judge in 1884, but died in 1889. He was succeeded by other equally orthodox section and left Bombay for England in December 1864 to study for the bar
eminent Indian judges such as Justice Telang, Justice Ranade, Justice Badruddin examination at Lincoln’s Inn and after about three and a half years’ stay in London
Tyabji, Justice Chandavarkar to name a few and finally, Justice M.C. Chagla, whose was called to the bar on 30 April 1868. He returned to Bombay in September 1868
rise as Chief Justice was dramatic and sudden. and was felicitated for being the first barrister in their community. He was sworn in
In Bombay, Badruddin Tyabji was the first Muslim and the first Indian to be before Justice Joseph Arnold on 30 November 1868.6 In 1924, the high court also saw
Below from left to right: called to the bar at Middle Temple on 30 April 1867. He took oath in the High Court the first Indian woman barrister—Mithan Ardesar Tata. She was one of two women
Justice Nanabhai Haridas, the of Bombay on 23 December 1867, the difference being that he swore by the Quran. barristers at Lincoln’s Inn and was called to the bar in 1923.
first Indian permanent judge of the In 1895, he was elevated to the bench and once even acted as the Chief Justice of During the course of its existence, the high court was involved in a fair
High Court of Bombay from 1873 Bombay.5 Although Tyabji was the first native of western India to be called to the bar, number of high-profile and controversial cases. Perhaps the most famous of these is
to 1884. He acted as temporary the honour of being the first Indian barrister to practice in the High Court of Bombay Rukhmabai’s case. Rukhmabai was a 22-year-old, highly educated woman, whose
judge on nine occasions till he was goes to Govind Vithal Karkere, who was enrolled as barrister in the high court four marriage had been solemnised when she was 11 years old, but had been living
confirmed as permanent judge in months before Tyabji. Abbas Shamsuddin Tyabji, nephew of Badruddin Tyabji, who separately from her husband since then. When her husband, Dadaji Bhikaji, asked her
1884; Justice K.T. Telang, one of in later years became a disciple of Mahatma Gandhi, was called to the bar in 1875 and to join him and consummate the marriage, she refused. Dadaji filed for “restitution
the leading authorities on Hindu was the second Muslim barrister of the High Court of Bombay. Abdeali M. Kajiji was of conjugal rights”, a remedy that had been introduced by the British into Indian
law, going on to become a judge of the first from the Dawoodi Bohra community to be called to the bar and he returned law. Rukhmabai contested the suit and the case became a cause célèbre in both India
the High Court of Bombay; Justice to Bombay from England in 1896. and England, mobilising conservative and reformative opinion for and against the
Badruddin Tayabji, the first On 21 June 1863, Sir Cowasjee Jehangir advertised in the Bombay papers parties. The single judge, Justice Pinhey, dismissed Bhikaji’s suit and delivered an
Indian Muslim judge to be called offering a prize of Rs 5,000 to any Parsi who, after being called to the bar, enrolled impassioned denunciation of remedies, such as the restitution of conjugal rights and
to the bar at Middle Temple on himself as barrister in the High Court of Bombay. Initially, there was no applicant how they treated women. His judgment caused a sensation and on appeal, it was
30 April 1867. In 1895, he was who wanted to take advantage of this generous offer, mainly because of the strict quickly reversed. Before the case could proceed to the Privy Council, it was settled out
elevated to the bench and went on orthodoxy of Parsi parents, who were reluctant to allow their sons to venture on a of court, and Rukhmabai went on to study medicine in England.7
to become the Chief Justice of the long voyage to London, where they would be compelled to consume food cooked by Another famous case decided in the early years of the high court was the Aga Khan
High Court of Bombay. non-Parsis out of sheer necessity, would go about bare-headed, eat beef or ham and do case. This involved a contest between the Aga Khan and various reformers within the
Source: High Court of Bombay various other acts contravening their time-honoured customs. Sir Pherozeshah Mehta Khoja community about control over the collective property of the community, but was
actually a larger contest between the Aga Khan and the reformers for control over the
community itself. The case was ultimately decided in favour of the Aga Khan, and scholars
argue that it is an example of how colonial law and jurisprudence ended up reifying and
crystallising sects and communities into the categories of “Hindu” and “Muslim”.8
Pre-Independence logo of the
The character of the major cases was entirely matched by the barristers who
Bombay High Court. Source:
argued them. Foremost among them was Thomas Anstey, who was a regular at the
High Court of Bombay
early Bombay bar and frequently represented Indians and unpopular clients. In fact,
the Catholic Encyclopedia records that when he died in England in 1873, his death
was mourned by Indians in Bombay, whose causes he had always forwarded.9
In Rukhmabai’s case, Rukhmabai was represented by the most eminent
members of the Bombay bar, in fact, the foremost British lawyers, F.L. Latham and
Inverarity and an Indian lawyer, Telang. Telang was one of the leading authorities
on Hindu law and went on to become a judge of the high court, where he became
known for dynamic interpretation of the shastras in order to bring them up-to-date
with contemporary realities.10
Justice Nanabhai Haridas Justice K.T. Telang Justice Badruddin Tayabji
13 0 chapter IV the foundation s of modern l aw 131

Calcutta
The High Court of Calcutta was established by letters patent, dated 14 May
1862, and its territorial jurisdiction was stipulated in 1865 over the entire Bengal
presidency. At the beginning of the 1860s, in Bengal, the middle-class intelligentsia
was rising and they were attracted by primarily two vocations, teaching and law.
Shambhu Nath Pandit, one of the first distinguished Indian lawyers of the high court,
was appointed junior government pleader in 1853 and in 1861, rose to the ranks of
senior government pleader, later being appointed as the first Indian judge of the High
Court of Calcutta on 2 February 1863 at the early age of 43.11 Another brilliant legal
scholar to grace the high court was Dwarka Nath Mitra, who had commenced his
practice in the sadar diwani adalat, later shifting to the appellate side of the high
court, to be elevated as a judge in 1867.
Gnanendramohan Tagore, Monmohun Ghose and Michael Madhusudan
Dutt were the first three Indians to be called to the bar in England in 1862,
1866 and 1867 respectively. Tagore did not practice in the High Court of Calcutta
and Ghose was the first practicing Indian barrister. Dutt’s right to practice was
delayed till 1867. Although the high court was primarily dominated by English
barristers in its initial years, Sir Rashbehari Ghosh was also a legendary figure
there, who fought many famous cases and was known not just for his brilliant
argumentative skills, but also his sharp wit and caustic remarks. He was the
seventh Tagore Law Professor in Calcutta University in 1876, and his work The
Law of Mortgage in India is considered a classic because of the comparative and
historical analysis provided by him. He helped in the drafting of the Civil
Procedure Code as well, and was often consulted by the viceroy, Lord
Curzon, for his opinion on legal matters.
Dutt, an outstanding poet and dramatist, was called to the bar at
Grey’s Inn in 1866, but faced strong resistance in getting permission to
practice because of his overly extravagant lifestyle. But later, on the
recommendations of several well-known citizens, such as Ishwar Chandra
Vidyasagar, Onukul Chandra Mukhopadhyay, Dwarka Nath Mitra (both
counsel at the time, later elevated as judges), Girish Chunder Bonnerjee
(father of W.C. Bannerjee) and Prince Golam Mohammad (son of Tipu
Sultan), the judges of the high court were compelled to grant him permission
to practice.12 Nevertheless, he had a short-lived practicing career, but was
involved in a few famous cases, the foremost being the case of Tagore v
Tagore. W.C. Bonnerjee, another stalwart of the high court, was sent to
England in 1864, where he joined Middle Temple on a scholarship from R.J.
Jijibhai of Bombay and was subsequently called to the bar on 11 June 1867.
On his return to Calcutta in 1868, he started his practice at the high court
and was the first Indian to act as a standing counsel, in which capacity he
Justice Shambhu Nath Pandit, the first
Indian judge of the High Court of Calcutta.
An early view of the High Court of Calcutta. After From Hooghly to Himalayas Source: High Court of Calcutta

movement and taken to Gaya, where he was detained and later transported to Alipore
Jail. No warrant had been produced at the time of arrest and no information had been
provided with respect to the reason behind his detention.14 An application for habeas
corpus was made before Justice Norman by the lawyers of the defendant—Thomas
Anstey, a legendary barrister well-known for his strong principles, and Thomas Dunbar
Ingram, a highly acclaimed teacher of Hindu and Mahomedan Law at the Presidency
College.15 Khan was detained under the Regulation III of 1818, which was one of
the early legislations in India providing for extraordinary powers for the executive.
Anstey had broken down the legal basis for this regulation, which he considered to be
a legislation that authorised acts that are ultra vires and repugnant to the fundamental
principles upon which the law of the realm functioned. He further addressed through
this trial, the larger picture with respect to equal protection of law awarded to all
subjects of the Crown and stated that every native has the rights of an Englishmen,
regardless of how much the government “fancies its own authority to be indefinite”.16
He likened the viceroy to be at a level below the “greater despot—the grim king death”,
and stated that the regulation would put in the hands of the executive an immense
amount of power to act as it suits their “supreme and irresponsible pleasure”.17
In a landmark decision, Justice Norman rejected these arguments and
distinguished between the political acts of the governor general in respect of foreign
states in war and the governor general’s peacetime acts during which a subject
complains of a wrong done by the former.18 He stated that the granting of special
powers to the governor general may be necessary to combat external aggression and
internal commotion. The detention of Khan therefore was sustained—in effect,
granting extra-legal powers to the executive to exercise whenever it thought best. There
is a tragic sequel to this litigation. Justice Norman was assassinated on 21 September
1871 on the steps of Town Hall, where the court was holding session, as the present
building was under construction.19 He is possibly the only high court
judge in India to be assassinated in office.
These years also saw the rise of the print media as a vehicle
Old Court House Street, officiated four times—1882, 1884, 1886 and 1887. He was also offered a seat on the for expressing the constitutional aspirations of Indians. Some of
Calcutta, circa 1890. bench three times, but refused each time.13 the conflict spilt over into the judicial domain. Reverend James
Source: Centre for South Although the 1857 Uprising did not make any significant impact on the Long, an Anglican priest of Anglo-Irish origin, had published the
Asian Studies, Cambridge people of Calcutta or for that matter, the rest of Bengal; however, early footsteps of English version of a Bengali play, Nil-Darpan, based on the real-life
University nationalism were being heard. These were reflected in the nationalist press as well oppression of peasants by indigo planters. The original playwright was
as several protest movements cutting across the region within the jurisdiction of Dinabandhu Mitra. The name of the author in the English rendition
the High Court of Calcutta. Many of these movements gave rise to litigations, at was suppressed, the authorship being attributed to “a native”.20 The
times generating important legal issues, which resulted in debate on a massive scale. play was printed by C.H. Manuel, a Calcutta-based printer, and had
From 1850 onwards, many parts of India saw the rise of Wahabism—a revivalist Nil-Darpan, the controversial English translation of a Bengali play about the
Islamic politico-religious movement. Ameer Khan, a Calcutta based hide merchant, oppression of Indian peasants by British indigo planters, lead to a case against
was arrested from his house in the city for his alleged association with the Wahabi the publisher, Reverend James Long, who was careful to shield the actual
translator, Michael Madhusudan Dutt

been published in 1861. Some indigo planters sued Manuel for criminal defamation as Ameer Ali, a practicing barrister, was elevated to the bench in 1890 and became the
a response to the play. Reverend Long thereafter volunteered to take responsibility for first Indian to sit as a member of the judicial committee of the Privy Council. He
the publication and on his request, Manuel disclosed his name. Proceedings started had written several influential books on Islam and Islamic jurisprudence. The other
against Reverend Long from 24 July 1861 in the bench presided over by Sir Barnes outstanding Indian judges during the early period of the high court were Dwarka
Peacock, the Chief Justice of Calcutta.21 Lawyers for Reverend Long had earlier Nath Mitter (1867–1874), Romesh Chandra Mitter (1874–1890), Sir Chunder
ensured that he was not tried before Sir Mordant Lawson Wells, before whose bench Madhav Ghosh (1885–1907), Sir Gooroodas Banerji (1888–1904) and Sir Ashutosh
the trial was to commence. Reverend Long was imprisoned for one month and a Mukherjee (1904–1924).
fine of Rs 1,000 was imposed upon him after the court found him guilty.22 He was Among the judges of Indian origin, Mukherjee is best known. He laid down
cautious in not disclosing the name of Michael Madhusudan Dutt, who had actually a series of path breaking judgments advancing Indian jurisprudence. He also
translated the play and who was to begin his practice after being called to the bar after officiated as the Vice Chancellor of Calcutta University as Banerji did before him. He
six years in the High Court of Calcutta in 1867. introduced American concepts into Indian jurisprudence to lend perspective to the
The Calcutta bar, contemplated by the British ruling establishment to be an common law principles already prevalent and thereby reconciled individual liberty
associate in the process of colonisation from the 1880s, became an unintended breeding with demands for the administration of justice. In the field of Hindu law, one of his
ground for nationalists. Many members of the Calcutta bar such as W.C. Bonnerjee, important contribution lies in developing the right of an illegitimate child of a Hindu
Ananda Mohan Bose, Lal Mohan Ghosh, Rashbehari Ghosh, Bhupendra Nath Bose, to a share in the inheritance under the Dayabhaga School.25 A large body of the
Satyendra Prasanna Sinha and Chittaranjan Das—became presidents of the Indian Dharmashastras and other such commentaries were used in this judgment and is an
National Congress. Many of them became outstanding judges and legal scholars. John indirect recognition of the rights of a “love child”, though the judgment was delivered
Woodroffe, whose father James T. Woodroffe was an Advocate-General of Bengal, in a different context.
had commenced his practice in the high court in 1890 and was appointed as a puisne The early part of the 20th century saw a spurt in revolutionary activities in
judge in 1904. Apart from authoring different legal works, he had developed a keen Bengal and ripples of these movements were strongly felt within the court premises in
interest in Sanskrit and had taken mantra diksha (received ordination) from a highly many ways. Several members of the Calcutta bar were drawn to the nationalist cause
regarded authority on the Tantra and Shakti cults, Pundit Sibchandra Vidyarnava.23 from the early days of the high court. P. Mitter, popularly known as Pramatha Babu,
Woodroffe used to wear saffron clothes and rudraksha beads at home as well.24 Syed was deeply involved with the Anusilan Samity, a radical political group. Chittaranjan
Das was also considered to be on the extremist side of the Congress. Lord Curzon’s
The high court in 1891 had acquitted a 35-year-old man from the charge of murder, who had caused proposal to partition Bengal in 1905 generated widespread resentment among the
the death of his wife, an 11-year-old girl, Phoolmani.26 The husband was charged with culpable homicide public, especially the youth, and revolutionary activities could be noticed in different
not amounting to murder and causing grievous hurt to the girl. The death of the victim was due to injuries parts of the state. There were a series of trials in connection with allegations of
caused from sexual intercourse with the husband. This was established by evidence. The presiding judge, conspiracy in different parts of Bengal, the foremost among them being the Alipore
Arthur Wilson, in his address to the jury on the ground of the allegation of rape summed up: “in the case Bomb case.31 This landmark case is discussed in detail in the ninth chapter on famous
of married females as you probably know, the law of rape does not apply as between husband and wife after trials. Another important case tried by the high court involved the revolutionaries
the age of 10 years.”27 The accused husband was cleared of all the charges except that of causing grievous Jatindra Nath Mukherjee (popularly known as Bagha Jatin), Taranath Chowdhury
hurt and sentenced to one year of rigorous imprisonment. This case is meant to have been the main cause (manager of the magazine Yugantar) and Narendra Nath Bhattacharjee (who later
for legislation of the Age of Consent Act, 1891, raising the minimum age of marriage for a girl to 12. became famous as M.N. Roy) among the accused. This case, which started on 4
There was controversy in the Calcutta society on this legislation and newspapers like Amrita Bazar Patrika March 1910, was known as the Howrah Gang case, an alleged conspiracy to overthrow
opposed such law as being an interference with religious affairs of the Hindu community.28 The Indian the British government.32 The high court heard the trial as a special tribunal under
Mirror, however, supported the legislation.29 Another newspaper, Bangabasi, also opposed this reformist the Criminal Law Amendment Act (Act XIV of 1908) and altogether 46 persons of
measure and its editor, Jogendra Chandra Bose, was charged with sedition under section 124A of the Indian the Anusilan Samity were tried. A three-judge bench of the court comprising Chief
Penal Code.30 This was possibly the first case of sedition in India against the editor of a newspaper. The Justice Lawrence Jenkins, Justice Brett and Justice Digamber Chatterjee heard the
enactment of this law, however, had divided the public opinion with many nationalists seeing this venture case, in which the charge of the prosecution was mainly founded on the statement
as interference. of two approvers. The prosecution was severely criticised along with Shamsul Alam,

the inspector before whom these two approvers were meant to have made confessions because the judgment went against the interest of the colonial rulers, no law journal
implicating the other accused persons. Most of the accused were acquitted. Alam was published this decision in full. In 1962, the Supreme Court of India, while expanding
shot dead on 24 September 1910 within the court premises. this concept, expressed surprise that this judgment was not reported in any Calcutta
The period of consolidation of the empire started after 1857 and there based legal journal, although it was of “far reaching importance and has always been
were rapid developments in commercial activities. English legal principles were cited as a leading case on the subject”.35 There was a report on the judgment in the
being applied by the high court directly through its original jurisdiction and the newspaper Englishman, which was republished in Appendix A to the Bombay High
principles of equity, justice and good conscience were exercised in the appellate Court Reports, vol. v, 1868–1869. Apart from Peacock and earlier judges such as
jurisdiction. On many occasions, the local customs or usages came into conflict John Hyde and Sir William Jones, other English judges who are still remembered for
with these principles of English law and therefore, the need arose for reconciliation their independent mind and legal acumen include Sir Richard Couch, Sir Richard
of these conflicts in the legal sphere. Sir Barnes Peacock was again the architect in Garth, Sir Lawrence Jenkins and Sir George Claus Rankin. There have been other
developing the Indian Common Law, and two cases decided in the last phase of the trials as well, involving not so much of public interest, but generating it in a very
Supreme Court stand out as shining examples of his creative judicial ventures which large dose. The case of Bhowal Sanyasi involving the question of establishing one’s
have stood the test of time. identity is perhaps the best example and is covered in the ninth chapter
In the case of Thakoor Chandra Paramanick, Peacock declined to apply the on famous trials.36
English principles under which improvements made on the land by a trespasser
became the property of the landowner.33 He held that as per usages and customs Madras
of India, buildings and other improvements made on the land do not become the On 15 August 1862, the High Court of Madras was inaugurated.
landlord’s property. A person making bona fide construction on the land has to be The new high court was formally opened on Friday, 15 August 1862.
given a chance to remove the materials from the land. This decision lays down the The newly appointed chief justice and puisne judges were present on the
fundamentals of the principle that a trespasser has to be given notice before eviction. occasion. The judges walked into the courtroom about half an hour after
In 1961, a constitution bench of the Supreme Court confirmed this principle in the noon and took their seats on the bench. At the time of its inception, the
case of Bishan Das.34 high court had a chief justice and five puisne judges. The judges appointed
The other case in which there was a deviation from the common law principles, to the high court earlier held positions in the Supreme Court and the
involved Peninsular and Oriental Steam Navigation, in which the state’s privilege company courts.37
in claiming sovereign immunity was whittled down in actions of tort—possibly Sir Colley Scotland had been the last Chief Justice of the Supreme
Court. Sir A. Bittleson had been a puisne judge of the Supreme Court of
Madras from 1858. The other four judges, T. L. Strange, W. A. Morehead,
But it was not the law alone with which the legal community was concerned.
H. Frere and H.D. Phillips were all Indian civil servants. Strange and
They had to concern themselves in other frivolous issues as well, such as what
Frere had been judges of the sadar adalat and faujdari adalat. Morehead
they should wear in court. There was some form of “apartheid” between English
Statue of Sir T. Muthuswamy Iyer, had been the chief judge of the court of sadar and faujdari adalats and Phillips had
barristers and Indian vakils and at the initial stage, only English barristers had
the first Indian judge at the High acted as puisne judge of the court of sadar and faujdari adalats. The rich traditions
the right of audience before the Supreme Court. They donned the black lawyers’
Court of Madras. and customs of the High Court of Madras were inherited from the Supreme Court
robes, which is the uniform practice today among lawyers in India. The question
Photo: S. Ravindra Bhat of Madras. The Supreme Court functioned in a building called Bentick’s Building
of reform became a subject of controversy in 1906, when the vakils association
situated opposite the Beach Railway Station from 1817 to 1862 and it is in this
adopted a resolution in the month of July suggesting a distinctive costume like
building the high court was established in 1862.38
university gowns. It was approved by the Chief Justice and other judges of the
By letters patent of 26 June 1862 granted by Queen Victoria, the High Court
court, but there was no sanction for using the colour black for the vakils. That
of Judicature of Madras was established as a court of record abolishing the Supreme
was the exclusive colour for barristers’ gowns. The colour suggested was blue and
Court of Madras. Scotland was its first Chief Justice. Among his innumerable
this practice went on for quite some time, till black became the universal color
contributions to the development of the high court must be noted the fact that he
for lawyers’ robes.
enrolled as the first vakil to practise before the high court soon after it was established.

The vakil so enrolled was Raja T. Rama Rao, in a move that earned the collective ire
of the practising barristers at the high court, but Scotland could not care less.39
The present high court building, an exquisite example of Indo-Saracenic
style of architecture was designed by J.W. Brassington and excellently executed
by the renowned architect Henry Irwin and J.H. Stephens. The construction that
commenced in October 1888 was completed in less than four years at a cost of Rs 12
lakhs and the building was declared open on 12 July 1892. Subsequently, in the First
World War, the high court building was attacked during the shelling of Madras by
the German ship Emden, however, with no damage to its magnificent structure. With
the imperious red brickwork, gigantic granite stone components, stunning domes of
bulbous designs, traditional chajjas with brackets, beautiful arches, fabulous stone
balconies, splendid minarets, intricate terminal decorations and multicoloured plaster
works, the building that houses the high court is indeed a marvellous structure.40
From the early days, the High Court of Madras was credited with an enviable
reputation for the quality of its bench and bar. For the first time in the Madras
Presidency, an Indian was appointed as a judge of the high court as early as in 1877.
That was Justice Sir T. Muthusamy Iyer, who rose to the position of a judge of the
high court from the humble post of munsif, even functioning as acting Chief Justice
in 1893. Furthermore, the British government appointed Sir V. Bhashyam Aiyangar,
a distinguished vakil of the high court, as the (first Indian) acting advocate general
(February 1897 to March 1898 and September 1899 to March 1900). In 1901, he was
elevated as judge of this court. He drafted the Madras General Clauses Act in 1891
and the same was adopted as the General Clauses Act in 1897. The rich body of case
laws that developed under this statute guides interpretation of statutes till this date.
The role of advocates of the High Court of Madras in the freedom movement
A panoramic photo of the Madras High Court also deserves special mention. It is interesting to note that of the 72 delegates who
by Lala Deen Dayal, 1899. Source: High participated in the first session of the Indian National Congress, 22 were from
Court of Madras the Madras Presidency, with a sizeable chunk of that 22 being from the Madras
bar. In fact, the early years of the freedom movement drew strong support from
the Madras bar. The support to the movement from stalwarts like Eardley Norton,
Salem Ramaswami Mudaliar, Justice S. Subramania Iyer, Rangaiah Naidu, S.
Satyamurthy, C. Rajagolachariar, T. Prakasam, P.S. Sivaswami Iyer, Sir C. Sankaran
Nair, M. Bhakthavatslam, R. Venkatraman gave much credibility and strength to
the movement. Many of them went on to hold very high constitutional and political
The opening of the law courts at positions after the country attained Independence.41
Madras by the Governor of Madras, The records of the High Court of Madras are replete with many interesting
Baron Wenlock, photographed with the cases. The foremost is the sedition case against the famous freedom fighter
Chief Justice, Sir Arthur Collins, and V.O. Chidambaram Pillai, who founded the Indian-owned steam navigation
judges including Muthuswamy Iyer. company—on appeal against the trial court verdict imposing transportation for life,
Source: High Court of Madras the high court reduced the punishment to four years imprisonment and six years

transportation.42 There is also the Ashe Murder case relating to 14 freedom fighters
who supported the famous patriot Vanchinathan,43 the Child Custody case involving
adoption of philosopher J. Krishnamurthi by Annie Besant,44 and the Gandhi Cap
case involving validity of orders prohibiting people from wearing Gandhi caps45. In
this last case, prohibitory orders were issued by the district magistrate of Guntur,
prohibiting the public from wearing Gandhi caps within the limits of the Guntur
municipality. At the high court, Justice Pandalai set aside this order, reasoning that
mere sympathy with Gandhi’s views could not automatically be implied to mean
support for the Civil Disobedience Movement. Indeed, this seems to be an early,
pre-constitutional application of the doctrine that merely associating with a group, a
person or an idea does not imply active support for law-breaking.
And in the years immediately before Independence, there was the Lakshmikantan
Murder case, in which two leading stars of the Tamil cinema industry, that is,
Thyagaraja Baghavathar and N. S. Krishnan, were charged with complicity in the
murder of Lakshmikantan (who ran a yellow journal and kept publishing damaging
articles against the two superstars).46 This created unparalleled sensation in the
presidency during the mid-40s. Although ultimately Baghavathar and Krishnan were
acquitted, the case was not without its twist and turns and is still ranked as one of the
most sensational cases that the Madras Presidency had ever witnessed.
An old view of the High assembled for the last time on 29 March 1849, when Lord Dalhousie’s proclamation
Lahore Court of Lahore, circa 1880 was read out, to which Maharaja Duleep Singh was made to affix his initials. The
Punjab was consolidated under the Sikh Empire of Maharaja Ranjit Singh, territory of Punjab was transferred to the East India Company.
who, besides taking other steps, reorganised the administration of justice in the The Punjab Courts Act (Act No 19 of 1865) was enacted providing seven classes
area under his domain. The Shariat governed those professing the Muslim faith and of courts to exercise civil jurisdiction starting from the tehsildar up to the court of
separate courts were set up to administer it. Nazamdin was appointed chief qazi with judicial commissioner, but it remained in force for a short span. In the following year
Mohammad Shah Puri and Saidullah Chishti as two muftis. Hindus and Sikhs, in 1866, the Punjab Chief Courts Act IV of 1866 received the assent of the Governor
on the other hand, were governed by their personal customary laws applicable to General on 16 February 1866. It constituted the Chief Court of Punjab as the ultimate
their communities in their local areas. Separate courts presided by judicial officers court of appeal of civil and criminal courts in the province and replaced the court of
Justice Ram Narain Dar appointed by the durbar were set up for them. During Ranjit Singh’s time, there were judicial commissioner. Senior judges of the Chief Court of Punjab between 1866 and
(1849–1886), the first Indian no definite system of courts of justice; however, there was a judicial officer, known as 1880 were Justices A.A. Roberts (1866–1867), Charles Boulnois (1867–1877) and
judge of the Chief Court of the adalati, in Lahore and a central court known as adalat-i-ala was also established Charles Richard Lindsay (1877–1880). During this period, Justice Ram Narain Dar
Punjab. Source: High Court of in the capital. The local authorities settled minor disputes, but others were resolved (1849–1886) was appointed as the first Indian judge of the chief court. In 1877, by
Punjab and Haryana largely by private arbitration. This was practiced through a network of committees or the Punjab Court Act XVII of 1877, the Punjab Courts Act of 1865 was repealed. The
panchayats. This was till the death of Ranjit Singh, which threw Punjab into disorder new act brought about some changes in the civil courts.
and chaos. In 1919, the Chief Court of Punjab was elevated to the status of High Court.
On 16 December 1847, an assembly of the Sikh misldars (chieftans) met with Under the letters patent granted by the British Crown on 21 March 1919, under
the British resident. They signed a convention appointing a council of regents under the powers conferred by section 113 of the Government of India Act, 1915, a high court
British resident who became the repository of authority in the territories of Maharaja was established in Lahore for the provinces of Punjab and Delhi, to be called the
Ranjit Singh. Soon there was a revolt against the British residency. However, with High Court of Judicature of Lahore. On 1 April 1919, the Lahore High Court was
the fall of Multan and the Battle of Gujarat, the position changed. The Sikh nobles inaugurated. The judges thereof were appointed directly by the king emperor. The

parts of present-day Madhya Pradesh came under British rule, where the laws of
British India were applicable. The first chief commissioner provinces, Sir Richard
Temple, was appointed in April 1862 while the judicial administration was entrusted
to a judicial commissioner, Lieutenant Colonel J.L. Spence. It is recorded that while
on tour, Spence used to hold court in a tent. Thus, the judicial system as propounded
by the British started from 1862. Thereafter, British laws like the Indian Penal Code
became applicable to this area.
In 1865, the Central Provinces Court Act came to be passed, as a result of
which the court of the judicial commissioner became the apex institution for central
India. A drastic reorganisation of the whole judicial system also became necessary, as
litigation had started increasing rapidly. This continued up to 1896 when an additional
judicial commissioner was appointed. In 1903, the five districts of Berar, namely,
The courtroom at the High
Sir Gilbert Stone, the first Chief Amravati, Yavatmal, Akola, Buldhana and Washim were merged with the Central
Court of Lahore, where Bhagat
Justice of the High Court of Provinces. Thus from then, this region started being recognised as Central Provinces
Singh’s trial took place in 1930.
Central Provinces and Berar in and Berar. A complete separation of the executive from the judiciary was undertaken
Source: Lahore High Court
Nagpur, 1936. Source: High in 1904. The divisional judges were given full sessions powers and limited appellate
court was for the first time constituted as a court of record with powers to punish Court of Madhya Pradesh powers. The final amalgamation of judicial administration of the five districts of Berar
persons guilty of its contempt, a power which the previous chief court did not possess. with Central Provinces took place in 1905.
The permanent strength of the high court was limited to seven judges—one chief Sir Bepin Krishna Bose was the first Indian to be offered the post of additional
justice and six puisne judges. On the establishment of the Lahore High Court, the judicial commissioner and took charge on 1 June 1909. Till his appointment,
Chief Court of Punjab, which was functioning for the last 53 years, was abolished. personnel from the Indian Civil Service used to be appointed. As the work constantly
The High Court of Lahore by virtue of letters patent and sections 106 and 113 increased, the permanent strength of the court also increased and consisted of a judicial
of the Government of India Act was vested with all the appellate and superintending commissioner and four additional judicial commissioner’s by 1913. A very important
powers, authority and jurisdiction of the chief court. The High Court of Lahore, by role was played by two journals, All India Reporter and Nagpur Law Journal, which
its letters patent, was also vested with original jurisdiction in certain special matters as reported the judgments from the court of the judicial commissioner. These journals
were possessed by the chief court. It was constituted as the highest appellate authority commenced from 1914 and 1918 respectively. In 1921, the provinces were raised to
in civil and criminal cases. the status of a governor’s province. The judicial commissioner court continued till
2 January 1936 when by a notification in the Gazette of India on 8 January 1936,
Nagpur the High Court of Judicature of Nagpur was established under section 113 of the
Nagpur has always had a unique place in central India. It was the capital of Government of India Act, 1919, on 9 January 1936 by Sir Hyde Clarendon Gowan.
various dynasties and was also at the crossroads of India. The city of Nagpur was Thus, the high court started exercising jurisdiction over the Central Provinces and
established by the Gond kings in 1702. Three decades later, due to dynastic struggles, Berar. Sir Gilbert Stone, who was earlier a judge of the High Court of Madras, became
Nagpur came under the control of the Bhosla dynasty. Over the next century, the the first Chief Justice while M. Bhawani Shankar Niyogi and Vivian Bose became the
dominion of the Bhoslas expanded, and Nagpur was developed extensively. Ultimately, first two Indian judges and later on chief justices. Justice Bose was none other but the
however, in the early part of the 19th century, factional warfare reared its head again grandson of the first Indian additional judicial commissioner, Sir Krishna Bose. These
and one of the contestants, Appasaheb, entered into a treaty with the British, the Letters patent of the High Court
appointments were followed by the appointment of Justice M. Hidayatullah, who
terms of which allowed the British to maintain their own army. After acquiring a of Central Provinces and Berar
later on adorned the office of the Chief Justice of Nagpur. It was during his tenure
foothold in Nagpur and informally ruling it from 1818, the British formally annexed in Nagpur, dated 2 January
that the high court became the High Court of Madhya Pradesh in 1956.
it through the Doctrine of Lapse in 1854. 1935. Source: High Court of
It is worth remembering that the high court did not come into being without
During the great reorganisation of the judicial system in 1861, the Central Madhya Pradesh
some campaigning for it. The Nagpur Bar Association (Judicial Commissioner Section)
Provinces consisting of Nagpur, Bhandara, Wardha, Chandrapur, Gadchiroli and was constantly attempting to get a full-fledged high court in place of the judicial
14 4 chapter IV the foundation s of modern l aw 14 5

commissioner’s court. The first resolution for demanding the establishment of a high
court was passed by this association on 25 July 1925 to be followed by the second
resolution on 30 August 1928. These efforts bore fruit and alongside the establishment
of the high court, on 9 January 1936, the Nagpur Bar Association transformed itself into
the High Court Bar Association formally and a stalwart in the legal field, Sir Hari Singh
Gour, became its first president. Besides Gour, the High Court of Nagpur produced
several outstanding lawyers includings Moropant Joshi, P.S. Kotwal, M.B. Kinkhede,
T.J. Kedar, D.T. Mangalmurti, M.R. Bobde, R.M. Padhya and Walter Dutt.
Patna
In 1862, when the High Court of Calcutta was established, a small cause
court was also set up in Cuttack. Subsequently, in 1872, when the Code of Criminal
Procedure was being revised, it was also decided to introduce judicial benches for
administering criminal justice. In 1873, they were established in Cuttack and Puri
and then in Balasore.
In or about the last quarter of the 19th century, there emerged a class of
educated persons in Orissa. This new intelligentsia gradually became vocal in favour
of the amalgamation of all Oriya-speaking areas, which lay scattered under the
Above: “A poem in stone”: An exterior and interior view of the magnificent edifice built in 1937–1940 to house the High Court of Nagpur, presently containing
presidencies of Bengal, Madras and the Central Provinces. The first such proposal for
the Nagpur bench. Photos: Vinay Thakur
the unification of Oriya-speaking areas was made in 1875 by Raja Baikuntha Nath
De of Balasore and Bichitrananda Patnaik of Cuttack.
A POEM IN STONE With the subsequent establishment of the Utkal Sabha in 1882, the Oriya
N o account of the Nagpur High Court is complete unless

the history of the building is mentioned. This building was
proposed by E. Raghavendra Rao who was the home member.
intelligentsia got a forum to raise various demands in an organised manner. In 1903,
under the leadership of the Raja of Khalikote, Ganjam Jatiya Samiti was founded.
This ultimately led to the formation of the historical Utkal Sammilani under the
The foundation stone was laid by Sir Hyde Gowan, the able leadership of Utkal Gouraba Madhusudan Das. Both Utkal Sabha and Utkal
Governor of Central Provinces and Berar on 9 January 1937, Sammilani strongly demanded amalgamation of all Oriya-speaking areas with
which was also the first anniversary of the opening of the high and Orissa division to be administered as a single administrative unit by a chief
court. The building was designed by H.A.N. Medd who was commissioner like Assam. However, there was still no demand for a separate province
a resident architect from December 1935 till June 1939. The of Orissa. In the Risley Circular of 1903, it was proposed to unite all the Oriya-
original estimated cost of the building was Rs 10,27,000. This speaking people, both in the hills and plains, under the Bengal administration.
architectural marvel was erected only by spending an amount At the commencement of the 20th century, the Bengal Presidency was a
of Rs 7,37,749. The building was declared open on 6 January vast province including Assam, Bihar and Orissa. Finding it difficult to manage
1940 and was described by Chief Justice Sir Gilbert Stone as “a administratively such large areas, administrative exigencies required the separation
poem in stone”. The high court sat in the new building for the of such areas that originally did not form part of Bengal. In 1905, Lord Curzon,
first time on 27 January 1940. The British government decided however, partitioned Bengal into two parts leading to the formation of a new province
to stop construction of the single majestic dome of the building with Assam and Eastern Bengal. Bihar and Orissa were retained with the remaining
as an economic measure in light of the Second World War. parts of the Bengal province. The partition of Bengal triggered a nationwide protest.
Eight domes remained to be constructed. These eight domes Ultimately, in 1911, the two parts of Bengal were again united. Bihar and Orissa were
were completed in 2014 as originally intended by the architect. separated from the Bengal Presidency to form a new province of Bihar and Orissa
Thus, this became the only building in the country whose by a notification dated 22 March 1912. Four years later, on 9 February 1916, King
construction was commenced and mainly done by the British, George V established the High Court of Judicature of Patna by letters patent. On 1
but finished by Indians. Lastly, although the High Court of
Nagpur existed only for 20 years, it has left its indelible stamp
on the judicial history of India.

April 1936, Orissa was made a separate province. The circuit court commenced its JUDICIAL SYSTEMS in THE PRINCELY STATES
first sitting on 21 September 1936.
The High Court of Patna was established on 6 September 1940. On 11 June Hyderabad
1945, the high court was constituted as a common high court, and its territorial The princely state of Hyderabad was strongly influenced by the British. Asaf
jurisdiction was extended to Athagarh, Athmallik, Bomra, Bastar, Boudh, Daspalla, Jah Bahadur, the Nizam of Hyderabad, entered into the Treaty of Alliance with the
Dhenkanal, Kalahandi, Kanker, Kendujhar, Khandapada, Narsinghpur, Nayagarh, East India Company on 12 October 1800, whereby British rule gradually extended to
Nilagiri, Pallahara, Rayagarh, Redhakhol, Sareikela, Sonepur, Sarguja and Talchar Hyderabad. Administration was indirectly controlled by the British resident posted at
princely states. This high court was known as the High Court of Patna State, the nizam’s court. Eventually, even the diwan (minister) who controlled the treasury
consisting of one chief judge and two puisne judges. It was functioning at the present came to be appointed on the choice of the British. During the 19th century, institutions
collectorate, Balangir (old kacheri), and the High Court of Patna was abolished on 1 in Hyderabad were by and large governed by the administrative practices adopted by
January 1948 on the merger of states in the province of Orissa. the British.
During the colonial period, the High Court of Patna decided some important A regular and efficient judicial system was introduced in Hyderabad by Sir
cases, especially those pertaining to the Independence movement. Perhaps the most Salar Jung, the prime minister of the state (1853–1883). Before that, the chief judicial
famous is Khudiram Bose v Emperor,47 where the revolutionary Khudiram Bose was tried power in civil matters vested in the subhedar while the kotwal was the head of criminal
for hurling a bomb at the carriage of an English judge, Kingsford. Bose was sentenced justice administration. In the districts, administration of justice in civil and criminal
to death by the sessions judge at Muzaffarpur, and his sentence was confirmed by the cases relating to Muslims was left to the mir adls or darul-qaza courts, who were
The introduction of a regular and
Supreme Court. Another case was that of Bainkunth Sukul, who was tried for the assisted by qazis. Cases involving Hindus were usually decided by Govindrao courts;
efficient judicial system in the princely
murder of Phanindra Nath Ghosh. While attacking Ghosh, he also caused the death for Christians, there were adalat beroon bolds; and for Arabs, makums qaza-wte-arab.
state of Hyderabad is attributed to Sir
of Ganesh Prasad Gupta, who had made an attempt to save Ghosh. The motive for the A separate court was established for Europeans in the residency in 1864.
Salar Jung, the prime minister from
murder was probably that Ghosh had traded the secrets of the revolutionaries. Sukul was Apart from introducing regular courts of justice at Hyderabad, Jung also
1853 to 1883
tried under section 302 of the Indian Penal Code by the sessions judge of Muzaffarpur introduced a legal department for framing laws, but he did not demarcate the three
and was given the death sentence. The sentence was confirmed by a division bench of wings of governance—the executive, the legislature and the judiciary. It was Salar Jung
Patna High Court.48 II, his successor and the next prime minister, who tried to determine the boundaries of
Another interesting case is that of Hakin Khalil Ahmed v Malik Israfil,49 popularly the three wings.
known as the Kadiani case. The Kadianis were a new sect of Sunnis. They differed from The language of the high court was Persian till the end of 1883. In January
the orthodox Sunnis on several points. Perhaps the most major point of dispute was 1884, Urdu replaced Persian. A circular was issued prohibiting the use of the English
that they did not regard Prophet Mohammed as the last of the prophets. Within Islam language. The judges of the high court were appointed by a firman or hukum (royal
therefore, they were regarded kafirs (infidels). The question in the case was whether they order) of the nizam upon the recommendation of the government. They were paid
could pray in a Hanafi Mosque under their own imams. The appeal was concluded, Rs 2,000 hali (Osmania) sicca, till the pay commission revised it to Rs 2,500 hali
and the high court held that they (Osmania) sicca. In terms of the exchange rate, Rs 116, 10 annas, 8 paise hali
may use the mosque to pray with the (Osmania) sicca equalled Rs 100 British government sicca. The age of retirement
Hanafi Sunni congregation, but that of judges was 55 years, but the nizam could grant them extension of service. All the
they could not have a congregation of members of the judiciary, including the judges of the high court, were governed by the
their own with a Kadiani imam. One Hyderabad Civil Service Rules. During the 19th century, several laws and statutes, on
remarkable feature of this case is that the lines of those in British India, came to be enacted in Hyderabad also. In 1893, the
Mohammad Zafrullah Khan, who dastru-al-amal was promulgated regulating the procedure of the high court.
was a barrister at the Lahore High The high court was initially situated at Pathergatti. Due to the flooding of the
Court, traveled all the way to Patna Musi river in 1909, the high court was shifted to the devdi (residential building) of
to appear in this case. Nawab Sir Asman Jah in Lal Bagh. Then again, in 1912, when a cholera epidemic hit
Hyderabad city, the high court was shifted from the devdi of the nawab to the Address
Opening of the Patna High Hall in the Public Gardens. After about four months, the high court was relocated
Court, 1 March 1916.
Source: High Court of Patna

at Lakkad Kote, the house of Nawab Salar Jung Bahadur, situated in Chatta Bazaar.
However, as it was found unsuitable, the house of Nawab Sartaj Jung at Saifabad was
obtained on rent and the high court was shifted to this building in 1914. It was at this
time that construction of the present high court building was taken up.
The plan of the building was drawn up by Shankar Lal of Jaipur, an eminent
engineer and architect of those times, and the design was executed by a local engineer,
Mehar Ali Fazal. The contribution of Vincent J. Esch, a celebrated British architect
and engineer, needs mention and this building, constructed as per his suggestions and
inputs, is considered to be one of his most striking works. The construction of the
building commenced on 15 April 1915 and completed on 31 March 1919. The new high
court building, in a sprawling extent of over nine acres, was inaugurated by Mir Osman
Ali Khan, the seventh Nizam of Hyderabad, on 20 April 1919. A model of the building,
engrafted on a thick sheet of silver weighing 300 kg, was presented by the high court
to the nizam and is now on display at the Purani Haveli Museum in Hyderabad. An
interesting but little known fact is that this building stands on the ruins of the Qutb
Shahi palaces, Hina Mahal and Nadi Mahal. At the time of this inauguration, the high
court had only six judges, and provided accommodation for offices, record rooms and
an inspiring advocates’ hall in addition to majestic court halls.
The dastru-al-amal remained in force with minor modifications till 1926 when
a royal charter was conferred by the nizam on the High Court, which was to be the
final court of justice.50 This charter was superseded by the High Court Act, 1928,
which dealt with the nature of cases to be heard by the high court, the mode of
constituting benches, etc. A judicial committee was constituted to hear appeals from
the high court, akin to the Privy Council. Almost all the laws administered in British
Above left: Decree of the Masulipatnam Zilla Auxiliary India were adopted by the Legislative Council of Hyderabad at that point of time.
Court pertaining to a suit related to the worship of a local At that time, a death sentence was imposed only when the heirs of the victim
goddess. Source: High Court of Andhra Pradesh demanded it, as required under Muslim law. Further, conviction in a murder case
Above right: Decree for the recovery of three villages bearing required at least two eyewitnesses. Significantly, when a death sentence or life
the seal of the Provincial Court, Northern Division, imprisonment was imposed by the high court, it was not final. Sections 307 and 308
Hyderabad, 1838. Source: High Court of Andhra Pradesh of the Hyderabad Criminal Procedure Code provided that where the high court either
confirmed or imposed such sentences, the file had to be sent to the government within
a week. In the case of a death sentence, the approval of the nizam was mandatory and,
in the case of life imprisonment, approval of the nizam’s government was required.
It was only then that such a decision could attain finality and be implemented. The
This is an arzdasth (application) of the judicial nizam had the power to either confirm the death sentence or reduce it, altogether
committee, dated 12 November 1942, requesting the acquit the accused, or pass such other order as he thought fit. After such an order
nizam for deputing a high court judge as a member was passed by the nizam and was received by the registrar of the High Court, the
of the committee till permanent arrangements for seal of the High Court was affixed thereon in accordance with section 309 of the
full members of the committee could be made. The Hyderabad Criminal Procedure Code and it was then sent to the court of sessions for
nizam approved the opinion of the judicial committee. implementation.
Source: High Court of Andhra Pradesh

A clear separation of powers between the executive and the judiciary came Somewhere in 1943, the Simla hill states agreed to provide and constitute
about only due to the efforts of Chief Justice Mirza Yar Jung in 1921. Such separation jointly a superior court—court of chief judicial officer, analogous to that of a high
of powers acquired constitutional status after Independence, but it was achieved and court in British India, with the stipulation that he would hold his court in Rampur,
was already in practice in Hyderabad nearly 30 years before. Junga or Kasumpti, Solan, Nalagarh and Arki, and if circumstances so warranted,
also at other places falling within the respective jurisdictions of the hill states. He
Himachal Pradesh used to be appointed jointly by the rulers or by the executive committee authorised
The state of Himachal Pradesh at present consists of 12 revenue districts— by them. Although his court was the highest court of the hill states, his orders were
Bilaspur, Chamba, Hamirpur, Kangra, Kinnaur, Kullu, Lahaul and Spiti, appealable and revisable before the judicial committee established jointly by the Simla
Mandi, Shimla, Sirmaur, Solan and Una. However, prior to Independence, it hill states. Gradually, legal practitioners were authorised to appear.
used to consist of a number of princely states, referred to here as the “old areas”,
as well as areas directly administered by the British, referred to as the “merged Merged Areas
Seal, Sirmaur
areas”. The judicial administration was slightly different in these two distinct areas The pre-independence political and legal history of the areas, presently comprising
and is therefore discussed separately. Hamirpur, Kangra, Kullu, Lahaul-Spiti and Una districts, which merged with the state
of Himachal Pradesh later on, is equally curious. With the end of the First Sikh War
Old Areas in March 1846, these areas came under the occupation of British government and
The Gurkha invasion of the hill principalities, from 1804 to 1815, provided gradually under the control of the commissioner of Jalandhar division.
the opportunity for the East India Company to intervene in this area. Although the The present day Kullu district was part of district Kangra and constituted its
company eventually drove out the Gurkhas and also returned most of the conquered subdivision under the control of an assistant commissioner.60 Dalhousie was part of
territories to their original princely rulers, they retained a direct say in the day-to-day Pathankot tehsil of Gurdaspur district of Lahore division under the charge of an
administration of the hill states comprised of territories in these present districts— assistant commissioner having the powers of a munsif.61 The tehsildars, who normally
Shimla, Solan, Sirmaur, Kinnaur and Bilaspur. used to be Indian officers, exercised the powers of a civil judge in small cause with limited
The sanads of 1815 clearly required the rajas to promote the welfare of their pecuniary jurisdiction. Regular courts presided over by the deputy commissioners to
subjects.51 These proclamations can be taken to be the founding stone of the present- transact civil work were also established. The financial commissioner was invested
day hierarchical system of judicial administration. By appointing political agents, with the powers of judicial commissioner. Rules were prescribed regarding the extent
the British made further intrusions into the day-to-day functioning of the princes, to which English could be used in recording evidence.62 The criminal jurisdiction
although the principalities were constitutionally not part of the British regime.52 As vested with the magistrates and the sessions judges. The tracks of Lahaul and Spiti,
such, the law of British India was gradually extended and made applicable in almost though parts of Kullu tehsil, but were independently administered by the thakur of
all hill states with little modification wherever applicable. Although the raja of the Lahaul and nono of Spiti, in administrative as well as judicial matters. Although this
state remained the supreme judicial authority (his court was known as Adalat Aliya region had come under the direct control of the British government and could have
in Keonthal53 and the Ijlas-i-Khas in Nalagarh54 and Sirmaur,55 with powers to hear been administered based on English laws, but section 5 of the Punjab Laws Act, 1872,
appeals from the lower courts), his own authority was seriously restricted at least in the clearly intended that all questions pertaining to the specified matters, be decided as
matter of imposing punishments for heinous offences. The sentence of death passed per the custom, if it was not contrary to justice, equity and good conscience. Hindu
by the Raja of Chamba required confirmation by the commissioner in Lahore,56 of and Muslim laws were applicable only where no customary rule was prevalent.63 The
Judicial stamp paper, Dhami the Raja of Sirmaur by the commissioner in Delhi57 and of the chiefs of the Simla hill civil law was mainly based on the custom as incorporated in riwaj-i-aam, that is,
states by the superintendent of the Simla hill states.58 Similarly, Judicial stamp paper, Bhagat village administration paper.64
the sentence of death approved by Raja of Mandi required One interesting feature of the local custom,
confirmation by the commissioner in Jalandhar.59 Thus, in the for instance, was that in Kangra district, there was a
beginning of the 20th century, a well-defined judicial mechanism custom of widow remarriage and it had to be performed
with a hierarchical set-up of courts administering justice with set by undergoing “balu” or “jhanjrara” ceremonies.65 Balu
principles of rules and regulations had started taking shape. ceremony involved wearing a nose-ring again by the

woman, which she had discarded when she lost her previous husband. “Chundavand” administration of justice system was left to his successor, Maharaja Ranbir Singh
was the normal rule of succession in dividing the property.66 In this rule of succession, (1856–1885).
the property used to be divided into as many equal parts as there were mothers and The institutionalisation of the administration of justice on modern lines
each part was then divided equally among the sons of one mother. For the areas in Jammu and Kashmir began in 1857 with Ranbir Singh’s accession. He took
governed by the British, the High Court of Lahore was the reference point. deep interest in organising the judiciary at the district and taluka (or tehsil) level.
As the first step, he ordered the drafting of a criminal procedure code and a
Kashmir penal code. The codification was intended to bring uniformity in procedural and
In 1820, Maharaja Ranjit Singh installed Gulab Singh as the raja of Jammu. substantive law throughout the state. Institutionally, he set up city courts in 1857
Raja Gulab Singh successfully negotiated a treaty between the British and Ranjit as the lowest rung of the judiciary. Additionally, he established two chief judge
Singh’s successor, Maharaja Dalip Singh, after the defeat of the Sikhs at the Battle courts or sadar adalats, one in Srinagar and the other in Jammu. These courts had
of Sobraon in 1846. According to this Treaty of Lahore, the independent sovereignty jurisdiction over civil as well as criminal cases. The courts were subordinate to the
of Raja Gulab Singh over the territories in his possession was recognised. A separate governor and would follow his advice given in important cases. The chief court
treaty was also signed between Gulab Singh and the British in Amritsar, through had unlimited jurisdiction on the civil side. It was conferred power to impose
The consolidation of laws and
which the British transferred forever to him, all the hilly or mountainous territory sentence of imprisonment up to five years. It would hear appeals on the civil as well
regulations in the princely state of
with its dependencies ceded to the British government by the Sikh kingdom. The as criminal side from the courts of the tehsildar, wazir wazarat and city magistrate.
Jammu and Kashmir is attributed to
territory transferred included the Kashmir valley. In consideration of this transfer, The chief judge would go on circuit in order to hear appeals from local courts. In
Maharaja Pratap Singh. He laid the
Gulab Singh paid a sum of Rs 7,500,000 nanuk-shahi to the British government. He the following two decades, the number of courts at the district and tehsil levels
foundation for the establishment of
became a vassal of the British and in acknowledgement of their supremacy had to pay rose up to 25.
the Jammu and Kashmir High Court
them a token tribute. Gulab Singh accordingly became the first Maharaja of Jammu In 1877, Maharaja Ranbir Singh set up a high court in the state. The high
through the Sri Pratap Singh Jammu
and Kashmir on 16 March 1846. court, however, worked as part of the durbar and was presided over by one of the
and Kashmir Laws (Consolidation)
Maharaja Gulab Singh did not make any changes in the judicial department as members of the durbar, known as the law member. The high court, presided over by
Act, 1920. It is due to his efforts
inherited from the Sikh rule. His primary concern was to collect the money he had a law member, would hear appeals from chief courts as also the courts of the wazir
that the High Court of Jammu and
paid to the British by levying taxes almost on every human affair. He therefore heard wazarat and governor having jurisdiction over revenue matters. By the end of Ranbir
Kashmir, which has the distinction
all complaints or petitions himself, so that he could extract a tax under the name Singh’s reign in 1885, the state had a well-established judiciary, with a hierarchy of
of being the first indigenous or
of nazrana (tribute) from the complainant or petitioner. Any attempt to overhaul courts—the city court or taluka court at the lowest level, the chief court or chief
locally established high court, was
judge court (sadar adalat) at the district level, and high court at the highest level. The
inaugurated on 26 March 1928
maharaja continued to exercise judicial powers as a court of last resort.
Maharaja Pratap Singh ascended the throne in 1885. He was deposed in
1889 and forced to abdicate his powers in favour of a state council headed by
his brother Raja Amar Singh. His powers were partly restored in 1905 and the
state council abolished. There was no significant change in administration of
justice from 1885 to 1905. But soon after his powers were restored, Pratap Singh
reorganised his council. The judicial member was redesignated as judge, high court.
He was empowered to decide all judicial cases. This was the first step towards the
establishment of a high court and the separation of higher judicial functions from
the executive. The Code of Criminal Procedure was approved in 1912. This was the
second-most important step towards conferring jurisdiction over the high court in
Manuscripts of the Ranbir criminal matters. The high court was for the first time statutorily defined as the
Dand Bhidi or the penal code highest court of criminal appeal and revision, subject to powers of the maharaja in
established by Maharaja Ranbir the matters of review, reference and further appeal. The maharaja continued as the
Singh, circa 1857. Source: High
Court of Jammu & Kashmir.
Photo: Vinay Thakur

highest judicial authority with powers to pass sentences, Rajasthan
including capital punishment. The history of the judicial system
In 1920, Maharaja Pratap Singh directed the in the princely states of Rajasthan can be
consolidation of all the existing laws and regulations broadly divided into four phases. Before
in the state. The result was The Sri Pratap Jammu and 1818, the legal system was marked with
Kashmir Laws (Consolidation) Act, 1920. One year the conventional pattern that prevailed in
later, in 1921, he promulgated Regulation No XLVI, most of the princely states. For instance,
laying down the law and procedure of the high court. It in Jaipur state, during the rule of Sawai
was on 26 March 1928 that the high court of judicature, Jai Singh II, there was a three-tiered
independent in some respects, headed by the Chief judicial system comprising the nyaya
Justice and comprising two judges, was established. The sabha, the pargana court and the village
High Court of Jammu and Kashmir has the distinction panchayat. The nyaya sabha, presided by
of being the first indigenous or locally established the ruler himself, was the highest court
high court. The other four high courts in the towns of in the state. The cases used to be decided
The first bench of the High Calcutta, Madras, Bombay and Patna were set up by the British. Right: Coats-of-arms of some in accordance with the Dharamshastras and Hindu Shastric laws. The system of
Court of Kashmir, 1928, On 26 March 1928, Pratap Singh, through Order No 2, appointed Lala of the former princely states of delivering justice was simple and inexpensive. However, after the death of Sawai Jai
from left to right: Justice Bodh Kanwar as Chief Justice and Rai Bahadur Lala Bodh Ram Sawhney and Khan Sahib the present state of Rajasthan. Singh II, the administration of justice witnessed a great deal of laxity as the rulers
Raj Sawhney, Chief Justice Agha Syed Hussain as judges of the high court. The high court was not independent Source: Supreme Court became preoccupied in safeguarding their own throne from external invasions and
Kanwar Sain and Justice Aga in some respects as the maharaja retained some of the powers previously exercised Museum. Photo: Vinay Thakur internal disturbances. Within a decade of the death of Sawai Jai Singh II, four courts
Syed Hussain. Source: High by him. Arguably, Pratap Singh’s aim was to establish a high court on the lines of came into being in the state. These were the village panchayats, the court of the amil
Court of Jammu and Kashmir high courts set up by the British in India and impress his colonial masters by making or faujdar at the pargana, the diwan’s court in the capital and the ruler’s court as
gestures towards an independent judiciary. However, the chief justice and judges the court of last resort. By the beginning of the 19th century, excessive leniency was
held office during “the pleasure of the maharaja” in the literal sense of the term. The adopted in awarding the sentence. Thus, judicial functions in the modern sense hardly
maharaja retained in the name of royal prerogative, the power to call for the record of existed during this period. In 1818, Jaipur entered into a peace treaty with the East
any case or proceeding, whether pending before or decided by the high court or any India Company.
subordinate court, and pass orders on it. The judicial system during the corresponding period in Jodhpur state was on a
Under the Constitution Act of 1939, the high court achieved a substantial slightly different pattern. In every big city, the hereditary nagar seth would administer
degree of independence. Provisions for tenure, procedure, qualifications and salaries justice with the help of local chauthia or sort of panchayat. Civil cases used to be
of judges were stipulated, and the high court was given the power to frame its own arbitrated by the panchayat in villages while settlement of disputes was done through
rules, as well as the power of superintendence over subordinate courts. But one of the trial by order. Appeals were to be heard by the hakim of the area against the nagar
most significant developments was the constitution of a “board of judicial advisors”, seth or village panchayat. Appeals against the hakim were to be heard by the diwan
which exercised powers akin to the Privy Council in British India. in the capital. People would rarely approach the ruler for justice, although, Maharaja
Seal of appellate court, Kotah.
The final development before Independence came in 1943 when the maharaja Bijai Singh was known to hear appeals personally. After his death in 1793, the
Source: High Court of
granted letters patent to the high court, again in a manner similar to the high courts administration of justice became lax.
Rajasthan
in British India. The high court was to be a court of record and was conferred Till 1885, there were no regular courts in Bharatpur state. The amil and
extraordinary original jurisdiction as well as the power to punish any person guilty of faujdar in the district acted as civil and criminal judges. In the capital, the ruler was
contempt. Section 27 of the order, dated 8 August 1943, also provided for appeals from assisted by the diwan in the administration of justice. In Kota state, there were no
the judgements/decrees or orders of the high court in civil matters to be filed before the regular judicial courts. Civil cases used to be heard by Rajrana Zalim Singh Jhala
board of judicial advisors. (1756–1824) himself. Much of the judicial work in the parganas was transacted by
the panchayats while the kotwal figured prominently in the criminal cases. In the

parganas, the cases were decided by the hawalgirs. Cases involving minor offences divided into two groups and for each group, a judicial superintendent was appointed.
used to be decided by the faujdar. The ruler’s will was the law. This continued till Twenty-three hakumats and nine hawala courts were also established. The tempo
Zalim Singh entered into a treaty of friendship with East India Company in 1817. of reforms continued. From 1 January 1886, a Code of Civil Procedure, Limitation
In Bikaner state, there was no organised system of judicial administration during Act, Evidence Act and Stamp Act were enforced. In 1887, the Code of Criminal
this period. Justice was synonymous with the will of the rulers, and jagirdars were Procedure was promulgated. All these laws were based on similar laws enforced in
permitted to exercise similar powers within their respective jagirs (areas). British India, with certain modifications to suit the local requirements. The next
After 1818, in the “second phase”, there was a reorganisation of the judicial important step in the development of the judicial system in Jodhpur state was the
system by the rulers of the Rajputana states on the suggestions of political agents. This establishment of a chief court in 1912, to which nearly all the powers of the mahakma
phase also marked the development of an adalat system in Rajasthan, which started khas were transferred. The state of Mewar (Udaipur) initiated judicial reforms in
with the conclusion of the treaty of peace and friendship by various rulers with the 1884. A court of hakim was established in each district. Similarly, a diwani adalat
company government. Jaipur state, in 1835, went into the hands of the dowager queen and a sadar faujdari were established in the capital. In the capital and at the level of its
as regent following the death of Sawai Jai Singh III. However, it was in 1838 that the suburbs, the police superintendent was authorised to decide civil suits not exceeding
dowager queen was divested of her powers and a regency council set up. The political Maharaja Ganga Singh of Bikaner to Rs 50 in value. The new Code of Criminal Procedure was enforced in Mewar
Maharaja Sawai Ram agent became the chief supervisory authority of the council. The council became the in 1870. The Stamp Regulation was also introduced in the same year. In Bikaner
Singh II of Jaipur highest administrative and judicial authority in the state. To ensure efficient criminal state, three central—civil, criminal and revenue courts were established in 1871.
administration, the state was divided into 16 zillas. Each zilla court was the original These courts were replaced in 1885 by courts of nazims in the nizamats of Bikaner.
criminal court. Sawai Ram Singh II established a court of Shri Huzur in 1854. In Appeals against their decisions were provided before the ijlas khas or the court of the
1870, tehsildars were appointed for assisting nazims in revenue matters. Similarly, maharaja. An appellate court was also established after the death of Maharaja Ganga
offices of dharam sabha and shahar qazi were established. In Jodhpur state, certain Singh. The regency council became the court of final appeal, taking the place of old
courts were reorganised in the capital and also the district in 1839. In the capital, ijlas khas. In 1910, a chief court at Bikaner was established and all powers of council
ordinary cases were tried by a bench of four judges. In the towns, cases were decided were transferred to it. It was superseded by a high court in Bikaner on 3 May 1922.
by the kotwal, the munsif, the waqa-navis and the ittlanavis. In the district, the judicial The provisions of the Indian Penal Code, Code of Criminal Procedure and Evidence
administration was handled by the hakim, the karkun, the munsif, the waqanavis Act were introduced in 1897. Bikaner was the state which had its specific acts such as
and the ittlanavis. In Bharatpur state, a council of regency was established in 1853. the Bikaner State Registration Act, 1916, Bikaner State Code of Civil Procedure 1920
Further reforms were taken up by dividing the state into two divisions—districts of and Bikaner State Limitation Act, 1920.
Bharatpur and Deeg, each under a magistrate called the adalati. Under the adalati, Finally, between 1920 and 1949, judicial reform was heavily prioritised.
there was a tehsildar and under him, a thanedar. The regency council was vested with Convention-based laws were removed and the judicial and legal system prevalent in
the power to hear appeals from the courts. British India was adopted. Rulers of Jaipur state took steps to bring the adalat system
In the third phase, after 1870, several judicial reforms were introduced in at par with that of British India. The minority administration of Jaipur is credited
stages by the rulers of the states on the lines of the judicial system prevalent in British with taking the bold step of separating the judiciary from the executive at the lower
India. Prior to 1870, the civil and criminal codes were passed in British India and level. A chief court was established in 1924. The nomenclature of mahakma appeal
new courts were established in accordance with these codes. The effect of this new and diwani adalat were changed to district and sessions court and subordinate court,
judicial setup was seen in the princely states of Rajputana after 1870. For instance, respectively. In 1942, the high court was established. The appellate powers of the
Sawai Madho Singh II of Jaipur introduced some judicial reforms and reorganised chief court and the council were transferred to it. Furthermore, the nomenclature of
the judicial structure. In place of the royal council, a mahakma alia council consisting subordinate judge was changed to civil judge. A small cause court was established in
of four members was constituted. The council was given full powers except that 1943 to settle disputes up to the valuation of Rs 500 summarily. The village panchayat
of death sentence. Besides this, three munsifs in the munsif court, two judges in courts under the Jaipur Village Panchayat Act, 1944 were established with powers to
the diwani adalat and four sardars in the mahakma appeal were appointed. These settle petty disputes. The judgment of the high court was final and no appeal in the
measures helped in quick administration of justice. In Jodhpur state, Maharaja nature of a Privy Council was provided against its decision. That was a distinctive
Jaswant Singh II introduced reforms in the judicial setup in 1882. The mahakma feature of the judicial system of Jaipur. The idea was to have a strong high court which
khas was established with full powers in civil and criminal cases. All the districts were was to inspire confidence amongst the litigants and to save them from the expenses of

Mysore
Initially, administration of justice in the Mysore princely state
graduated from the locally confined sadar munsif to the judges of the huzur
adalat and to the judicial commissioner of Mysore in 1856. The post was
redesignated in 1881 as the chief judge while the court was renamed as
the Chief Court of Mysore under the Chief Court Regulation (1) of 1884,
which was passed under Mysore Act of 1884 by Krishnaraja Wodeyar III
on 28 May 1884. In a significant turning point in the judicial history of the
state, the first Indian to be appointed as the chief judge was Rajadharma
Pravina T. R. A. Thamboo Chetty, who was appointed to this court in 1885.
The court expanded its territorial jurisdiction beginning from the
retrocession of the civil and military station area in Bangalore to the
Maharaja of Mysore, through the Act XXIV of 1947, to the inclusion
The imposing building of Nyaya Mandir or “the temple of justice”, a princely court in Baroda. The building was completed in 1896. It is presently the
of the state of Coorg by the High Court of Mysore, by the Extension
district court in Vadodara. Source: Private collection of K.K. Venugopal
Krishnaraja Wodeyar III of of Jurisdiction to Coorg Act of 1952, and Bellary district in 1953. Concurrently,
Mysore established the Chief the court also experienced changes in its jurisdiction. The chief court of Mysore was
Baroda Nyaya Mandir Court of Mysore under the Chief exercising both original and appellate civil jurisdiction from 1884 to 1891. From 1891
The five districts in Gujarat which were under the Bombay Presidency were Ahmedabad, Kheda, Bharuch, Surat, Court Regulation (1) of 1884 to 1897–1898, it exercised only appellate jurisdiction on the civil side. Its original
and Panchmahals. The judicial system here was that followed by the Bombay Presidency. Saurashtra was an under the Mysore Act of 1884 jurisdiction was again restored and it exercised such jurisdiction from 1898–1899 to
enigma which needed distinctive handling. It was an independent outside authority consisting of nearly 250 local 1901–1902.
jurisdictions. Under the protection of the British, the princes collected the revenue and dispensed justice. Full From 1 January 1903, the chief court (later the high court) had not exercised
salute states like Kutch, Junagadh, Nawanagar, and Bhavnagar were authorized with complete civil and criminal any original civil jurisdiction. In 1908, the sessions court, Bangalore division, was
jurisdiction over the people. The numerous other princely states and estates only had civil jurisdiction. Judicial abolished. The chief court was invested with original
administration here during the British rule was a combination of British Indian laws and the personal decrees of criminal jurisdiction over the division, which
the princes who were the highest appellate authority. Some of the court buildings constructed by the Maharajas continued to be exercised till it was withdrawn
still stand witness to the past. Some of them are even now being used as district courts like the Nyaya Mandir at with effect from 21 August 1911, when the sessions
Vadodara built in 1896 and the Mehsana court built in 1903. The Saurastra High Court was established at Rajkot court, Bangalore division, was reestablished. There
in 1948; it became part of the Bombay High Court in 1956 with a circuit bench at Rajkot. It comprised the chief was a simultaneous effort to expand the court
justice and two puisne judges. in qualitative as well as quantitative terms. The
number of judges fixed at a minimum number of
three under the Mysore Chief Court Regulation
any further appeal. A remarkable fact about Jaipur is that no person was awarded the of 1884, was gradually increased over a period of
death sentence in the 20th century. In Jodhpur state, the entire judicial system was time. The chief court was designated the High
reorganized, and the state was divided into four circles with a judicial superintendent Court of Judicature of Mysore in 30 January 1929
in charge of each circle. The powers of all the courts were properly defined and rules by Maharaja Krishnaraja Wodeyar III on the
regarding examination and enrolment of vakils were introduced for the first time. recommendation of the diwan, Sir Mirza M. Ismail
Likewise, the state courts were presided over by the officials employed by the durbar or following a discussion of the legislative assembly.
by jagirdars or their managers. To this group belonged one chief court, three district
and sessions courts, five judicial superintendents and district magistrate courts, one Rajadharma Pravina T.R.A. Thamboo
small causes court and 23 courts presided by hakims. The jurisdiction of these courts Chetty was the first Indian to be appointed as
was clearly defined. the chief judge of the Chief Court of Mysore

Judicial System at Tellicherry (Kerala) Travancore-Cochin
As early as the 14th century, private property seemed to have been as secure as it is today. “They put a thief to death,” Towards the end of the 18th century, the princely state of Travancore-Cochin
noted Ibn Batuta of Tangiers, who travelled through Malabar in the middle of the 14th Century, “for stealing a began to fall under the sway of the East India Company. In the second decade of
single nut or even a grain of seed of any fruit”. the 19th century, Colonel Munroe, the British resident and diwan of Travancore,
In 1792, when the British took over Malabar, they conceived the idea of leaving the administration of revamped the existing judicial system, which was largely based on the principle of
justice in the hands of rajas. But the plan was doomed to failure from the beginning and in December 1792, a maryada (custom or “honour”) and dispensed by the local rulers. Colonel Munroe
temporary court of justice, presided over by each of the joint commissioners, in turn was established in Calicut. established one principal and five subordinate courts in Travancore for taking
Three months later, when Farmer was appointed supervisor of Malabar, this court was abolished subject to the cognisance of all matters, both civil and criminal. The principal subordinate court
appellate authority of the supervisor. His assistant was vested with civil and criminal jurisdiction of Calicut and its consisted of the diwan and three judges, of whom two were brahmins and one nair.
vicinity, and the northern and southern superintendents with like powers in their respective divisions. Seven local The other five subordinate courts consisted of three judges. In 1811, seven zilla courts
darogas were established on 1 July 1793 in were established to enquire into all cases that were brought before them. In 1814, an
Cannanore, Quilandi, Tanur, Tirurangadi, appellate court by the name of huzur court attached to the diwan’s kutcherry/kachehri
Ponnani, Chettuvayi and Palghat. In 1802, was formed to hear appeals from zilla courts. This system gradually evolved over the
an important step was made in advance in next couple of decades. These courts consisted of a Hindu judge, a Christian judge
the form of the separation of judiciary from and a shastri or pundit. By Regulation V of 1834, for the first time, an appeal court
the executive administration. A provincial (initially known as the sadar court and subsequently as the high court) consisting of
court was established in Tellicherry, presided three Hindu judges, one Christian judge, a shastri and a mufti was established. In
over by three judges, two of whom went 1854, diwan peshkars were appointed with general control and supervision in all
periodically on circuit. A zilla court and a matters of magistracy and police in their respective divisions. In 1856–1857, three
registrar’s court were established in Tellicherry sessions courts were established, to which the zilla criminal courts were immediately
and Calicut respectively. In 1816, district subordinate; however, they were abolished in 1861–1862, and their powers conferred
munsif’s courts were instituted. All these on the zilla criminal courts.
courts, except the last one, were abolished in In 1861, the appeal court was renamed sadar court and for the better dispensation
1845 and their place taken by the civil and of justice at the grassroot level, courts of small causes were established. The integrated
sessions courts of Tellicherry and Calicut, justice delivery system was replaced with a specialised zilla judge exclusively to deal
the subordinate court of Calicut and the with criminal matters while others were invested with jurisdiction to hear civil
principal sadar amin’s court disputes. In the same year, a Code of Civil Procedure based on the British India Act
in Tellicherry and Cochin. was introduced. In 1871, the diwan was relieved from judicial functions as the chief
In 1875, the designation of magistrate and the authority was invested with the diwan peshkars, the commercial
courts was changed. The civil agency in Alleppey, the conservator of forests and the superintendent of Cardamom
and sessions judges of north Hills, with full powers of magistrate in their respective areas.
and south Malabar changed With a view to revamping the judicial administration in the state, the
to district and session’s judge Travancore Civil Courts Regulation I was issued in 1881. It reduced the number of
and the principal sadar amins zilla judges from 14 to 9 and the number of munsif’s courts from 19 to 18, and they
became subordinate judges. were invested with small cause powers in personal suits up to the value of Rs 20. By
the High Court Regulation II of the same year, the sadar court was designated as the
high court and the number of judges was raised from three to five, with one chief
Inside and outside views of the justice and four puisne judges along with a pundit to advise on points of Hindu Law.
principal and sessions court at Many powers earlier exercised by the single judge were made exercisable by division
Thalassery (Tellicherry). In 1802, a benches consisting of two judges.
district court was established here,
renamed civil and sessions court in
1875. Source: K.M. Pradeepnath

The year 1882 saw some important changes in the legal system of Cochin. courts of deputy collectors not in charge of sub-divisions and sub-deputy collectors.
Regulation I of 1882 classified the strata of courts and defined their organisational By Regulation 1 of 1947, the jurisdiction of these courts were limited to suits valued
structure. The courts thus constituted were the munsifs’ courts, zilla courts, appeal up to Rs 500 only. The Indian Evidence Act, 1872, and Criminal Procedure Code,
courts and the raja’s court of appeal. This system continued for 18 years till Regulations 1898, were extended to these districts in 1881 and 1898 respectively, by notification
II and III of 1900 replaced the raja’s court of appeal by the chief court and redesignated issued under the Schedule Districts Act 1874 and a uniform pattern of judicial
the zilla courts as district courts. The chief court comprised three permanent judges. administration came into place.
It continued till the establishment of the High Court of Judicature of Cochin on
18 June 1938 during the diwanship of Shanmugam Chetty, R. K. Till 1918, a royal Chotanagpur
court of final appeal corresponding to the judicial committee of the Privy Council in The first major step towards the evolution of an administrative system in the
London existed in Travancore. The system was later abolished but the functions of Chotanagpur region was the establishment of the Southwest Frontier Agency in 1834
the body to some extent were exercised by the full bench of the high court. with its headquarters in Kishanpur (Ranchi) under an agent. This brought the whole
region under effective control of the British rule. In 1854, the designation of the Southwest
Provinces was changed to Chotanagpur division, and was composed of five districts—
Courts in Other Parts of India Hazaribagh, Ranchi, Palamu, Manbhum and Singhbhum. This was administered as a
non-regulation province under a commissioner reporting to the Lieutenant Governor of
Central India Bengal. By the rules framed under the regulation, the agent was vested with the same
Jharkhand powers as were exercised by the commissioner of revenue and the civil and sessions
Since Jharkhand was a part of Bihar, it also came under the direct administrative judge, but was enjoined to conform to all orders of the sadar diwani and nizamat adalat,
control of the East India Company after the Battle of Buxar. A new system of criminal the Sadar Board of Revenue and the Board of Customs, Salt and Opium.
and civil administrative system was introduced in this area, which was hitherto largely The most important result of the civil and criminal agency was that for the
autonomous, governed by the tribal chiefs as per the customary law. The new land first time a regular system of police and courts for the administration of justice was
revenue administration introduced by the permanent settlement of Lord Cornwallis instituted by the British. For the administration of criminal justice, the assistants, in
in 1793, radically altered the agrarian relation by introducing a new class of tenure addition to ordinary magisterial powers, had powers to pass sentence of imprisonment
holder in the area. The cumulative effect of these changes produced a spate of tribal for a period of seven years. Their proceeding was subject to revision by an agent who
unrests like Kol Uprising and the Santhal Rebellion of 1854–1855. It was against this was initially vested with criminal, judicial and revenue powers. The agent had power
background that the land revenue administration was revamped by amending the to confirm, annul or modify the decision of assistants. Under him was the principal
land revenue laws, giving protection to tribals from dispossession of their land. assistant of Lohardaga division (now Ranchi district) who tried original civil suits and
In 1855, the Santhal Rebellion was put down. After its suppression, a report was heard appeals from the decision of the munsifs. For the administration of civil justice,
submitted enumerating the legitimate grievances of the Santhals. The main principle there were two munsifs, one at Lohardaga and another at Ranchi. For the guidance of
of a proposed new system was local self-government under strong supervision. At first, Court fee stamps from the the courts, a simple code of rules was drawn up by Captain Wilkinson, which, though
the damin-i-koh and neighbouring areas inhabited by the Santhals were separated from Chota Nagpur states not sanctioned by the government, appears to have been followed till the introduction
Birbhum and Bhagalpur and by Act XXXVII of 1855, a separate district of Santhal of the Code of Civil Procedure (Act VIII, 1859).
parganas was formed. This was placed under the control of a deputy commissioner To improve the administration of justice, the agent was relieved
and four assistant commissioners, each of whom had a sub-assistant at a central point of his duties as civil and sessions judge and in 1843 an officer was
of his charge. These 10 officers were employed for the purpose of administration of appointed with the designation of deputy commissioner to carry out these
justice to the common people. They tried civil and criminal cases. functions. The deputy commissioner corresponded to the present judicial
Santhal civil courts were set up by Regulation V of 1893. This also defined the commissioner and received that title in 1861. By a notification dated 28
respective jurisdiction of four grades of courts of officers appointed under section 2 May 1864, the judicial commissioner was vested the powers of sessions
of Act XXXVII of 1855 over suits valued up to Rs 1,000. These included the court of judge under the Criminal Procedure Code and the deputy commissioner
the commissioner, court of deputy commissioner, courts of sub-divisional officers and was vested the powers of pricipal sadar amin (sub-judge).

A further change in the administration was made by the Act of XX of 1854 with the assumption of Sir John Campbell as the Lieutenant Governor of Bengal.
whereby the agency was abolished and the duties and powers conferred by the Extensive administrative reorganisation took place with the constitution of Assam
Regulation XX of 1833 were vested in an officer appointed by the local government and as the chief commissioner’s province in 1874. By the closing decade of the 19th
Chotanagpur was administered as a non-regulation province under the commissioner. century, the structure of provincial judicial administration was firmly entrenched.
The district and sessions judge was at the apex of the civil and criminal justice and the
The Northeast and the Hill Areas subordinate judiciary consisted of the courts of magistrates and munsifs. However,
Assam the ultimate supervision of the administration of justice continued to be the High
The Treaty of Yandaboo of 1826 marked the end of the Ahom rule, ushering Court of Calcutta. The transition and ultimate location of the Gauhati High Court
in British rule in Assam. The occupation of the Brahmaputra valley heralded major in Guwahati occurred only in 1948.
changes in the colonial administration, also affecting judicial administration. In
1824, the agent for the Northeast Frontier, David Scott, administered the entire Nagaland
Brahmaputra valley by retaining the old system as far as possible. Soon afterwards, The neighbouring region of Nagaland with its colourful and diverse customary
the agent Thomas Campwell Robertson divided lower Assam into four provinces and laws and practices are unique by itself. The 11 administrative districts in Nagaland are
a principal assistant was appointed in each district to act as judge, magistrate and inhabited by 16 major tribes along with other sub-tribes, each tribe being distinct in
collector. In his judicial capacity, he exercised pecuniary jurisdiction to try original character in terms of customs, language and dress. Handed down from generations, the
civil cases from Rs 500 to Rs 1,000 and also heard appeals from subordinate courts. customary laws and practices recognise the village council consisting of the elders of a
In criminal matters, he exercised power and jurisdiction as that of a magistrate of tribe as the supreme decision-making body of the village. Oath occupies an important
Bengal. The munsif and the panchayat courts were constituted in each district with place in the settlement of disputes. Taking of an oath for claiming ownership over a
the former trying original civil cases from Rs 100 to Rs 500 and also hearing appeals parcel of land, for example, requires the claimant to stand on the disputed land and
from the panchayat courts which had jurisdiction to try matters valued up to Rs proclaim: “The land on which I am standing now is mine/our land. If it is not, let the
100. During the administration of Captain Jenkins, upper Assam was annexed to the consequences of the oath that I shall be pronouncing now befall on me.”
British territory, which was the last dominion of Ahom rule in Assam. The post of During British rule, the customary practices received the first nod of legislation
deputy commissioner was created conferring judicial powers besides his civil duties. by the enactment of Rules of Administration of Justice and Police in Nagaland,
The deputy commissioner acted as the district and sessions judge. The munsif and Left: District customary 1937, whereby a unique judicial system, both civil and criminal justice, were made
the panchayat court continued to function as before while the principal assistant was court in Kohima, Nagaland. to be delivered through customary courts manned by dobashis and village elders. In
given additional powers to transfer cases to the subordinate courts. Source: High Court of Gauhati addition, the deputy commissioner and assistants were also empowered to exercise
Following the changes after 1857, the deputy commissioner was redesignated (Kohima bench) judicial powers. On attaining statehood, the customary laws and authorities were
the judicial commissioner, the principal assistant became the deputy commissioner Right: A view of the proceeding constitutionally recognised under Article 371A of the Constitution of India. In course
and junior assistants became assistant commissioners. By 1872, the offices of sadar of the customary court. Source: of time, the 1937 rules stood extensively amended and customary courts called village
amins and munsifs were abolished, and officers were accommodated as extra assistant High Court of Gauhati courts, subordinate district customary courts and district customary courts for trial
commissioners. The deputy commissioners had the power of sub-judge and assistant
magistrates exercised the power of munsif. Appeals from both civil and criminal matters
lay before the judge, Assam valley, and the chief appellate authority was the High
Court of Calcutta. In 1836, the district of Cachar was transferred to the Dacca division
of Bengal and the superintendent was redesignated as the deputy commissioner in
whom was vested the power of the magistrate, collector and a civil judge. By Act V of
1835, Cachar was also placed under the civil and criminal jurisdiction of the Calcutta
High Court. The revenue administration was placed under the Board of Revenue.
The governance of Assam as an appendage of Bengal created difficulties and
the seed of constituting Assam as a separate colonial administrative unit commenced

of suits between parties belonging to schedule tribe or tribes came to be established Tripura
in the state. The area of princely Tripura was almost double the size of the present-day state
of Tripura. It was a vast land of plains and hills. The eastern hilly part, that is, present
Meghalaya Tripura, was known as Hill Tippera. The western plains on the bank of Meghna river
The Regulation X of 1822 laid the foundation for the pattern of administration was known as Chakla–Roshanabad or Tippera district, an area of about 600 sq. miles
of the tribal areas of Northeast India to be followed by the British. The powers of full of fertile lands and water sources. It was the source of revenue for the kings of
collectors, magistrates and judges were centered in the same hands and an all-powerful Tripura while the hilly portion, full of forests and wildlife, barely lent itself to revenue
centralised executive was constituted for bringing the administration within the collection. During the reign of the last king, Maharaja Bir Bikram Manikya Bahadur
reach of the people through simple procedure. On 24 September 1869, the Governor Maharaja Bir Bikram Kishore Debbarma (r. 1923–1947), annual revenue income from
General in Council passed The Garo Hills Act, 1869, in order to remove Garo Hills Chakla–Roshanabad was about Rs 13 lakhs. During the reign of Jagat Manikya (1732–
from the jurisdiction of civil, criminal and revenue courts and offices established 1733), the plains part of the kingdom was annexed by the Mughal Empire. Thereafter,
under the general regulations and acts. Act No VI of 1835 relating to Khasi Hills and the kings of Tripura were sovereign rulers of only the hilly part, only Mughal talukdars
Bengal Regulation X of 1822 in respect of Garo Hills were also repealed. Under the Maharaja Bir Bikram Kishore in the plains. The plains were first ruled by the Mughals and then by the British.
acts, officers who could perform functions of administration of justice relating to civil, Debbarman was the last ruler During the princely regime, there was no written code for administration of
criminal and revenue cases were to be appointed by the lieutenant governor. of the princely state of Tripura justice. The kings used to administer justice in accordance with the prevalent customs,
The Garo Hills Act, 1869, was repealed by the Scheduled Districts Act, 1874; before its merger with the Union of equity and good conscience over a long period of time. The kings in succession used
and the local government was given powers to appoint officers for the administration India. He attempted to transform to issue sanads, orders and rules which usually remained in force only during their
of civil and criminal justice and regulate the procedure to be followed by them. Tripura into a constitutional reign. Gradually, the legal and judicial system was modernised through the process of
Between 1874 and 1937, various enactments, regulations and orders were passed in monarchy, having also introduced formation of legislative and judicial bodies and codification of laws.
exercise of legislative or delegated legislative powers by the British authorities. administrative and judicial In the 1870s, Maharaja Birchandra established civil and criminal courts under
In 1926, by an agreement executed by the Syiem of Mylliem, he agreed to the reforms to modernise the kingdom the British Indian model in the state. The khas appeal adalat was constituted with
extension of some British acts to the non-British portion of the Shillong municipality two judges as the highest court of appeal in the state. It had advisory powers and
and ceded to the British government the jurisdiction necessary for the administration the judgments of this appeal adalat were issued in the name of the maharaja under
of the said acts and rules framed thereunder in the said area. his signature. Also there were pahari adalats constituted for hearing the appeals of
The Government of India Act, 1935, gave up the terminology of the backward the tribals living in hill areas. Those pahari adalats were abolished in 1879 and their
tracts and described the areas either as “excluded areas” or “partially excluded areas”. powers were conferred on the newly established civil and criminal courts under the
This act also made mention about “tribal areas” which were defined in section 311(1) control and superintendence of the khas appeal adalat.
as “areas along the frontiers of India or in Baluchistan which are not part of India or During the princely regime, legal aid was also available to the poor people who
of Burma or of any Indian State or of any foreign State”. Later, by the Government of could not pay the fees of lawyers for filing or defending their cases. The history of the
India (Excluded and Partially Excluded Areas) Order, 1936, the Garo Hills district, period reveals that in 1890, a sessions judge in Tripura was empowered to provide
Mikir Hills, the British portion of the Khasi and Jaintia Hills district other than the free legal aid to an accused in a criminal case by providing him a lawyer at state cost.
Shillong municipality and cantonment were included in the partially excluded areas. A lawyer would get Rs 1 as fee from the state exchequer. The system continued over
a long period of time. Major administrative and judicial reforms were introduced
Legal Status of Mizoram during the reign of Maharaja Bir Bikram Kishore Debbarman (1923–1947), who
Mizoram, the erstwhile Lushai Hills district, was a scheduled district as per the provision of The Scheduled was the last ruling king before Tripura was merged with the Union of India. He
District Act, 1877, meaning thereby that the laws in force in India would not be effective unless specifically wanted to govern the state in accordance with a written constitution and he had set
notified by the Governor of Assam, with or without modifications. The Lushai Hills were brought under the up a committee of experts for drafting the constitution. The written constitution of
Assam Frontier Tract Regulation of 1880 and by the time partial self-government was introduced in India in Tripura, which was later known as the Government of Tripura Act, 1351, Tripura Era,
1919, Lushai Hills were recognised as a backward area and excluded from formal administration. The status as came into force on 1 July 1941.
an excluded area was also enshrined in the Government of India Act, 1935. Accordingly, administrative control
of the Lushai Hills was with the Governor of Assam through the superintendent of the concerned territory.

Picture postcards with views of Bombay appeared in 1899 and some of the pictures were hand painted in colour. Left: Aerial photo taken by German Left: 1912 Postcard used after 50 years with Commemorative stamp and Special Cancellation at the time of Centenary. Right: View of around Oval
photographer Hassler in 1937. Right: Unusual view of Watson’s Hote, 1905. Source: High Court of Bombay looking North,1910
Notes
1. Lishman, Frank (Consulting Architect to Government of 13. Mahmud, Syed Jafar (1994), Pillars of Modern India: 1757– 36. Smt Bibhabhati Devi v Kumar Ramendra Narayan Roy AIR 55. Haryana District Gazetteers, reprint of imperial Gazetteer
United Province) (1914), Annual Report on Architectural Work 1947, New Delhi: Ashish Publishing House, p. 19. 1942 Cal 498. of India (Provincial Series), Punjab, 1908, vol, ii (2000),
in India, 1912–1913, 1913–1914, Calcutta Superintendent 14. The Great Wahabi Case, Calcutta: R. Cambray & Co., 1899, 37. Rajah, N. L. (2012), The Madras High Court—A 150-Year Gazetteer Organization Revenue Department, Haryana, p.
Government Printing, India. p. 4. Journey from a Crown Court to a People’s Court. Chennai: C. 361
2. Ibid 15. Ibid, p. 65. Sitaram & Co. 56. Ibid, p. 407.
3. Guenther, Alan M. (2004), “Syed Mahmood and the 16. Ibid, p. 10. 38. Ibid 57. Ibid, p. 361.
Transformation of British Law in India”, PhD dissertation, 17. Ibid, p. 16. 39. Ibid 58. Ibid, p. 370.
McGill University, http://digitool.library.mcgill. 18. Ibid, p. 12–13. 40. Ibid. 59. Ibid, p. 396.
ca/R/?func=dbin-jump-full&object_id=85165&local_ 19. The High Court of Calcutta—Centenary Souvenir (1962). 41. Ibid. 60. Punjab District Gazetteers, vol. x-A, Kangra District, 1904,
base=GEN01-MCG02 20. Ibid 42. 1 Ind case Page 36 The Civil and Military Gazette Press, Lahore, 906, p.181.
4. Varma, Justice A.N. The 125th Milestone: A 21. Ibid 43. 1912 Vol 22 490 61. Punjab District Gazetteers, vol. xx-A, Gurdaspur District,
Retrospect, http://www.allahabadhighcourt.in/event/ 22. Ibid 44. 1913 Vol.25 MLJ 661w 1914 (1915), Superintendent, Government Printing Punjab,
The125thMilestoneANVarma.pdf 23. Mukherjee, Chittatosh (1987), “Sir John Woodroffe—A 45. 1931 Vol. 60 MLJ 378 p.161.
5. Vaccha, P. B. (2012), Famous Judges, Lawyers and Cases of Tribute to an Uncommon Judge”, Sesquicentenary 46. In Re: M.K. Thiagaraja (1946) 1 MLJ 42 62. General Report on the Administration of the Punjab
Bombay, Universal Law Publishing: New Delhi. Celebration of the High Court at Calcutta, p.15. 47. Khudiram Bose v Emperor, 3 Ind Cases 625. Territories for the year 1862-63, Government Press, Lahore,
6. Ibid 24. Ibid 48. Baikunth Sukul v King-Emperor, Criminal Appeal No. 5 of p. 11.
7. Chandra, Sudhir (1988), Enslaved Daughters: Colonialism, Law 25. Rajani v Netai ILR 48 Calcutta 643. 1934. 63. Rattigan, W.H. (1989) A Digest of Customary Law, 15th edn,
and Women’s Rights, first edn, Oxford University Press: New 26. Queen Empress v Hurree Mohun Mythee (1890) ILR 18 Cal 49. 49. Khalil Ahmad v Malik Israfil, AIR 1916 Pat 87 (D). The University Book Agency, Allahabad, p. 1.
Delhi. 27. Ibid. 50. Hyderabad High Court Rules, vol. II, 1954, Government 64. Punjab District Gazetteers, vol. x-A, Kangra District, 1904,
8. Shodhan, Amrita (2001), A Question of Community: Religious 28. Ahuja, B. N. (1988), History of Indian Press, Delhi: Surjeet Press–DN, 1955. The Civil and Military Gazette Press, Lahore, 906, p.189.
Groups and Colonial Law, Kolkata: Samya. Publications 51. Verma, V. (2008), Shimla Hill States in the 19th Century, B.R. 65. Middleton, L. (1919), Customary Law of the Kangra District,
9. Thomas Chisholm Anstey, The Catholic Encyclopedia, http:// 29. Ibid. Publishing Corporation, New Delhi, p.66. Revised Settlement, 1914–18, 2009, H.P. Academy of Arts,
www.newadvent.org/cathen/01551b.htm 30. Queen Empress v Jogendra Chandra Bose & Ors (1901) ILR 19 52. Kaushal, R.K. (1988), Himachal Pradesh, Socio- Economic Culture and Languages, Shimla, p.69.
10. Chandra, Sudhir (1988), Enslaved Daughters: Colonialism, Law Cal 35. Geographical and Historical Survey, New Delhi, Reliance 66. Ibid
and Women’s Rights, 1st edn, Oxford University Press: New 31. Barendra v Emperor (1910) ILR 37 Cal 467. Publishing House, Ranjit Nagar, p.67. 67. For further details, visit assam.gov.in/history, History of
Delhi, p. 34. 32. Emperor v Noni Gopal Sengupta 12 CrLJ 286. 53. Punjab States Gazetteer, vol. viii, Simla Hill States, 1910 Assam. Assam Online portal
11. Pai, Sudhish V. (2013), Legends in Law: Our Great Forebears, 33. (1866) 6 W R 228. (Keonthal State Gazetteer), The Civil and Military Gazette 68. Dewan, V. K. (2007), North-Eastern Region Local Acts and
New Delhi: Universal Law Publishing Co. Pvt. Ltd. p 51. 34. AIR 1961 SC 1570. Press, Lahore. Rules, the Rules for the Administration of Justice and Police in
12. Murshid, Golam (2011), Ashaar Chholonei Bhuli—Biography 35. State of Rajasthan v Vidhyawati, AIR 1962 SC 933, 54. Punjab States Gazetteer, vol. viii, Simla Hill States 1910 Nagaland, 1937, fourth edn., India Law House, New Delhi.
of M.M. Dutta, Calcutta: Ananda Publishers Pvt. Ltd. [1962] SCR Supl. (2) 989 (Nalagarh State Gazetteer), The Civil and Military Gazette 69. For details, visit www.legalcrystal.com, The Scheduled
Press, Lahore. Districts Act, 1874.

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IV

122 chapter IV the foundation s of modern l aw 123

THE HIGH COURTS in British India

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J.D. Inverarity, a distinguished barrister of

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N o account of the Nagpur High Court is complete unless

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