2.26.1 In 1698, the Mughal King’s grandson granted Zamindari rights of three villages to the East India Company. The Company thereupon exercised all the powers, which the Mughal administration had granted to the native Zamindars. The Company appointed a Collector to carry on administration of all the three villages. The Collector began to hold Zamindari Courts regularly for both Civil & Criminal cases.

2.26.2 In 1699, Calcutta was given the status of Presidency Town. Its Governor and Council were entrusted with all the necessary administrative and judicial powers.

2.26.3 Accordingly, Fauzdaree Court presided over by English Collector was established to decide criminal cases regarding the natives of the three villages and petty crimes committed by English people. The Governor and Council were authorised to try serious crimes committed by the English people under the Charter 1661.

2.26.4 The Court of Cutchhery or Civil Court presided over by a Collector was established to adjudicate civil disputes. Appeals were allowed only in rare cases to the Governor and Council.

2.26.5 The Collector was also responsible for the collection of land revenue from the natives of all the three villages. In respect of revenue matters, appeals would lie to the Governor and Council.

2.26.6 The establishment and constitution of courts in all the three Presidency Towns was found necessary and that led to the constitution of Mayor’s Court presided over by a Mayor and nine Aldermen. Mayor’s Court was declared to be a Court of Record and was authorised to try, hear and determine all civil actions. It had testamentary jurisdiction to grant letters of administration and also had jurisdiction over all persons within the Presidency Town and working in the Company’s subordinate offices.

2.26.7 Appeals from the decisions of Mayor’s Court would lie to the Governor and Council. The decision of the Governor and Council was final in all cases involving a sum less than 100 Pagodas. Further appeal would lie to the King-in-Council (Privy Council) from the decisions of the Governor and Council.

2.26.8 Under Charter of 1726, Justice of Peace consisting of Governor and five Senior Members of the Council was established in each Presidency Towns.

2.26.9 Criminal Jurisdiction was conferred on the Justices of Peace. They were empowered to arrest and punish persons for petty criminal offences and they were also to act as a Court of Oyer, Terminer and Goal delivery and were empowered to hold quarter Sessions, four times a year for the trial of all offences excepting high treason.

2.26.10 In general, these courts were entrusted with the same powers similar to that of the courts in England.

2.26.11 Again, the Charter issued on 8 January 1753, which applied uniformly to all the Presidency towns, brought about certain changes in the method of appointment of Mayor and Aldermen. The changes effected are as indicated below:

(i) Alderman was to be appointed by the Governor and Council;

(ii) As regards the Mayor’s appointment, the Governor and Council were to select one out of panel of two names of Aldermen submitted to it by the Corporation every year.

 

2.26.12 Thus, the Mayor and Aldermen became the nominees of the Government.

2.26.13 Under the aforesaid Charter, the Government held large measure of control over the Corporation. The jurisdiction of the Mayor’s court was expressly restricted to Indians.

2.26.14 This Charter of 1753 also created a new Court called as ‘Court of Request’ in each Presidency Town to decide all the cases up to five Pagodas or Rs. 15/-, summarily and quickly. The Court of Request was manned by 8 to 24 Commissioners who were initially appointed by the Government mainly from amongst the Company’s servants. Half of the Commissioners were to retire every year and their places were to be filled in by ballot by the remaining Commissioners. This process of co-option would go on from year to year. On every court day, three Commissioners used to sit by rotation.

2.26.15 As time passed, the Company expanded its political activities and acquired new territories surrounding the Presidency Towns. This new territory came to be known as Mofussil in contra-distinction to the Presidency Towns. The Company had to provide an administrative system in Mofussil for which Adalat System came into being for administration of Justice. Such Adalat System was initially introduced in the first territory acquisitions of the Company in Bengal, Bihar and Orissa.

2.26.16 In 1772, Warren Hastings introduced a scheme of judicial administration along with the system of revenue collection, which laid a foundation of Adalat system in India. Under this scheme, Bengal, Bihar and Orissa were divided into number of Districts. A District was considered as Unit and in each District an English Servant of the Company was appointed as Collector who was responsible for collection of land revenue. Judicial System was integrated with this scheme.

2.26.17 Accordingly, in each District, Mofussil Diwani Adalat was established with the Collector as the Judge. The Collectors being Englishmen did not know about these legal systems. Therefore, to make the system work and to enable the Collector-Judge to decide the cases according to Indian Law, native Law Officers, Khazis and Pandits were appointed to expound Muslim and Hindu Laws respectively applicable to the facts and circumstances of cases in dispute.

2.26.18 A provision was made for the disposal of small cases up to the value of Rs. 10/- to be decided finally by the Head Farmer of the Pargana where the dispute arose.

2.26.19 Mofussil Fouzdari Adalat or Mofussil Nizamat was established in each District to try all kinds of criminal cases. The said Adalat consisted of Muslim Law Officer, Kazi, Mufti and Moulvies. The Collector was required to exercise general supervision over the Adalats.

2.26.20 Over and above Mofussil Adalats, two superior Courts, viz., Sadar Diwani Adalat consisting of a Governor and Members of the Council and Sadar Nizamat Adalat consisting of a Chief Mufti formally appointed by the Nawab on the advice of the Governor and an Indian Judge known as the Daroga-i-Adalat and three moulvies were established at Calcutta. The Governor and Council exercised general supervision over the proceedings of Sadar Nizamat Adalat.

2.26.21 The Regulating Act, 1773 empowered the Crown to establish Supreme Court of Judicature by a Royal Charter. Accordingly, Supreme Court of Judicature at Fort William consisting of a Chief Justice and three puisne Judges was established. The Judges were appointed by the Crown and they held the office during his pleasure. Only Barrister of at least 5 years standing was eligible to be appointed as a Judge. The jurisdiction of the Court was restricted to only few defined categories of persons, viz., British subjects and His Majesty’s subjects residing in Bihar, Bengal and Orissa and persons employed either directly or indirectly under the Services of the Company.

2.26.22 The Supreme Court of Judicature was also a Court of Admiralty for Bengal, Bihar and Orissa to hear and try all cases — Civil and Maritime and all Maritime crimes committed upon the High Seas with the help of Jury who were British subjects resident in Calcutta, in the same way, as the Admiralty Court in England.

2.26.23 Each of the Judges of the Supreme Court was also the Justice of Peace with jurisdiction and authority similar to that of Judges of the Court of King’s Bench in England under common law. This system continued for over a period of 100 years with minor reforms here and there. The minor reforms that were experimented included the steps taken by Warren Hastings for the separation of judiciary and revenue administration and re-unification of all functions under hand of the Collector by Lord Cornwallis, abolition of Fouzdari Adalat in the District and establishment of Circuit Courts.

2.26.24 In 1861, the Indian High Courts Act, 1861 was enacted by a Royal Letters Patent issued by Her Majesty, the Queen. Under this Act, the Crown was empowered to establish High Courts of Judicature for Bengal, Madras and Bombay and eventually for the Province of Agra. It was provided that upon the establishment of these High Courts, both the Supreme Court and Sadar Courts should be abolished. Accordingly, Charters were issued in 1862 and re-issued in 1865 to constitute High Courts at those Presidency Towns.

2.26.25 King’s Court in the Presidency Towns and Company’s Courts in Mofussil area were amalgamated into a single judicial system by the Indian High Courts Act.

2.26.26 No person could be appointed as the Judge of the High Court unless he was an Advocate of Scotland or a Barrister of England or a Pleader of 10 years standing in British India. However, Officers of Indian Civil Services having some minimum number of years of service could also be appointed as a Judge. He could not be removed from his office before retirement unless the Judicial Committee of the Privy Council would remove him on one of the grounds of misbehaviour or physical or mental infirmity.

2.26.27 The High Courts of Calcutta / Madras / Bombay were conferred with original and appellate jurisdiction.

2.26.28 Appeals from the decisions of the High Courts were to lie to the Judicial Committee of the Privy Council.

2.26.29 This position continued upto the enactment of the Government of India Act, 1915.

2.26.30 In the passage of time, the present structure of High Court is as follows:

2.26.31 The Courts of Original Side function as original courts for dealing with civil matters valued above Rs.10,00,000 arising within the ordinary original civil jurisdiction of High Court, i.e., within the district of Calcutta. The criminal cases arising within the area of Calcutta are now being dealt with by the Metropolitan Magistrates’ Courts, Calcutta and City Civil & Sessions Court, Calcutta. The applications under Art.226 of the Constitution of India arising within the area of Calcutta irrespective of valuation are also dealt with by the Courts of Original Side.

2.26.32 Appeals from the Original Decree or Appellate Decree and/or order from the subordinate judiciary, revisional application from the order of the subordinate courts, criminal revision or criminal appeals are dealt with by the Courts of Appellate Side. Appeals against the order of single Bench of the High Court are also dealt with by the Division Bench of the High Court, Appellate Side. All applications under Art.226 of the Constitution of India relating to matters arising outside jurisdiction of Calcutta are also entertained by the Appellate Side.

2.26.33 Appeals from the decisions of the High Courts lie to the Hon’ble Supreme Court of India.

2.26.34 The present strength of the Hon’ble Judges is as follows:

Approved strength : 50

Sanctioned strength : 48

Present strength : 32 (as on 15-11-1998)

2.26.35 After the enactment of Code of Criminal Procedure in 1861, the constitution of Criminal Courts styled as Courts of Sessions and Courts of Magistrates were established in every Province. Every Province outside the Presidency Town was divided into Sessions Divisions and the local Government appointed Sessions Judge and Additional and Assistant Sessions Judges, as the case may be. Below the Sessions Courts, there were Courts of Magistrates. An appeal would lie to the District Magistrates or to any specially empowered First Class Magistrate from the convictions by the Second or Third Class Magistrates. Original convictions by Magistrates of First Class were appealable to the Sessions Judge. Likewise, original convictions by Sessions Judge were appealable to the High Court in the Province.

2.26.36 The inferior civil Courts were established under the Special Act and Regulations, like the Court of District Judges, the Subordinate Judges and that of the Munsiffs.

2.26.37 These patterns were uniform in all the Provinces and the Presidency Towns of Calcutta, Madras and Bombay.

2.26.38 Small Causes Courts had taken the place of old Courts of Request and those Small Causes Courts were invested with jurisdiction to dispose of money suits, the subject matter of which did not exceed Rs. 2,000/-.

2.26.40 Under the Presidency Magistrates Act, 1877 (Act IV of 1877), the Local Government with the sanction of the Governor General-in-Council could constitute divisions within the towns of Calcutta, Madras and Bombay and appoint sufficient number of fit persons to be Magistrates called ‘Presidency Magistrates’ for each of such divisions.

a) Civil Judge (Senior Division) and Asst. Sessions Judge / Sub-Divisional Judicial Magistrate.

b) Civil Judge (Junior Division) / Judicial Magistrate First Class.

2.26.47 At present, there are 337 posts of Civil Judge (Junior Division) / Judicial Magistrate First Class and 206 posts of Civil Judge (Senior Division) / Assistant Sessions Judge / Sub-Divisional Judicial Magistrate.

2.26.48 The Higher Judicial Service consists of Chief Judicial Magistrate / Chief Metropolitan Magistrate / Additional Chief Metropolitan Magistrate / Additional District & Sessions Judge / District & Sessions Judge / Chief Judge, Small Causes Court / Judge, Special Court / Judge, City Civil Court / Secretary and Joint Secretary, Judicial Department / Legal Remembrancer, Joint Legal Remembrancer, Additional Joint Legal Remembrancer / Secretary Legislative Department / Registrars High Court, Calcutta, Appellate Side / Inspecting Judicial Officers, High Court Calcutta / Registrar, Human Rights Commission / Judge, State Administrative Tribunal / Registrar, Central Administrative Tribunal etc.

2.26.49 There are 230 such posts. All these posts are promotional posts from the cadre of Civil Judge (Senior Division) / Assistant Sessions Judge / Sub-Divisional Judicial Magistrate. The pay scale, after revision of the said posts is now Rs. 10650/- to 15850/-.

2.26.50 After five years of service, the Officer of the Higher Judicial Service is entitled to a higher pay scale of Rs. 12750-375-16500. After 9 years of service he may be placed in the Selection Grade in the pay scale of Rs. 15,100-400-18300. There are Super Time Scale posts in the pay scale of Rs. 18400-500-22400 and the above Super Time Scale posts in the pay scale of Rs. 22400-525-24500. The Officers working as District Judges are also entitled to a Special Pay of Rs. 500/- per month.

2.26.51 The Officers in the pay scale of Rs. 18400-500-22400 and Rs. 22400-525-24500 are eligible for Special Allowance of Rs. 500/- per month.

2.26.52 The members of the West Bengal Higher Judicial Service are governed by All India Services Pay Rules from time to time.

2.26.53 Pecuniary Jurisdiction of the Courts to hear and dispose of suits is as follows :

i) Civil Judge (Junior Division) - up to Rs. 30,000/-.

ii) Civil Judge (Senior Division) - unlimited.

2.26.54 After recruitment, Judicial Officers are provided with training. However, no Judicial Academy so far has been established in this State for the training of the Judicial Officer.

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