India’s First Supreme Court at Fort William, Calcutta

The Supreme Court of Judicature at Fort William, Calcutta, established in 1774, was the first Supreme Court of India and marked a significant milestone in the evolution of the country’s judicial system. It was set up under the provisions of the Regulating Act of 1773, passed by the British Parliament, to introduce judicial reforms and ensure a more structured and impartial system of justice in British India. The court represented the earliest attempt by the British Crown to establish an independent judicial authority in the Indian territories under the East India Company.

Background and Historical Context

By the mid-18th century, the East India Company had transformed from a trading enterprise into a territorial power, especially after acquiring administrative control over Bengal, Bihar, and Orissa following the Battle of Buxar (1764) and the Treaty of Allahabad (1765). However, the company’s administration was marked by corruption, inefficiency, and arbitrary governance.
These issues alarmed both the British Parliament and the general public in England, prompting legislative intervention. The Regulating Act of 1773 was enacted to improve governance and oversight in India. One of its major provisions was the establishment of a Supreme Court of Judicature at Fort William in Calcutta, which served as the seat of British administration in Bengal.
The court was inaugurated on 22 October 1774, symbolising the beginning of the modern judicial system in India based on English law.

Establishment and Composition

The Supreme Court at Fort William was established by a Royal Charter issued by King George III in 1774. The charter defined the structure, powers, and jurisdiction of the court.
Composition of the Court:

• Chief Justice: Sir Elijah Impey (the first Chief Justice of India’s Supreme Court).
• Puisne Judges (Associate Judges): Sir Robert Chambers, Mr. Stephen Caesar Lemaistre, and Mr. John Hyde.

The court was located in Fort William, within the British settlement of Calcutta, which was then the capital of the Bengal Presidency.

Jurisdiction and Powers

The Supreme Court at Fort William had both civil and criminal jurisdiction, and its authority extended over:

• All British subjects residing in Bengal, Bihar, and Orissa.
• Persons employed by the East India Company or under its service.
• Other inhabitants of Calcutta (within the limits of the settlement), irrespective of their origin or religion.

Civil Jurisdiction: The court could hear civil cases involving contracts, property disputes, and commercial transactions. It applied English law and equity in its proceedings.
Criminal Jurisdiction: The court had authority to try criminal offences committed by British subjects or persons under their employment. It could impose punishments, including fines, imprisonment, or even death sentences.
Admiralty and Ecclesiastical Jurisdiction:

• The court exercised admiralty jurisdiction over maritime matters.
• It also had ecclesiastical jurisdiction, dealing with wills, succession, and matrimonial issues concerning Christians.

The Court and the East India Company

While the court was intended to uphold justice, its broad jurisdiction soon led to serious conflicts between the judiciary and the executive, particularly with the Governor-General and Council of Bengal, headed by Warren Hastings.
The judges, applying English law rigidly, often clashed with the Company’s administrative authorities who governed the vast Indian population under traditional laws and customs. This created confusion and resentment among both Indian subjects and Company officials.

The Nand Kumar Case (1775)

One of the most controversial episodes in the court’s history was the trial and execution of Maharaja Nand Kumar, a Bengali official who accused Governor-General Warren Hastings of corruption. Nand Kumar was tried under English law for forgery of a bond, found guilty by a jury, and executed by hanging in August 1775.
The case created a public outcry as it was seen as a miscarriage of justice and an example of judicial overreach. Critics accused Chief Justice Elijah Impey of colluding with Hastings to eliminate a political opponent. The incident exposed deep flaws in the functioning of the court and heightened tensions between the judiciary and the colonial administration.

Conflict over Jurisdiction

Another major issue arose from the court’s attempt to extend its authority beyond Calcutta to the entire Bengal Presidency. The application of English law to Indian inhabitants, who were unfamiliar with British legal concepts, led to widespread dissatisfaction and confusion.
The court’s interference in revenue administration and local governance caused administrative paralysis and resentment among Indian officials. The situation deteriorated to such an extent that the British Parliament was compelled to intervene once again.

The Act of Settlement, 1781

To resolve these conflicts, the Act of Settlement of 1781 (also known as the Amending Act of 1781) was passed by the British Parliament. This Act curtailed the powers of the Supreme Court and clearly defined its jurisdiction:

• The court’s jurisdiction was restricted to Calcutta and did not extend to the entire province of Bengal.
• It could exercise authority over British subjects only, not over Indians unless they consented voluntarily.
• Matters relating to revenue collection and policies of the East India Company were exempted from the court’s interference.
• Indian personal laws (Hindu and Muslim laws) were to be respected in cases involving inheritance, marriage, and religious matters.

The Act of Settlement restored administrative harmony between the judiciary and the executive, laying the groundwork for a more balanced legal system in British India.

Significance of the Supreme Court at Fort William

The establishment of the Supreme Court of Judicature at Fort William had far-reaching consequences for India’s legal and administrative history:

1. Foundation of Modern Judiciary: It marked the beginning of an organised judicial system based on rule of law, judicial independence, and codified procedures.
2. Introduction of English Legal Principles: The court introduced English common law, which profoundly influenced the later development of India’s judicial institutions.
3. Conflict and Reform: The jurisdictional conflicts it triggered led to crucial legislative reforms, such as the Act of Settlement (1781), which balanced judicial power with administrative authority.
4. Precursor to Later Judicial Bodies: The Supreme Court of Fort William served as a model for later courts established in Madras (1801) and Bombay (1823). These courts eventually merged into the High Courts created under the Indian High Courts Act of 1861.
5. Evolution of Legal Dualism: The court’s operations introduced a dual system of law — one for Europeans (based on English law) and another for Indians (based on personal and customary law) — a system that persisted throughout the colonial period.

Legacy

The Supreme Court of Fort William, Calcutta, though controversial, played a crucial role in shaping India’s colonial judicial framework. Its establishment represented the British Crown’s first serious attempt to impose judicial order and accountability over the East India Company’s administration.
The lessons learned from its conflicts and limitations guided subsequent reforms, leading to the development of a more structured, codified, and equitable judicial system. Its successor institutions eventually evolved into the High Courts and, after independence, the Supreme Court of India (1950) — the nation’s highest judicial authority today.