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History of Courts · Unit 1

Administration of Justice 1600–1780, the Regulating Act 1773 and the Settlement Act 1781

Unit 1 of History of Courts, Legislature and Legal Profession (syllabus: Module I — the Royal Charter of 1600 and the King’s Commission of 1601; the Mayor’s Courts and the Charter of 1726; the changes made by the Charter of 1753; Warren Hastings’s judicial plans of 1772 and 1774 and the separation of 1780; the Regulating Act 1773, the Supreme Court at Calcutta under the Charter of 1774 and its working; Kamaluddin’s Case, the Patna Case, Cossijurah’s Case, the trial of Raja Nandakumar and Saroop Chand’s Case; the Act of Settlement 1781; Impey’s reforms and the judicial reforms of Lord Cornwallis). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • How did a trading charter of 1600 grow into a power to try capital offences by 1633?
  • What did the Charter of 1726 create, and why is its appeal route the single most examinable feature?
  • What were the main provisions of the Regulating Act 1773?
  • What were the defects of the Regulating Act 1773, and why was conflict built into it?
  • How did the Supreme Court and the Supreme Council come into conflict, and what did each leading case decide?
  • On what grounds is the trial of Raja Nandakumar criticised?
  • What did Warren Hastings's judicial plans of 1772, 1774 and 1780 do, and what did Impey add?
  • Was the Act of Settlement 1781 a settlement or a surrender?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

  • Regulating Act 1773, s. The provisions on jurisdiction and applicable law
  • Regulating Act 1773, s. The jurisdiction of the Supreme Court over British subjects in Bengal and Orissa

Leading cases

Full case summaries

Exam questions on this unit