The Regulating Act of 1773 was a landmark in the legal and constitutional history of India. It brought the East India Company's affairs in India under direct control of the British Parliament and Crown. It established the Supreme Court of Fort William in Calcutta to reform the judicial administration and provide remedies against abuses committed by Company servants. The Act extended the terms of Company directors, restricted voting rights, and prohibited officials from private trade. It empowered the Crown to issue a charter establishing the Supreme Court, headed by a Chief Justice, with jurisdiction over civil, criminal, admiralty and ecclesiastical cases according to principles of equity and good conscience.

3. TOPIC –
REGULATING ACT, 1773
&
SUPREME
COURT AT FORT WILLIAM
( CAlCUTTA)

4. The company had assumed real power of the
government of Bengal, Bihar, Orissa after the battle
of Plassey, and Buxer in 1764 . The demand of a loan
by the Company cautioned the British government
further & a committee was appointed by British
parliament to investigate the affairs of company in
Bengal. The reports of committee revealed the
serious defects in its reports about judicial
administration & government working. These
reports ultimately led to the enactment of the
Regulating Act of 1773 which is a landmark in yhe
development of legal & constitutional history of
India.

5. 1) To bring the management of the Company under the
direct control of British Parliament & the British
crown.
2) To inroduce reforms in the Company’s constitution at
home i.e. in England.
3) To bring about reformation of Company’s Government
in India.
4) To provide adequate remedies against attrocities and
oppressions committed by the servants of the
Company in India.

7. A) Changes in the Constitution of the Company –
1) Directors Term Extended – The Regulating
Act extended term of directors. Twenty Four Directors
were elected annually & their tenure to last for four
years & one-fourth of them were to retire every year by
rotation.
2) The Proprietors Qualification Raised –
The voting power was restricted only those
shareholders who had a stock of 1000 pound instead of
500 pound.

8. a) British Parliament Control – The main object of this Act is
to control affairs of the company by the British Parliament. So
this Act intended to bring parliamentary control in two way –
1) Company bound to submit dispatches in affairs related to
civil & military affairs to the Board of Directors in England.
2) The Act again provided that all company govt. in India
bound to submit dispatches in relation with revenue affairs to
Board of Directors in England.
b) The Regulating Act raised the status of Governor in council at
Bengal, Bihar & Orrisa. The govt. at other presidencies were
given under the control at Supreme Council at Calcutta.

9. Establishing Supreme Court at Calcutta -: The
Regulating Act empowered the British Crown to establish a
Supreme Court at Fort William (Calcutta) by issuing a Charter
in 1774.
Other Changes -:
a) Prohibition against private trade -: Section 23
of Regulating Act provided that, Governor General the
members of the Council & Judges of the Supreme Court were
prohibited from accepting presents, gifts or engaging
themselves into private trade.
b) Similar provision made for the servants of the company.
c) Violation of rules of the Regulating Act was punishable by
court of King in England.

11. As stated earlier, the Regulation Act empowered the British
Crown to establish a Supreme Court at Fort William by issuing
a Charter.
The British King George 3rd issued a Charter on March 26,
1774 which established a Supreme Court at Calcutta. It was a
Crown’s Court. Sir Elijah Impey was appointed as the Chief
Justice of the Supreme Court at Fort William (present Kolkata).
The Charter of 1774 contemned detailed provision regarding
the appointment & removal of the Judges as well as the
jurisdiction, powers & functions of the Supreme Court in
accordance with the Regulating Act.

12. The Supreme Court was to consist of a Chief
Justice & three puisne Judges to be appointed by the
Crown. Only those persons were appointed as Judges who
were barrister of not less than five years standing.
The supreme Court was a Court of Record. It
was conferred extensive jurisdiction over civil, criminal,
admiralty & ecclesiastical cases. It was also a court of
equity therefore it was given power to administer justice
according to the principles of equity & good conscience.

16. 3) Ecclesiastical Jurisdiction -: This court also exercised
jurisdiction over British subjects residing in Bengal, Bihar & Orissa in
the same manner as it was exercised in the Diocese of London.
4) Equity Jurisdiction -: The Supreme Court was to be Court of
Equity under the Charter of 1774 & could administer justice
according to the principles of justice, equity, good conscience.
5) Writ Jurisdiction -: The Supreme Court, being a superior court,
could issue writs to courts & officers subordinate to it which
included the Court of Collector, Courts of Requests, Quarter
Session, Sheriffs etc.
6) Provision for Appeals -: Appeals from the decision of supreme
court could be taken to the King-in-Council in England, within 6
months of the date of judgment.