East India Company Case Study
Civil Jurisdiction- The Supreme Court had original jurisdiction in all civil cases restricted to the following persons in Bengal, Bihar and Orissa: The British subjects residing in Bengal, Bihar and Orissa, the East India Company or any other person directly or indirectly in the service of the Company, any of the Majesty’s subjects who either resided or held property in the provinces of Bengal, Bihar and Orissa, the Mayor and Alderman of Calcutta, any other inhabitant of Bengal, Bihar or Orissa who agreed in writing to any of the Majesty’s Subject to be subjected to the Supreme Court’s jurisdiction in a dispute exceeding Rupees Five …show more content…
2.4 Defects of the Regulating Act, 1773
Even though the framers of the Regulating Act, 1773 had the best intentions in mind to devise a system of an effective and efficient government for British India, the results were not as expected. The Act suffered from various difficulties. The main reasons included the defective drafting of the Act as well as the lack of experience of the policy-framers in the day-to-day affairs in India. These led to constant conflicts between the Supreme Court and the Governor-General and members of the Council.
The following are the defects in the Regulating Act, 1773:-
1. Conflict between the Governor-General and his Councillors- The Regulating Act, 1773 provided for the appointment of a Governor-General and four Councillors. While the Governor-General (Warren Hastings) and one Councillor (Richard Barwell) were amongst the servants of the Company working in India, the other three Councillors (Clavering, Monson and Francis) were sent from England. So while Hastings and Barwell were well acquainted with the conditions of India, the other three Councillors had no knowledge and were ignorant of the Indian affairs. As a result, they started opposing the policies of the Governor-General who in the absence of any veto power was always opposed by the Councillors. As a result, there was a great deal of conflict