The judicial system of India is a legacy that spans over 250 years, evolving from a tool of colonial administration to the powerful, independent protector of the world’s largest democracy.
1. The Colonial Genesis (1773 – 1861)
The formal history of the Indian judiciary began with the Regulating Act of 1773, passed by the British Parliament to bring the East India Company’s activities under government oversight.
- 1774: The First Supreme Court: Established at Fort William, Calcutta, the Supreme Court of Judicature was the first of its kind. It consisted of a Chief Justice (Sir Elijah Impey) and three puisne judges, Lord Chambers, Lord Hyde, and Lord Lemaitre.
- Expansion: Similar Supreme Courts were later established in Madras (1800) and Bombay (1823).
- The Conflict: During this era, there was a confusing “dual system.” The British Crown ran the Supreme Courts in presidency towns, while the East India Company ran the Sadar Adalats (provincial courts) in the mofussil (rural) areas. This often led to jurisdictional clashes.
2. The Unification and High Courts (1861 – 1935)
Following the Revolt of 1857, the British Crown took direct control of India. To streamline the messy dual court system, the Indian High Courts Act of 1861 was passed.
- Abolition of Supreme Courts: The old Supreme Courts and Sadar Adalats were abolished and merged.
- The Big Three: High Courts were established in Calcutta, Bombay, and Madras in 1862.
- Growth: In 1866, the High Court of Allahabad was established. These courts became the highest judicial bodies in their respective provinces, with appeals lying only to the Privy Council in London.
3. The Federal Court Era (1935 – 1950)
As India moved toward self-governance, the Government of India Act 1935 introduced a federal structure.
- 1 October 1937: The Federal Court of India: This court was established in Delhi to resolve disputes between provinces and the federal government, and to interpret the 1935 Act.
- Bridge to Independence: It functioned for 12 years and served as the direct precursor to the modern Supreme Court. Sir Maurice Gwyer was its first Chief Justice.
4. The Republic and the Modern Supreme Court (1950 – 1990s)
On January 26, 1950, the Constitution of India came into force, and the Supreme Court of India was born. Its first sitting took place on January 28, 1950.
- Inaugural Strength: Originally, the court had only 8 judges (including the Chief Justice, H.J. Kania).
- Guardian of the Constitution: Unlike the British era, the Supreme Court was now independent of the executive. Under Article 32, it became the protector of Fundamental Rights.
- Basic Structure Doctrine (1973): In the landmark Kesavananda Bharati case, the Court ruled that Parliament could not amend the “basic structure” of the Constitution, cementing its role as the ultimate check on political power.
5. The Era of Activism and Expansion (1990s – 2025)
In the last few decades, the judiciary has undergone significant shifts in how it functions and how judges are appointed.
- The Collegium System (1993): Through the “Second Judges Case,” the Supreme Court created the Collegium system, where judges appoint judges, ensuring independence from political interference.
- Judicial Strength: To handle a massive backlog of cases, the number of judges was gradually increased. As of 2025, the sanctioned strength stands at 34 judges.
- Digital Transformation: By 2025, the Indian judiciary has embraced “E-Courts.” Landmark changes include:
- Live-streaming of Constitutional Bench proceedings.
- Neutral Citations for all judgments to standardize legal research.
- AI Integration for translating judgments into regional languages.
Summary of Evolution
| Period | Key Institution | Authority |
| 1774-1862 | Supreme Court of Judicature | Regulating Act 1773 |
| 1862-1937 | Chartered High Courts | Indian High Courts Act 1861 |
| 1937-1950 | Federal Court of India | Govt. of India Act 1935 |
| 1950-Present | Supreme Court of India | Constitution of India |
The journey from a colonial court in Calcutta to the 51st Chief Justice of India in 2025 reflects India’s transition from a subject state to a sovereign republic governed by the Rule of Law.
