The Common Law in India - College of Social Sciences and ...

42 The Common Law in IndiaThe independence of the judiciaryAungier, the Governor, inaugurating the Court ofJudicature in Bombay in 1672, said: "Laws thoughin themselves never so wise and pious are but a deadletter and of little force except there be a due andimpartiall execution of them." He admonished thejudges that " You must doe them all Justice, eventhe meanest person of the Island." 46 That was theenunciation of a principle which has been the bulwarkof the common law, the independence and impartialityof the judiciary.In the early days of the Company's settlements thejudges were civil servants of the Crown, and in theGovernor and Council were combined the executive,legislative and judicial functions. With the comingof the King's Court the judges gradually became independentof the executive, being appointed by theCrown. In the early days of the Supreme Court thejudiciary in the Presidency Towns was put even overthe local legislature which then consisted of theGovernor and his Council. The court was investedwith the power of registering the regulations madeby the Governor and his Council and it was onlythe regulations registered by the court which had theeffect of laws enforceable in the courts.The Cossijurah case, an account of which has beengiven by Sir James FitzJames Stephen, 47 and theechoes of which were heard in Parliament towardsthe end of the eighteenth century, tells us of the46 Fawcett, op. cit., pp. 52-55.47 J. F. Stephen, The Story of Nuncomar and the Impeachmentof Elijah Impey, Vol. 2, p. 209.