History of High Courts

Unlike the other High Courts in the country or the Hon'ble Supreme Court, the three Presidency High Courts at Calcutta, and what were then Bombay and Madras were not brought into existence by the Constitution of India or even any Act of a legislature.

The three Presidency High Courts including the High Court at Calcutta were brought into existence by Royal Charter, a Letters Patent, issued by the Queen under her sign manual and privy seal, as authorized by the High Courts Act, 1861, a colonial legislation.

The Letters Patent gave the High Courts including the High Court at Calcutta the same power as the High Court in England had, at that time. It therefore could do equity and issue writs including those that we have become familiar with under Article 226 of the Constitution of India.