-

CHARTER OF 1660

Background:

  • After the Restoration of Charles II in 1660, the East India Company sought to renew and expand its privileges in India.
  • The 1660 Charter was granted by King Charles II.

 Provisions:

  1. Renewal of Trading Rights:

    • It reaffirmed the East India Company’s monopoly over trade in the East Indies.

  2. Judicial Powers Granted:

    • Governor and Council were authorized to exercise civil and criminal jurisdiction over British subjects.
    • First legal recognition of Company's judicial authority.

  3. Laws to Align with England:

    • The Company could establish courts and enact laws not inconsistent with English law.

  4. Right to Punish:

    • Company officials could punish crimes, including capital punishment, after due process.

Significance:

  • First time the Company was given judicial authority over English subjects in India.
  • Set the foundation for the later dual system of Company Adalats and Crown courts.

CHARTER OF 1661

Background:

  • Granted again by King Charles II to strengthen the Company’s administrative powers, especially after acquiring Bombay from the Portuguese through the marriage treaty with Catherine of Braganza.

Provisions:

  1. Transfer of Bombay:

    • Bombay was transferred from the British Crown to the East India Company (received as dowry from the Portuguese).

  2. Full Sovereign Powers:

    • The Company was empowered to make laws, impose fines, and imprison and try cases.
    • Company got full executive, legislative, and judicial authority over Bombay.

  3. Appointment of Officers:

    • The Company could appoint governors, judges, and magistrates to govern and administer justice.

  4. Power of Martial Law:

    • Empowered to declare martial law in times of rebellion or war.

Significance:

  • Marked the beginning of Company Rule in territories owned by them.
  • Bombay became the first territory directly governed by the Company.
  • A significant constitutional shift as the Company gained quasi-sovereign powers.

 CHARTER OF 1726

Background:

  • Prior to 1726, judicial systems in the Presidency towns (Calcutta, Bombay, Madras) were inconsistent.
  • The Charter of 1726 was issued by King George I to bring uniformity.

Provisions:

  1. Establishment of Mayor’s Courts:

    • Set up Mayor’s Courts in Bombay, Madras, and Calcutta.
    • Consisted of a Mayor and 9 Aldermen (Company officials and merchants).
    • Had civil jurisdiction over the Presidency town.

  2. Court of Record:

    • Mayor's Court was made a court of record, with power to fine and imprison.

  3. Appeals:

    • Appeals from Mayor’s Court went to the Governor-in-Council.
    • Further appeal lay to the King-in-Council (Privy Council in England).

  4. Criminal Jurisdiction:

    • Criminal cases were dealt with by the Governor and Council with the assistance of English jurors.

  5. Application of English Law:

    • English law was to be applied as far as possible, consistent with local circumstances.

Significance:

  • First step towards a uniform judicial system in the Presidency towns.
  • Introduced formal British legal institutions in India.
  • Separated the executive and judicial powers (rudimentary stage).
  • Laid the foundation for the Anglicized legal system that developed over the next 200 years.


 CHARTER OF 1753 (Reform of Mayor’s Courts)

 Background:

  • Due to complaints of bias and inefficiency in Mayor’s Courts under the 1726 Charter.

 Provisions:

  1. Revised Composition:

    • Mayor’s Court composition and terms revised to ensure more professional and neutral functioning.

  2. Jurisdiction Expanded:

    • Allowed broader jurisdiction over British and Indian subjects, especially in commercial matters.

  3. Governor-in-Council Appeals Retained:

    • The Governor continued to act as an appellate authority.

 Significance:

  • Attempted to fix administrative corruption and judicial incompetence.
  • An important step in colonial legal reform before the Supreme Court (1774) was established.

Table

Charter Year Key Impact
Charter of 1660 1660 First grant of judicial powers to Company officials
Charter of 1661 1661 Company given sovereign powers to govern Bombay
Charter of 1726 1726 Established Mayor’s Courts, brought judicial uniformity
Charter of 1753 1753 Reformed Mayor’s Courts due to complaints


Comments

Post a Comment

Popular posts from this blog

Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District

-
Image
  Topic: Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District  Author ~ Chandan sha   I. INTRODUCTION Water is a crucial natural resource, especially in ecologically sensitive areas like the Darjeeling district of West Bengal. The increasing challenges of water pollution, depletion of clean water sources, and climate change have exacerbated the need for sustainable water management. Rural areas, where government infrastructure is often limited, rely significantly on local communities for maintaining water quality and ensuring sustainable usage. This research explores the impact of community involvement in water conservation and pollution control efforts in Darjeeling. Through a blend of doctrinal and empirical analysis, this study focuses on legal provisions, local initiatives, and administrative participation to understand the current status and scope of improvement. The ac...
Read more

“Law in My Mind, Justice in My Hand"

-
“ Law in My Mind, Justice in My Hand” In Labour Law, I see the fight, For equal pay and worker’s right. No child at work, no unjust strain, The law steps in to stop the pain. The Constitution, bold and grand, Gives rights to all across the land. From speech to vote, from faith to life, It calms the storms, it ends the strife. Environment Law, a growing plea, To save the sky, the land, the sea. No trees to cut, no waste to spill, Protect the Earth—we always will. A student now, I read and write, To stand for truth, to stand for right. In every case and every clause, I walk the path of noble laws. AUTHOR ~ CHANDAN SHA BBA LLB  🔖  Blog by Chandan Sha  | For more legal insights, stay tuned to  Study on Law Hills .
Read more

Public Trust Doctrine: Protecting Natural Resources for All

-
Image
Public Trust Doctrine: Protecting Natural Resources for All Author: Chandan Sha  Introduction The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations . This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest. Origin of the Doctrine The doctrine started in Roman law , where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India. In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s. Article 48A added to Constitution of India through ...
Read more