British Administration in India: 1639-1726 Development
undefined
Charter of 1600= Formation of
British East India Company.
Constitution=Governor+25
Directors elected for every year.
Tenure = 15 years but power to
revoke charter was with British
Crown after giving notice of 2
years.
Limited legislative powers given.
Charter of 1609 monopoly of EIC made
perpetual but company’s could be
terminated with 3 years notice if
company involves in something which is
against the interest of the British
Government.
Royal Grants of 1615 & 1623=1615
grant allows company to direct each
voyage commander to punish employee
for capital offence with the capital
punishment.
Grant of 1623 allows the company
to inflict with capital punishment
for servants doing capital offences
in
land
also.
Grant of 1615 and 1623 had
strengthen the position of EIC in
India.
In early days the administration of
justice in the settlement East India
Company was not a high order.
There was no separation between the
executive and the judiciary the
judiciary was under the control of the
executive the judges were not a law
expert.
The company gave lesser importance
to the judicial independence fair
justice and rule of law.
The administration of justice and
developments of courts and judicial
institution during this period may
discussed under the following
headings
–
1600 to 1726 is the first period.
1726 to 1773 is the second period.
Administration of justice and
development of East India
Company (presidency town)
.
Surat was the identified as
commercial trading centre by EIC
as International port was situated
there.
The Portuguese were in occupation
of the place.
The clash of 1612 between the
Britisher's & Portuguese ousted the
later.
Accordingly the first factory of ESI
was established in Surat.
The factory was within the Mughal
empire so they are to take permission
from them to carry on the trade and
business.
In 1615 EIC (Sir Thomas) was
successful to get some concession
from the Mughal king & few of them
are:
i.
Englishmen are allow to live in
Indian territory according to their
own laws and religion.
ii.
Dispute between the Englishmen is
allowed to settled
inter-se
.
iii. Dispute between the Englishmen
and natives is to be settled by the
local laws.
iv. Kazi is under the duty to
safeguard the interest of the
Englishmen.
British Settlement of Madras &
Administration of Justice
In 1639 Francis Day acquire a piece of land
from a Hindu Raja for the East India
Company and constructed a factory.
The area of the factory came to be known as
while town mostly Englishmen were residing
there
.
The people residing in the village Madras-
Patnam were mostly Indians and therefore it
came to be known as
Black Town
.
The Whole Settlement Consisting of white
town and black town came to be known as
Madras
The administration of justice in Madras
developed in three stages.
Stage I
Land was acquired in Madras for
establishment of factory from Hindu King in
1639.
EIC constructed Fort St. George in 1640
which was known as white town.
Nearby villages of local people was known as
Black Town.
White town & Black town was Madras.
White town agent and council were
empowered to decide the civil and criminal
cases
.
Choultry Courts were functioning to
decide the petty disputes by the native
judges called Adhikari.
Charter of 1661 empowered EIC to
appoint Governor and Council who are
to decided civil and criminal cases of all
persons of company
.
SATGE II
Later on, 1678 the whole judicial
administration was re-organized.
High Court of Judicature
established who sat
twice in week and try civil and criminal cases
with help of jury and also hear appeals from
Choultry Courts.
Old Choultry courts were reconstructed.
Adhhikari was replaced by the English
officers.
They sat twice in week and tried civil cases
within 50 pagodas, appeal lies to Governor
and Council.
STAGE III
Admiralty Court
was established in 1686
headed by Judge Advocate
.
This court consisting of 3 people one who
knows civil laws and tw0 merchants.
This court dealt with cases of maritime,
mercantile, trespass, injuries in high seas,
forfeiture and seizure ships and goods.
Rules of equity, good conscience and laws
and customs and the court dealt with all
civil and criminal cases of city till 1704.
MAYORS COURT
In the year 1687 Company established
Madras Corporation and Mayor’s Court
was the part of this corporation.
Court consisting of 1 Mayor and 12
Aldermen.
Mayor hold office for one year.
Aldermen elected Mayor annually.
British Settlement of Bombay
& Administration of Justice
Bombay was under Portuguese in 1534.
Portuguese give it ad dowry to King
Charles II. (Married to Portuguese king’s
sister)
Charles II could exercise power from
England therefore he transferred it to EIC
on annual rent by Charter of 1668.
Administration of Justice in
Bombay
PHASE I (1668-1683)
Charter of 1668
“ Empowers EIC to form laws and
ordinances to for administration in
Bombay and also to exercise judicial
control through its governor and officers”.
Initially it was under control of President
and Council of Surat and the Governor of
Surat was Ex-Officio Governor of Bombay.
It was in 1669 Deputy Governor and
Council was given control of BOMBAY.
JUDICIAL REFORMS OF 1670
Portuguese Laws and Customs were
allowed to continue the Island of Bombay.
It was divided into two divisions.
One division consisted of
Bombay,
Mazgaon and Girgaon.
The other comprised of
Mahim, Parel,
Sion and Worli.
Court of judicature
was established for
each division at
Bombay and Mahim
.
Each court consisted of Five Judges.
Three judges formed the quorum of the
court
Court of Judicature could
determines
cases of small thefts and all civil actions
up to 150/-.
Appeal against the judgment lies to court
of Deputy Governor and Council.
NEW JUDICIAL PLAN OF 1672-
Portuguese laws was abolished.
Court of Judicature
was established in two
division (BOMBAY & MAHIM)
Jurisdiction over all Civil a and Criminal
and Testamentary cases
JUSTICE OF PEACE
(Administration of
Criminal Justice System) (Bombay, Mahim,
Mazagaon and Sion)
Court of Conscience
to decide petty civil
cases.
Development of British administration in India from 1639 to 1726 under the British East India Company, including the formation, charter, legislative powers, judicial system, and establishment of trading centers like Surat. The administration of justice and court developments during this period are highlighted, showcasing the early stages of British rule in India.
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Presentation Transcript
MODULE II DEVELOPMENT OF ADMINISTRATION BY THE BRITISH IN INDIA (PERIOD 1639-1726)
Charter British East India Company. Constitution=Governor+25 Directors elected for every year. Tenure = 15 years but power to revoke charter Crown after giving years. of 1600= Formation of was with notice British of 2
Limited legislative powers given. Charter of 1609 monopoly of EIC made perpetual but company s terminated with company involves in something which is against the interest Government. Royal Grants of 1615 grant allows company to direct each voyage commander to punish employee for capital offence punishment. could notice be if 3 years of the British & 1623=1615 with the capital
Grant of 1623 allows the company to inflict with capital punishment for servants doing capital offences in land also. Grant of 1615 strengthen the position of EIC in India. and 1623 had
In early days the administration of justice in the settlement East India Company was not a high order. There was no separation between the executive and the judiciary was under the control of the executive the judges were not a law expert. The company gave lesser importance to the judicial justice and rule of law. judiciary the independence fair
The administration of justice and developments of courts and judicial institution during this period may discussed under headings 1600 to 1726 is the first period. 1726 to 1773 is the second period. Administration development of Company (presidency town). the following of justice East and India
Surat commercial trading centre by EIC as International port was situated there. The Portuguese were in occupation of the place. The clash of 1612 Britisher's & Portuguese ousted the later. Accordingly the first factory of ESI was established in Surat. was the identified as between the
The factory was within the Mughal empire so they are to take permission from them to carry on the trade and business. In 1615 EIC (Sir successful to get from the Mughal king & few of them are: i. Englishmen are Indian territory according to their own laws and religion. ii. Dispute between the Englishmen is allowed to settled inter-se. Thomas) some was concession allow to live in
iii. Dispute between the Englishmen and natives is to be settled by the local laws. iv. Kazi is under safeguard the Englishmen. the duty of to interest the
British Settlement of Madras & Administration of Justice In 1639 Francis Day acquire a piece of land from a Hindu Raja for the East India Company and constructed a factory. The area of the factory came to be known as while town mostly Englishmen were residing there. The people residing in the village Madras- Patnam were mostly Indians and therefore it came to be known as Black Town. The Whole Settlement Consisting of white town and black town came to be known as Madras The administration of developed in three stages. justice in Madras
STAGE I 1639-1678 STAGE II 1678-1683 STAGE III 1683-1726
Stage I Land establishment of factory from Hindu King in 1639. EIC constructed Fort St. George in 1640 which was known as white town. Nearby villages of local people was known as Black Town. White town & Black town was Madras. White town agent empowered to decide the civil and criminal cases. was acquired in Madras for and council were
Choultry Courts were functioning to decide the petty disputes by the native judges called Adhikari. Charter of 1661 empowered EIC to appoint Governor and Council who are to decided civil and criminal cases of all persons of company.
SATGE II Later administration was re-organized. High Court of Judicature established who sat twice in week and try civil and criminal cases with help of jury and also hear appeals from Choultry Courts. Old Choultry courts were reconstructed. Adhhikari was replaced officers. They sat twice in week and tried civil cases within 50 pagodas, appeal lies to Governor and Council. on, 1678 the whole judicial by the English
STAGE III Admiralty Court was established in 1686 headed by Judge Advocate. This court consisting of 3 people one who knows civil laws and tw0 merchants. This court dealt with cases of maritime, mercantile, trespass, injuries in high seas, forfeiture and seizure ships and goods. Rules of equity, good conscience and laws and customs and the court dealt with all civil and criminal cases of city till 1704.
MAYORS COURT In the year 1687 Company established Madras Corporation and Mayor s Court was the part of this corporation. Court consisting of Aldermen. Mayor hold office for one year. Aldermen elected Mayor annually. 1 Mayor and 12
British Settlement of Bombay & Administration of Justice Bombay was under Portuguese in 1534. Portuguese give it ad dowry to King Charles II. (Married to Portuguese king s sister) Charles II could exercise power from England therefore he transferred it to EIC on annual rent by Charter of 1668.
Administration of Justice in Bombay PHASE I (1668-1683) PHASE II (1684-1690) PHASE III (1718-1726)
PHASE I (1668-1683) Charter of 1668 Empowers ordinances Bombay and also to exercise judicial control through its governor and officers . Initially it was under control of President and Council of Surat and the Governor of Surat was Ex-Officio Governor of Bombay. It was in 1669 Deputy Governor and Council was given control of BOMBAY. EIC to to form administration laws and in for
JUDICIAL REFORMS OF 1670 Portuguese Laws and Customs were allowed to continue the Island of Bombay. It was divided into two divisions. One division consisted of Bombay, Mazgaon and Girgaon. The other comprised of Mahim, Parel, Sion and Worli. Court of judicature was established for each division at Bombay and Mahim. Each court consisted of Five Judges. Three judges formed the quorum of the court
Court of cases of small thefts and all civil actions up to 150/-. Appeal against the judgment lies to court of Deputy Governor and Council. Judicature could determines
NEW JUDICIAL PLAN OF 1672- Portuguese laws was abolished. Court of Judicature was established in two division (BOMBAY & MAHIM) Jurisdiction over all Civil a and Criminal and Testamentary cases JUSTICE OF PEACE (Administration of Criminal Justice System) (Bombay, Mahim, Mazagaon and Sion) Court of Conscience to decide petty civil cases.
