Early Administration of Justice in India

This presentation explores the early administration of the justice system in India, focusing on the period from 1600 to 1698. It covers key charters issued during this time, the transition from trade to territorial power, and the administration of justice in Bombay, Madras, and Calcutta. The historical context and evolution of the judicial system are discussed to provide a comprehensive view of early political structures in India. Join me in this educational journey to enhance my communication and speaking skills. Your support and feedback are greatly appreciated.

1. EARLY ADMINISTRATION OF JUSTICE SYSTEM IN INDIA

2. Charter: it is a written document which contains set of rules and is imposed on the colonies of Britain in the 17 th Centuries. (Issued by the KING/QUEEN) Charter of 1600 Queen Elizabeth I approval to EIC (East India Company) for Trade in India for 9 years. Portuguese and Dutch. Charter of 1609 (James I) Extension of 15 years the trade/ business as it was successful. That the disputes among the company servants will be regulated by their own tribunal. Their own religion and British law for judgement. Governor/ Kazi will protect English people from all sorts of oppression. Royal Commission was established for capital offences.

3. Charter of 1635 (Charles I) Courten’s Association (new company) was established as a trading rival against EIC (old company) for trade. Dispute between old and new. Charter of 1657 (Oliver Cromwell) • Merger of both Courten’s and EIC into a single company… • Different Joint Stocks were merged in one. • It created a Joint Stock Company

4. Charter of 1661 (Charles II) • Expansion of trade to different presidencies in India. • Voting rights were given to company members 1 vote.. • Company Territorial judicial system was established. • From trade to territorial power. Transition from Trading Body to Territorial Power. Charter of 1668 (Charles II) • Charles II transferred the island of Bombay in 1669, which he got as a dowry from Portugal to the EIC for an annual rent of 10 pounds. • Bombay was originally a portages territory.

5. Charter of 1683 (Charles II) • Company was given power to raise military forces • Judicial power was also given and merchants were appointed for civil cases. • Company establish Admiralty Courts to handle Maritime cases. (Cases related to transport in sea). Charter of 1686 (James II) • Company Courts were established. • The officers had power to exercise Martial Law. • Mayors Court was established in Madras in 1687 Charter of 1693: EIC progressed and due their disputes with Crown a new company i.e. GENERAL SOCIETY was established in 1693 which due to conflict later Lord Godolphia unified. Charter of 1698: Willian III… Court of Directors and authority of new unified company

6. ADMINISTRATION OF JUSTICE IN BOMBAY, MADRAS AND CALCULLTA Madras History: White Town and Black Town: British people and company people. Black Town is resided with locals Raja Hindu Chief: Given Madras to Francis Day where Fort George was established First Stage: (1639-1665) Second Stage: (1666-1685) Third Stage: (1686-1726)

7. First Stage:(1639-1665)   Second Stage:(1666-1685)   Third Stage:(1686-1726)   WT: Agent & Council (Common Sense Justice) Both cases (Cr and Civ )  BT: Choultry Court (Judge: Village Head i.e. Adgir )  Defects: No definite power to agent and council.  There were no lawyers only merchants.  Judiciary and executive were not separate.  Not existence of proper procedure.  Charter of 1661 replace agent and council to governor and council and all powers were given to them. Governor and Council (Sovereign)  Establish High Court of Judicature: Jury and full jurisdiction.   Appeals from Choultry court went to HC of J..  HC sat twice a week and practise English law.   Choultry Court was replaced by 3 english officers and sat twice a week.(limit matters upto 50 pagoda(currency))   Court of Admiralty and Mayor’s Court were established (Reasons) Co of Admi… only company allowed to trade and also exercise judicial power in the matters of the company. Separate Body named Court of Admirility was established to judge the company matters and maritime affairs.  Merits Separation of Executive and Judiciary Powers: G and C = Executive Admiralty Crt = Judiciary  Professional lawyers become judges and practised in Admirility Court. Merits Demerits Proper regulation established   Jurisdiction of both courts was written Governor and Council was sovereign.  Judges were not qualified  Used English law and not personal law of India.  Serious Crimes i.e. murder. Privy Council (England) which is lengthy process  No separation of executive and judiciary

8. 2. Bombay History: In 1534 the Island of Bombay was acquired by the Portugese King Alijonsus from the King of Gujrat Sultan Bahadur. Then King Dom Jaou IV transfer Bombay as dowry to Charles II for marrying his daughter. Rent of 10 pounds will go to ENGLAND. First Stage: (1668-1683) Second Stage: (1684-1690) Third Stage: (1718-1728)

9. First Stage 1668-1683 Second Stage 1684-1690 Third Stage 1718-1728 Governor: Gerald Aungier Divided in 2 parts: Mazgaon and Girgaon Court of Custom Officer (Jr) 5 Judges Entire Jurisdiction  Civil cases Minor till 200 Xeraphins (currency)  Criminal cases: Minor till 5 Xeraphins (currency)   Court of Deputy Governor and Council (Sr)  Appellate Court : Appeals from Court of Custom officer went to this court.   JUDICIAL PLAN 1672 New System 1. Court of Judicature : Judge: George Wilcox Once in a week sitting  2. Court of Conscience Judge: George Wilcox Quick Justice Petty Cases Civil till 20 Xerphins (currency)  3. Court of Appeals Judge: Deputy Governor and Council.  “If you want to challenge the judgement of Court of Judicature, come to this court”. Admirility Court : Judge: St. John (Court of Judicature) John Child used to oppose St John.. Conflict: Governor and Council V/s Admirility Court In 1685 All powers from St. John were Seized and given to Vaux (who was substitute). Later St John was dismissed and sent back to England. Sir J Wyborne was appointed in Admirility Court. SIDDHI YAKUB invaded Bombay and capture Bombay 1690-1718 was called as the Dark Period of Bombay Court of Judicature: Governor: Charles Borne (G and C is powerful) Judges appointed by G and C. 9 members : 5 English and 4 Indian. Once in a week. Indians: Black Justice. Entire Jurisdiction and huge powers. Court of Deputy Governor and Council Appeals allowed in Court of Deputy Governor in Council amounting to 100 Xeraphim and above. Quick Justice: 48 hrs deliver Judgement. Trial was not by Jury Law was vague because only English law was practise. Personal laws were ignored. Civil cases were dominating by Debt Recovery. Branding Whipping imprisonment during Pleas is common. Court used to take decision on mere suspicion. Capital Punishment was very common.

10. 3. Calcutta: History: EIC acquired Zamindari Right on river Hugly and Fort William was established. 2 adjoining villages Govindpur and Calcullta was acquired from Azim Ush Shah. Revenue Civil Criminal Collector: Punish Defaulters: Whipping Court of Cutchery presided by collector and civil cases were decided by him Faujdari Court by Collector and the appeals from this court went to Governor and Council. Punishment: Whipping, fine and Death Sentence (Whipping to Death)

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