EMERGENCE OF EAST INDIA COMPANY:

DEVELOPMENT OF AUTHORITY UNDER

CHARTERS
➢ 1583 A.D. – 3 English merchants- Ralph Fitch, James Newsberry and William
Heeds – visited India.
➢ Britishers got information about wealth of India from writings of Ralph Fitch
➢ on 24 Sept. 1599 – some merchants of London held a meeting- formed a
company.
➢ company applied to crown for trade with East Indies.
➢ On 31st December, 1600 Queen Elizabeth issued a charter and they incorporated
East India Company.
➢ all the members of company constituted themselves as general court – it was to
elect annually the Court of Directors – consisted of a governor and 24 directors.
➢ court of directors were to be elected by general court for one year but any of them
might be removed from his office by the general court even before expiry of his term
of office.
Object of Company:
➢ to promote British trade and commerce in Asia.
➢ company was conferred only those powers which were necessary to regulate its
business and maintain discipline among its servants – and they were not at all
adequate for governance of any territory.
➢ when they came India – they found Indian kings disunited and unaware of modern
politics- and the company gradually and gradually inclined to acquire territories in
India.
➢ at the time of its incorporation its object was only commercial but later on it
became political also.
➢ company gave less importance to judicial independence, fair justice and rule of
law as there was no separation between executive and judiciary and judiciary was
under control of executive, judges were not law experts.
➢ The administration of justice and development of courts and judicial institutions
during this period may be discussed under the following heads:
1) 1600-1726 : first period
2) 1726-1773 : second period
3) Administration of justice and development of East India Company – presidency
town.
 East India Company: The Governor and Company of Merchants of London
Trading into the East Indies

Formed in 1599.
A company of London Merchants.

It was incorporated in England on 31 December 1600, by a charter of queen

Elizabeth which defined its constitution, powers and privileges. Management of the
company vested in the hands of Governor and 24 Directors.
 British Settlement of Surat and Administration of Justice (1613 – 1687)
Why Surat was recognised as fit for trade and commerce
It was an important commercial centre and enjoyed the status of an international port
under the Moghul Emperor Jahangir.
Establishment of Surat Factory
❑ Portuguese were already in occupation of Surat and they could not tolerate any
interference in their commercial activities by the British. Therefore the two clashed
in 1612 and Portuguese were finally ousted from this trading centre.
❑ Surat was the first place where the English Company established its factory.
❑ Factories established by the East India Company were the trading centers of the
company where its servants called the ‘factors’ lived together and were provided free
boarding and lodging. These included warehouses and residential houses of the
company.
Law and Justice in Surat

The king of England, James I, sent Sir Thomas Roe to India in 1615- to
secure certain concessions from the Moghul Emperor. He reached Mughal
Darbar at Agra in 1615 and succeeded in securing the following important
concessions for the English company from the Moghuls:-
1) The English were allowed to live in accordance with their own laws and
religion.
2) Disputes among Englishmen were to be settled by their own tribunal.
3) Disputes between the English and Natives were to be settled by the local
native authorities.
4) All cases of complaints and controversies relating to the English were to
be looked into by Kazi, who was to safeguard their interests and ensure
justice for them.
5) Kazi was directed to treat the English with respect and courtesy.
6) Most outstanding contribution of Sir Thomas Roe was to secure to the
English the right of self government. The English were exempted from
the operation of the local laws in their matter.
 CHARTER OF 1600
• East India Company – incorporated in England- on December 31, 1600, by a
charter of queen Elizabeth which defined its constitution, powers and privileges.
• Management of the company vested in the hands of Governor and 24 Directors.
• It was granted exclusive privilege of trading with the East Indies from the Cape of
Good Hope to the Strait of Mageltan and other British subject were prohibited from
interfering with this privilege of the Company.
Organization:
• The company was to have a life span of 15 years. Charter could be revoked also by
the British Crown on two years notice, if company’s commercial activities were not
found profitable to British Trade and Commerce.
• Exclusive trading rights to company - India, Asia, Africa and America fall within
their geographical limits.
• 1 Governor and 24 Directors- formed Court of Directors- which was to be elected
every year by the general court – directors could be ousted even earlier by the
general court if they were considered unfit or inefficient.

Legislative Power:
• Charter authorised the company to make bye-laws, ordinances etc.
• only petty punishments were given to servants.
• Directors were not eligible to provide capital punishments to servants.
• to enhance legislative power, charter of 1609 was created.

King’s Committee:
Chief of ship can give punishment if there is indiscipline on the board. But can’t give
capital punishment, if he wanted to give he should seek advice from whole jury.
 CHARTER OF 1609
• Capital punishment being allowed
• Renewed by British King James I on May 1st , 1609.
• Now, the company’s tenure could be terminated with 3 years notice in case it was
detrimental to the British interests.

CHARTER OF 1615
• Being issued on 16 December, 1615.
• related to sea – offences created on ship, the Chief could punish them.

CHARTER OF 1623
• Related to land
• authorized the company to issue commissions to its Presidents and Chief Officers
to punish the erring servants on land.
BRITISH SETTLEMENT AT MADRAS & ADMINISTRATION OF JUSTICE
(1639-1726)

First Phase Second Phase Third Phase

(1639-1665) (1678-1686) (1686-1726)

➢ In 1639, Francis Day acquire a piece of land from a Hindu raja for the East India
Company and constructed a fortified factory
For Englishmen and other Europeans – White Town
Mostly Indian people residing in village Madras-pattnam/Masulipattam – Black
Town
Whole settlement consisting white town and black town – came to be known as
Madras.
➢ Madras was first presidency town to be established by the Britishers in India.
FIRST PHASE: (1639-1665)

Administrative set-up
• Madras was given the status of an agency and its administrative head was called
the ‘Agent’. Company appointed the agent and his councils. Agent administered the
settlement with the help of council.
• It was subordinate to Surat, which was the only Presidency in India at that time.
 MADRAS

WHITE TOWN BLACK TOWN

1) English people used to live in 1) Indian natives used to live in

White town. Black town.
2) Court – Agent and Council Court. 2) Court – choultry courts,
3) These court decide both civil and headman – Adigar/ adhikari
criminal cases and serious cases 3) These court decide only petty
were sent to England for advise of cases and criminal and serious
company. matters of crime were sent for
4) Powers were not clearly defined advise of local sovereigns (raja).
which rendered justice vague and 4) These court were also responsible
uncertain. to maintain law and order.
Judicial System
• Justice was dispensed to the inhabitants of the white town by the agent and council.
• The scope of their judicial power was very vague and indefinite and, therefore, they
hesitated in handling serious criminal cases and very often referred such cases to the
company’s authority in England for advice.
• As communication between India and England in those days took a long time,
administration of justice became very dilatory and unsatisfactory.
• The only available account of a case disposed of during this period is that of two
Englishmen who were found guilty of sedition and punished with the lash.
• Though Raja had left responsibility to administer black town to the English, they
did not evince much interest in this respect.
• No regular judicial tribunal was established and the old, traditional, indigenous
system, which had been operating in the village of Madraspattam before the advent
of the British, was allowed to continue. (Choultry Court)
No Established Procedure
• Native Judges were layman in deciding cases according to their notion of justice.
• Choultry Court could decide only petty cases; for trial of serious cases arising in
black town there was no established procedure or forum.
Charter of 1661:
Introduced two significant changes in judicial administration:-
1) Judicial powers were centralized in the Governor and Council, who was also
the head of company’s executive government; and
2) The administration of justice was to be carried out according to the laws of
England – advantageous for Englishmen but detrimental to the interest of
Indian natives whose local traditions, customs, usages were completely
disregarded.
It conferred extensive judicial power on the Governor and Council of settlement –
did not become immediately operative in Madras. Thus, there occurred no change in
the judicial set up and status quo was maintained in this place for sometime.

o [A criminal case in 1665, however, proved to be turning point in this respect. Mrs.
Ascentia Dawes, a lady was accused for murdering her slave girl.
o case referred to Agent and Council, who being uncertain about its competence to
try this case referred it to the authorities in England.
o company decided to make the Charter of 1661 effective in Madras, and, to this end
raised the agent to the status of the Governor. Such step was necessary because the
charter vested judicial power in the Governor, and not in the Agent and Council.
o one of the effects of applying Charter of 1661 was that the judicial power of the
Governor and Council became extended not only to Englishmen but to all living in
settlement.
o Therefore, after great consideration, the company decided that the agency of
Madras should be upgraded as presidency of Madras, so that the agent and council
would become the president and council and will be empowered to try Mrs. Dawes
Case.
o However, Mrs. Dawes was not found guilty by the jury and was consequently
acquitted.
o this case is important because it was for the first time that the absence of legal
expert in the administration of justice was considered to be most disastrous by the
company’s administrators.
SECOND PHASE: (1678-1686)
➢ Second phase of evolution of judicial system in Madras commences from 1678
when Streynsham Master became the Governor of Madras.
➢ He reorganized entire judicial administration of Madras and introduces reforms in
the working of courts.
➢ The Court of Governor and Council which was created in 1666 consequent to
Mrs. Dawes Case, was not functioning properly.
➢ To eliminate long delays in civil and criminal cases, it was provided that:-
i) The court would hold its sitting twice a week.
ii) And, in deciding criminal cases - take the help of a jury of 12 persons.

High Court of Judicature

(this court was designated as High court of Judicature, which was inaugurated on
27th March 1678 and was to follow English law and procedure)
CHOULTRY appeal HIGH COURT
COURT OF JUDICATURE

• Adigars were • Consisting of

replaced by Governor and
Pay Master, Council
Mint Master, • sentences –
Custom properly
Master recorded
• Twice a week
• Decide upto
50 pagodas and
minor criminal
cases
Working of Choultry Court was also reorganized.
• Native law officers namely ‘the Adigars’ were replaced by the english servants of the company-
known as Pay Master, Mint Master, Custom Master.
• All the three were sit as judges in the Choultry Court twice a week.
• They could decide cases (matters of peace and civil action) upto 50 pagodas and criminal cases
of minor nature.
An
appeal
from this
court lay
to the

High Court of Judicature (which consisted of the Governor of Madras and his Council).
• Thus hierarchy of courts was created for the first time in Madras by Streynsham Master’s
judicial plan of 1678.
• High Court of Judicature could not directly entertain a case which was triable by Choultry
Court. It had appellate jurisdiction.
• All the sentences passed by these courts were to be properly recorded.
➢ Despite these changes in the administration of justice, the working of the court
of Governor and Council did not improve much as the persons in charge had their
own doubts about their competence and jurisdiction and referred the case to
England which consumed considerable time and caused delay and hardships to
under trials – this necessitated further reforms in the judicial administration.
THIRD PHASE: ( 1686-1726)

2 Courts

Admiralty Court Mayor Court

By charter of
By charter of
1687 and
1683 and
established on
established in
29th Sept.
1686.
1688.
Establishment of Admiralty Court:
➢ Reasons for establishment were:
i) There was increase in crime of piracy (act/crime of attacking ships in order to
steal from them).
ii) Company needed judicial authority to end private trading by unauthorized.
➢ Through the Charter, the company was authorised to establish more than one
court at places deemed necessary.
Constitution of Admiralty Court:
i) Total three senior servant.
one – judge advocate (legal expert and well versed in civil law)
other two – assistants who were local Indian natives.
ii) Sir John Biggs was appointed as Judge Advocate.
iii) Jurisdiction – maritime, civil, criminal, mercantile, wrongs on high seas,
trespass etc. were dealt by this court.
iv) Appeal from Mayor court laid to the Admiralty Court till 1704 as after this
Admiralty Court stopped functioning and after that appeal laid to the Governor and
Council Court.
v) It became the General Court of Madras where cases were decided on the basis of
Justice, equity and good conscience.
vi) The Admiralty Court functioned well up to 1704, and in 1704, the company
decided to keep the office of Judge Advocate vacant and finally court stopped
functioning.
Establishment of Mayor Court:
➢ It was created for the purpose of associating natives with Englishmen.
Constitution of Mayor Court:
i) It consisted of an English Mayor, 12 Aldermen and 60 or more Burgesses
(inhabitants of a town).
ii) Out of 12 Aldermen, three were to be English and other could be of any
nationality.
iii) Tenure : Mayor hold office for 1 year and elected annually by aldermen from
amongst themselves. Aldermen hold office for lifetime or till their residence
in Madras.
iv) Appeals from decisions of Mayor Court laid to Admiralty Court; if in case
value of civil case exceeds 3 pagodas and, in criminal cases- where offender
sentenced to death or loss of limb with the help of jury.
v) It could award sentence of imprisonment or fine.
vi) Sitting – once in fortnight (two weeks or 14 days).
vii) Mayor Court also constituted Court of Record headed by Sir John Biggs.

Thus after 1704, three distinct courts were functioning; namely:-

• Mayor court
• Choultry court
• Governor and Council court
This system continued up to 1727 when a Mayor Court was established under
Royal Charter of 1726. The whole justice system was at rudimentary stage in
early British Settlements in India.