British Period

The English East India Company

English people came to India in 1601 as a ‘body of trading merchants’. On 31st December, 1600
the Queen of England Queen Elizabeth I granted a charter to the East India Company for the
purpose of trade into and from the East Indies ...in the countries and parts of Asia and African
countries, for a period of fifteen years….subject to a power of determination on two years notice
If trade was found beneficial with the East Indies.

Charter of 1600

The provisions of the charter were only in connection of trade and were not intended for
acquisition of dominion in India. The legislative authority was given to the authority to enable it
to regulates its own business and maintain discipline amongst its servants.

Charter of 1609

In this year James I granted a fresh charter. In the year of 1612 the English people established
their settlement of the company in Surat during the regime of Emperor Jahangir (1605-1627).
Surat was one of the most important centers of trade and commerce on the Western cost of India.

In 1615 the king authorized the company to issue such commissions to its Captains in only the
cases of capital offence, like willful murder, and mutiny. A jury board of 12 servants of the
Company will give the verdict. The company was given this power to maintain the discipline
during the voyages.

In 1618, Sir Thomas Rao, Ambassador of King James I and the Mughal Emperor signed a treaty
where the some privileges were given to the Company. These are—

 The disputes amongst the Company’s servants will be regulated by their own tribunal.
 The English people will enjoy their own religion and laws in the administration of the
Company.
 The native local authorities will settle such disputed cases in which Englishman and
Muslims or Hindus were the parties.
 The Mughal governor or Qazi of the relevant place will protect the English people from
all sorts of oppression and injury.

Charter of 1661

The Charter of 1661 was granted by Charles II. During the rule of Charles II, the company
entered into a period of prosperity. The company changed its character from a trading body into
a territorial power extending the privileges and powers. This company was authorized to appoint
Governors and other officers for proper administration. The Charter further authorized the
company to empower the Governor and Council of each of its factories or trading centers at
madras, Bombay and Calcutta to administer with respect to the persons employed under them
both civil and criminal justice according to the English law.

Charter of 1726
The Charter of 1726 was issued by King George 1 by way of granting Letters Patent.

A. Main Provisions of the Charter:

1. Establishment of Corporation :
• Structure of the Corporation
• Election of the Mayor
• Dismissal or Removal of the Mayor
2. Establishment of Mayor’s Court:
• Structure of Mayor’s Court
• Court of Records
• Power to declare Legal heir
• Procedure of Mayor’s Court:
3. Right to appeal
• Time Limitation of Appeal
• Pecuniary Jurisdiction of Appeal
4. Structure of the Civil Judiciary
a. Privy Council or Kings Council
b. Governor in Council
c. Mayor’s Court
5. Criminal Judiciary
a. Justice of the peace
b. Court of Quarter Session
c. Governor-in-Council
d. Privy council

a. Justice of the peace

Structure: consisted by the 5 senior member of the company
Power : A justice of the peace could arrest persons accused of committing crime, punish those
who were guilty of minors crime.
b. Court of Quarter Session
Structure: Three judges of the Justice of the Peace were formed the court of quarter sessions.
Power : The court were sitting four times in a year to try and punish each and every criminal
offence except high treason.
c. Governor-in-Council:
Structure : consisted by Five senior member of the company.
Power: try only high treason

B. Consequence of the Charter 1726

a. Abolition of Court Admiralty
b. Enlargement of the powers of Mayor’s court
c. Introduction of the concept of uniform judicial machinery for justice in India
d. The courts established under the Charter of 1726 were Royal Courts.
e. The Charter played an important role in introducing English common and statute
law in India.
1757- Victory of the East India Company against Nawab Shirjuddullah.

1764-At the Historic Battle of Buxar, Mir kashem defeated by the East India Company and
Established of the Sovereign Power of the East India Company in Indian Subcontinent.

1765-

Lord Clive Appointed as Governor of Bengal. Also appointed as the Chief of the Army.

Lord Clive Entered into a contract with Mughal Emperor Shah Alam subject to the provision
that from the very beginning of the August 1765 the East India Company receive all rent from
Bangla, Bhihar ,Orissa.

In Accordance with the Contract the East India Company shall bound to pay the 26 Lakhs
Rupees to the Mughal Emperor and 53 lakhs Rupees to the Nawab on condition that Nawab
Should not have any control towards army and all powers regarding the controlling to the army
shall be vested to the East India Company.

 Dual Government System in Bengal

After Granting the Diwani the East India Company obtain the power to Collect the Revenue and
administration of Civil Justice.

Lord Clive observed that the Responsibility for the collection of revenue through the English
people will have to face more difficulties.

For that very reason the administration of Civil Justice and Collection of Revenue left in the
natives hand under supervision of the company and also appointed two prominent natives
Mohammed Reza Khan and Raja Shitab Roy as Company’s Diwan at murshidabad and Patna.
Two Separate English Officer were also appointed to supervise the working of the Mohammed
Reza Khan and Raja Shitab Roy.

This typical System of power and Responsibility are called Dual Government system.

 Warren Hastings’ Plan-1772

Appointment of the Collector for each Unit

Moffusil Diwani Adalat

Sadar Diwani Adalat

Small Cause Adalat

Moffusil Faujdari Adalat

Sadar Nizamat Adalat

Safeguard of the Personal Laws

  Defects of the Warren Hasting Plan

Less Number of Courts: It was necessary to have more subordinate courts keeping in view the
population and the area of each district. But in fact there was only one subordinate court for civil
case and one for criminal case.

Concentration of power: Administrative, tax collector, and judicial fonctions in the hand of the
collecter. The collector was the civil judge as well as judge of the criminal court.

The Regulating Act, 1773

 Main Objects of the Regulating Act, 1773:

There were increasing political demand in England that the government should take over the
company’s possession in India by introducing Regulating Act, 1773, which was introduced by
Lord North on May, 18, 1773 in the House of Commons as Regulating Bill. Its three main
objects were to—

(i) reform the constitution of the Company;

(ii) to reform the Company's government in India; and

(iii) to provide remedies against illegalities and oppressions committed by the servants of the
Company in India.

 Causes for taking over the company

1. Public opinion against company gathered momentum in England

2. Corruption amongst the servant of the company

3. Complicated administrative problem of the dual government

4. Lack of proper judicial administration.

5. Lack of central authority to control and guide the affairs of the company

6. Deteriorating financial condition of the company and its heavy debts

7. Company’s defeat in1769 at the hand of Haider Ali of Mysore

8. Terrible famine in Bengal which took a heavy toll of its population

9. The company applied for a loan of one million pounds in 1772

10. Salient Features of the Regulating Act, 1773

(a)Election for Directors : The Regulating Act introduced vital changes in the Constitution of the
Company, the Directors of the Company were elected for a period of four years, one-fourth of
them were to retire every year and the retiring Directors were not entitled to be elected again.
The voting qualification :

The voting qualification was raised from holding a stock of £500 to £1,000. An unfortunate
feature of the new provision was that those possessing a stock of £ 3,000 were given two votes,
while those possessing a stock of £10,000 were given four votes each.

(b) Control over correspondence: In order to assert Parliament's control over the Company, the
Directors were required to place regularly all their correspondence, regarding civil and military
affairs with the Indian authorities, before the Secretary of State. All correspondence relating to
revenues in India was required to be placed before the Treasury in England.

(c) Appointment of Governor-General and Council: The Regulating Act made certain important
alterations in the structure of the Company's Government in India. A Governor General and four
Councilors were appointed for the look after of the administration and Military affairs of the
Presidency of Fort William in Bengal. The Governor of Bengal was designated as the Governor-
General of Bengal.

(d) Decision by majority present: The Act stated the names of the first Governor-General and
four Councilors. Warren Hastings, who was Governor of Bengal, was appointed the first
Governor-General. Their term of office was for five years and the King was empowered to
remove them even earlier on the recommendation of the Court of Directors.

(e) Extent of G.G.'s power : The Governor-General in-Council was given all the powers to
govern the Company's territorial acquisitions in India, to administer the revenues of Bengal,
Bihar and Orissa.

(f) Bombay and Madras under control of G.G.: The Presidencies of Bombay and Madras were
placed under the control and superintendence of the Governor-General-in-Council. The
Governor-General and the Council were to keep the Court of Directors fully informed of all their
activities affecting the interests of the Company and they were also to work in entire obedience
to the orders and instructions of the Court of Directors.

 Establishment of Supreme Court

(g) Establishment of the Supreme Court of Judicature: Section 13 of the Regulating Act
empowered the Crown to establish by Charter a Supreme Court of Judicature at Fort William in
Calcutta.

Constitution of supreme court: The supreme was to consists of a chief justice and three judges.
Being a barrister of not less not five years standing to be appointed as a judge by His Majesty. It
was further provided that the supreme court would have full power and authority to exercise all
civil, criminal, admiralty and ecclesiastical matters.

Immunities of the G.G. and his council: The Regulating Act specifically state that the supreme
court will be incompetent to exercise it criminal jurisdiction over the G.G. and his council.

Judge of the Justice of the peace & quarter session: The G.G. and his council and the judges of
the supreme court act as a judge of the justice of the peace as well as judge of the court of
quarter session.
Appeal: Appeal shall lies from Supreme court to king-in- council or Privy Council.

 Lord Cornwallis Plan

Lord Cornwallis came to India in September 1786 and continued as Governor General up to
1793.

Before accepting his appointment as Governor General, Cornwallis laid down Two conditions,
that the governor General will have power to override the council and the office o9f then
governor general and the commander in chief will be united under one person.

Certain Specific instruction were given to Lord Cornwallis in three matters: First, deal with
problem of revenue, Secondly improvement of the administrative machinery, thirdly, to
introduce the reforms in the judicial system.

In the Judicial System Cornwallis introduced reforms in three installment- in 1787, 1790, 1793.

 Judicial Plan of 1787

The existing 36 district were re-organaised and reduced to 23.

In each district a English servant was appointed as collector.

The collector was made in charge of the revenue collection of the district, and all revenue cases
arising were assigned to the court, known as mal adalat to be presided over by the collector.

The Collector was to discharge each part of his duties in the capacity of collector, judge or
magistrate, separately according to the department to which it belonged.

The office of the Moffussil Diwani Adalat was also to be held by the collector to decide civil
cases.

The cases of the Inheritance, marriage, caste, and other religious usages were to be decided by
the personal law of the parties.

The collector was also to act as the magistrate of the district. In this capacity, he was empowered
to arrest criminals, try and punish for petty offences by punishment not exceeding 15 days.

Appeal from the decision of Mal Adalat lay to the Board of Revenue at Calcutta and then to the
Governor General in council.

Appeal from Moffussil Diwani adalat were allowed to preferred to the sadar diwani adal if the
amount involved was more than Rs 1000. A further Appeal lay to the King in Council in cases
where the subject matter involved was Rs 500 or more.

Regarding serious or grievous offence, the collector, as magistrate, was empowered to send or
refer the criminal to the nearest Muffusil foujdari Adalat for trial.

• Judicial Plan of 1790

 a) Sadar Nizamat adalat was shifted to Calcutta from Murshidabad.

b) The G G and member of his council presided over the Sadar Nizamat Adalat.

c) The G G and member of his council were to be assisted by the Chief kazi and two Muftis
who expounded the law and issue of fatwa.

d) The Sadar Nizamat adalat was the appellate court and its decision was final.

e) The existing Mufassil Faujdari Adalat were abolished.

f) The whole territory of Bengal, Bihar, Orissa was divided into four Divisions of Patna,
Calcutta, Murshidabad and Dacca.

g) A court of Circuit consisting of two English officers and assisted by Kazis and Muftis were
was established at each division to try criminal cases.

h) The G G and member of his council was authorized to appoint and remove the judges of the
circuit court.

i) The circuit court was a moving court and it proceeded fro district to district within the
division to try accused person of the criminal offences.

j) An appeal from circuit lay to the Sadar Nizamat adalat, where sentence of Death were
awarded.

k) Blood Money was abolished. cruel punishment like eye for eye was abolished.

• Judicial Plan 1793

Cornwallis Code:

Separations of Judicial and Revenue Function

Reorganization of the Civil Courts

Native Law officer

Court to Control Executive Machinery

Abolition of Courts fees

Reforms in Criminal Court

Legal Profession

Uniform pattern of regulation

Permanent settlement of land Revenue

 The Indian High Court Act 1861

 The Indian High Courts Act passed by the British Parliament on 6 th August 1861 and titled as “
An Act for establishing High Court Judicature in India).The main function of the Act was to
abolish the supreme Court and the Sadar Diwani Adalat and Sadar Nizamat Adalat in the Three
presidency town.

Main provisions of the Act:

 Constitution of the Court

 Appointment of Judges

 Tenure of the Judges

 Jurisdiction of the Court

 Powers of the high Court in respect to subordinate court

 The Government of India Act, 1935

The British Parliament by enacting Government of India Act, 1935, gave a new constitution to
regulate the function of the legislature, executive and judiciary of the India.

Main provisions of the Act relating to the High Court:

 Number of Judges

 Removal of the Judges

 Qualification of the Judges

 Jurisdiction of the Judges

 Salaries

 Administrative Control

 Appeal

Federal Court : The Federal Court of India was a judicial body, established in India in 1937
under the provisions of the Government of India Act 1935, with original, appellate and advisory
jurisdiction. It functioned until 1950, when the Supreme Court of India was established. The seat
of the Federal Court was at Delhi. There was a right of appeal to the Judicial Committee of the
Privy Council in London from the Federal Court of India.