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Charter of 1600

The East India Company, established by a charter from Queen Elizabeth in 1600, marked the beginning of legal history in India, granting the company exclusive trading rights and limited legislative powers. Subsequent charters, particularly the 1661 Charter, expanded the company's judicial authority, allowing it to administer justice according to English law and impose severe punishments, including the death penalty. The establishment of the Surat factory in 1612 further solidified the company's presence in India, although judicial administration faced challenges due to the lack of legal expertise among company officials.

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19 views5 pages

Charter of 1600

The East India Company, established by a charter from Queen Elizabeth in 1600, marked the beginning of legal history in India, granting the company exclusive trading rights and limited legislative powers. Subsequent charters, particularly the 1661 Charter, expanded the company's judicial authority, allowing it to administer justice according to English law and impose severe punishments, including the death penalty. The establishment of the Surat factory in 1612 further solidified the company's presence in India, although judicial administration faced challenges due to the lack of legal expertise among company officials.

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parvezabdulrauf804
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We take content rights seriously. If you suspect this is your content, claim it here.
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Charter of 1600, The emergence of East India company stand out

a unique event in the history of India.Indian real legal history


started with the coming of East India company.

Emergence of East India Company


The official title of the East India Company was “The governor
and the company of merchent of London trading into the
East Indies”.
The title was incorporated in England on 31 December 1600 by
a charter from Queen Elizabeth which set out its
constitutional power and privileges.The company was to have a
life span of 15 years, but the charter could be canceled by the
crown at 2 years’ notice if the charter was not profitable to the
realm.

The company was to enjoy exclusive trading rights that extended


from the Cape of Good Hope to the Strait of Magellan. No
permission was given to any other company to trade in the area
without the permission of the company. Unauthorized British
merchants were liable to confiscate their goods and ships.The
affairs of the company were to be conducted democratically.

All its members were from a ‘General Court’, which was to


elect the Governor’s ‘Court of Directors’ every year and 24
directors to manage company affairs. The Governor and the
Director were to hold office for one year, the ‘General
Court’ could remove any member before the expiry of his term
and elect a new person to fill the vacancy.

Legislative Powers
Charter authorised the company to make law and order for its
good governance, servants and better business. Law and
punishment must be justified and these laws should not be in
accordance with the law of England.Punishment for violation of
law can only be fine, confiscation and imprisonment.

They were not given any harsh punishment like the death
penalty.Thus the legislative power given to the East India
Company was limited.

King’s Commission
The company soon found that it’s legislative power was not
sufficient for maintain the offences done by the servents.
To meet the situation they empowered a king’s commission to
inflist capital punishment. A law Made by the company for
Punishment the murder and mutiny cases called “the law
Martial”. The first of such commission was issued by queen
elizabeth on the 24 January,1601 to captain lancaster for the
first voyage.

Power to Issue Commission Granted to the


Company
To put an end to the practice of giving a separate royal
commission for each voyage, on December 14, 1615, King
James I granted the Company a general power to issue such
commissions to its captains, provided that a capital offenses were
committed.

In the case of, such as willful murder and mutiny, the verdict
must be found by a jury of twelve servants of the company. When
business establishments were established by the company in
India, the need for equal powers was felt to maintain discipline
among the employees of the company on the land.

Therefore, on February 4, 1623, James I gave the Company


the power to issue commissions to them, including death, subject
to the provision that “if any of its president or chief officer is to
be authorized at its disposal the sentence of death ..” He may be
given “substantial authority to punish offenses committed on
land by British servants of the Company, and to enforce
discipline between his servants both on the high seas and of
mutiny, murder or other felonies after trial by jury.” But to
enforce the appropriate punishment.The company was equipped
from Indian soil.

Charter of 1661 | Further Power


to Company
The Charter of 1661, which gave the Company wide powers to administer
justice in its settlements,had a significant impact on the development of
the judicial system in India. The Company begged the Council of State in
England to give its Presidents in India and the Councils of England the
power to enforce obedience to all Englishmen living under their
jurisdiction and to punish offenders according to the laws of England.

The Company argued that it was for years without the proper authority to
enforce obedience between English subjects within their limits.
Consequently, on April 3, 1661, Charles II granted the company a new
charter, authorizing the governor and council of each factory to judge all
persons, whether belonging to or living under the company.

for all reasons, civil or criminal, in accordance with the laws of England,
and to execute judgements accordingly. In a place where there was no
governor, the main factor was his and the council sending criminals to be
punished, either in a place with a governor and paid council, or in
England.

Wide Powers | Charter of 1661


The Charter of 1661 gave a factory governor and council more extensive
judicial power than the Charter of 1600. While the power under the former
Charter was restricted in relation to individuals.

Charter of 1600 applied only to the employees of the Company, and with
respect to punishment, as it could not impose the death penalty.the
power under the Charter of 1661 was not extended only for the
employees of the Company but also for all persons living in the settlement
of the Company; It authorized all punishments including the death
penalty.

Thus the Governor and the Council could also provide justice to the
Indians living in the settlement and could take cognizance of every civil or
criminal case.

While the Charter of 1600 was primarily intended to provide for the
maintenance of discipline among the Company’s servants, the Charter of
1661 had a broader approach; Its purpose was to create a judicial system
for the company’s territorial assets. The charter clearly indicated that the
company was no longer just a trading entity, but was on its way to
becoming a regional power.

Features & Wide Powers | Charter


of 1661
Two features of the Charter of 1661 can be highlighted. First, judicial
power was given to the governor and council of a factory, which meant
the executive government of that place And secondly,justice was
required to be administered according to the english law.

Thus the Charter did not draw any boundary line between the executive
and the judiciary. It was necessary for the British to administer justice,
was a security and a privilege for the British and it shows how strongly the
right of the British to be governed by English law was protected.

Even the first charter of 1600 stipulated that the laws to be made by the
Company could not be contrary to the laws of England. With regard to the
Indians, however, the provisions of the Charter of 1661 laid down English
law. have not worked to their advantage.

The Charter placed them under English law and did not reserve for them
its specific and distinct laws, customs and practices. It would be seen later
that the Charter of 1661 How it influenced the administration of justice in
India.

SURAT FACTORY

The company needed to set up some factories on Indian soil. The company chooses Surat as a
suitable location to set up a factory. At that time Surat was an important trading center and
popular city within the Mughal Empire. It was a good international port. The Portuguese had
already established themselves and were enjoying their trading rights but in 1612 there was a
war between the British and the Portuguese. Ultimately the Portuguese were defeated and
consequently in January 1613 the British were able to establish their factory in Surat with
the permission of the local governor.

Judicial administration in Surat.


The East India Company established 1st factory in Surat in 1612. British
crown sent an ambassador Sir Thomas Roe to the Mughal Emperor to request
to grant certain facilities to the English man in India. In 1615 the Mughal
Emperor, on the pleading of Sir Thomas Roe, issued a Firman. The Mughal
Emperor allowed the Englishman to live according to their own religion and
laws and to settle disputes among themselves by their president. However,
the conflicts between an Englishman and an Indian were to be decided by the
native Judges.
The white town before 1665 Madras was not a presidency town, and it was
subordinate to Surat. The administrative head was called ‘Agent’, and he was
to administer the settlement with the help of the Council. The severe criminal
cases were referred by them to the Company’s authorities in England for
advice. But there were defects. The judicial power of the agents and Council
was vague and indefinite, and many delays. Also, they did not have any
elementary knowledge about the law. They were Merchant. There was no
separation between executive and judiciary.
The president of the Surat factory and members of His Council constituted a
court to decide a dispute between the Englishman interest by their own laws
and customs. They were to decide both civil and criminal cases.
Capital offences were dealt with by a jury. There was no separation between
executive and judiciary. The president and the members of his Council who
were to decide cases and administer justice were a merchant. They did not
have even elementary knowledge of English law.
The cases were decided by them according to their wisdom, common sense.
And the native judges were corrupt, bribery rampant. They had no request for
law and justice.
Surat was the chief trading centre till 1687. But after that, it lost its
importance because, in 1687, the headquarters of the president. The council
were transferred from Surat to Bombay.

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