0% found this document useful (0 votes)
379 views17 pages

History Project

The document discusses the settlement of Madras and the origins of the Madras Presidency. It describes how Francis Day was sent by the East India Company in 1639 to find a suitable location for a new settlement, as their existing settlements were facing difficulties. Day discovered the village of Madraspatnam, which became the site of the new settlement. Over time, the settlement grew and came under full control of the East India Company, eventually becoming the Madras Presidency, which encompassed a large region of southern India under British administration.
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
379 views17 pages

History Project

The document discusses the settlement of Madras and the origins of the Madras Presidency. It describes how Francis Day was sent by the East India Company in 1639 to find a suitable location for a new settlement, as their existing settlements were facing difficulties. Day discovered the village of Madraspatnam, which became the site of the new settlement. Over time, the settlement grew and came under full control of the East India Company, eventually becoming the Madras Presidency, which encompassed a large region of southern India under British administration.
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 17

SETTLEMENT IN MADRAS

Submitted by: SAGRIKA Roll no: 450 2nd semester

Submitted to: Dr. Priya Darshini Faulty of History

Acknowledgement

This is to state that I (SAGRIKA, ROLL 450) completed my first semester project work of HISTORY on topic SETTLEMENT IN MADRAS.

This project would have not come to an end successfully without the help of many distinguished and undistinguished personalities. I sincerely acknowledge the help rendered to me by our faculty of history, DR.PRIYADARSHINI. She has helped me a lot whenever I needed any sort of assistance and guidance related to the topic. I acknowledge the sincere help of our library staffs and our net centre in charge, who by rendering me help in locating appropriate resources to collect materials. It is a good platform to recognize the help and guidance furnished to me by many persons I this regard; I heartily acknowledge their help and support rendered to me, without the help of the above mentioned personalities and many unrecognized people this project would never been completed.

SAGRIKA 450

CONTENTS

1. INTRODUCTION 2. THE STORY 3. MADRAS PRECIDENCY 4. FIRST PHASE:JUDICIARY ELEMENTARY STATE 5. SECOND STAGE:COURT OF GOVERNOR AND COUNCIL COURT OF JUDICATURE 6. THIRD STAGE:ADMIRALTY COURT MAYORS COURT 7. CONCLUSION 8. BIBLIOGRAPHY

4 5-6 6-7 8-9 10-11

12-15

16 17

INTRODUCTION

The East India Company was formed to do buisness with the East Indies.East India Company is also known as East India Trading Company,English East India Company then British East India Company.The oldest among several similarity formed European Esat India Companies,the Company was granted an English Royal Charter ,under the name Governor and Company of Merchants of London Trading into East Indies ,by Elizabeth . Company first started business at Surat,Agra,Ahmadabad,and Broach,and Surat factory become the main head office.In the year 1639 firt time Company got the power and right to mint money and govern Madras on condition that half the customs and revenues of port should be paid to the grantor. In the year 1658 company paid 380 pagodas as kings shares.Later In the year 1672 the amount was increased to 12,00 pagodas and company first time got the full unrestricted power and control over madras including justice.Later company added more villages with the same rights. In 1752 ,company got full control over Madras and that remaining India was controlled by Muslim or Hindu kings.In 1698 the company purchased at the cost of 12,00 rupees a year the right of zamindar over the three villages of Sutanati,Calcutta,and govindpur.the fortified factory was named Fort William in honor of the King,and in 1700 became the seat of a precidency.By giving bribe,company got complete control over all three villages including Hindu as well asMuslim people,indirectly company became owner,ruler of those villages.Like company got full power at their three towns Madras,Bombay, and Calcutta which were came to be known as Precidency Towns. With the Precidency Towns our judicial history started to grow.In the beginning at Precidency towns ,the judicial system was their only to administer the Englishmen,and as towns made progress population of Hindu and Muslim people grew.And company had to make adjustments,changes to administer these people in their English Legal System.

THE STORY:BEGINING

Three hundred years ago, Madras, under the name of 'Madraspatnam' was a tiny rural village on the Coromandel Coast. Scattered about in the neighbourhood there were other rural villages, such as Egmore, Vepery, and Triplicane, which are crowded districts in the great city of Madras today. In Triplicane there was an ancient temple, a centre of pilgrimage, dating, like many village temples in India, from very distant times; this was the Parthasarathy temple, which is the 'Triplicane Temple' still. A little fishing village called Kuppam, lying directly on the seashore, sent out, even as Kuppam does now, its bold fishermen in their rickety catamarans in perilous pursuit of the spoils of the sea. There was one small town in the neighbourhood, namely, the Portuguese settlement at Mylapore, where the tall faades of the several churches, peeping over the trees, formed a landmark for the Portuguese ships that occasionally cast anchor in the roads. Such was the scene in 1639, the year in which our story of Madras begins. The Portuguese had already been in India for nearly a century and a half; and under their early and able viceroys they had made themselves powerful. The stately city of Goa was the capital of their Indian dominions, and they had settlements at Cochin, Calicut, Mylapore, and elsewhere. But the influence of the Portuguese was now on the wane. For nearly a century they had been the only European power in India and the Eastern seas; but merchants in other European countries had marked with jealous eyes the rich profits that the Portuguese derived from their Eastern traffic, and competitors appeared in the field. First came the Dutch, who in India established themselves at Pulicat, some twentyfive miles north of Mylapore. Holland had lately thrown off the yoke of Spain, and was full of newborn vigour; and Dutch trade in the Eastchiefly in the East India Islandswas pushed with a rancorous energy that roused the vain indignation of the decadent Portuguese. Six years later, in 1600, came the English. The English traders were employees of the newlyestablished East India Company, and were sent out to do business for the Company in the East; and they had to face the opposition of the Dutch as well as of the Portuguese. Their earliest enterprise was in the East India Islands, and it was eleven years before they gained their first footing in India, at Masulipatam. Here they established an agency and did very considerable business; later they formed a fortified subagency at Armagaum, a good way down the coast, not far from Nellore. At first their fortunes went well; but local rulers exacted ruinous dues, and at Armagaum in particular the local ruler, alarmed at the influence that the English merchants had gained, set himself so seriously to the work of handicapping their trade that Mr. Francis Day, the Company's representative at Armagaum and a member of the Masulipatam Council, proposed to the Council that he should be allowed to seek a field for commercial enterprise more favourable than either Armagaum or Masulipatam. To Mr. Francis Day was committed the business of finding a suitable spot for a fresh settlement.It was an important commission. The East India Company's existence depended entirely upon the profits of their trade. The Company's enterprise at Armagaum was hopeless; at Masulipatam it was very unsatisfactory; and Mr. Francis Day was appointed to find a place

where the commercial prospects would be bright. It should always be remembered that the East India Company was established purely as a commercial association, with its head office in London, and that its employees in India were men with business qualifications, appointed to carry on the Company's trade. The prime concern even of an Agent or a Governor was the making of good bargains on the Company's behalfand sometimes on his owngetting the best prices for European broadcloths and brocades, and buying as cheaply as possible Indian muslins and calicoes and natural produce, for exportation to London, where they were sold at a large profit. Any fighting in which the Company's servants engaged was merely incidental to the pursuit of business in a land in which the ruling sovereigns, as well as the many small chiefs, were constantly at war. It is a maxim that 'Trade follows the Flag;' but in the case of India the Flag has followed Trade. It is as a commercial man, therefore, that we must picture Mr. Francis Day setting out on his commercial mission; but it can be imagined that the English merchant, starting on an expedition in which he would be likely to seek personal interviews with rajas and nawabs and bid for their favour, set out in such style as would do the Company credit. In our mind's eye we picture Master Francis Day, Chief of Armagaum, standing on the deck of one of the Company's vessels lying at anchor in the Armagaum roads, and receiving his colleagues' farewells. His garb is that of a substantial merchant in the days of King Charles I. It has none of the extravagances that were the fashionable affectations of gay Cavaliers, but its sobriety makes it none the less smart. He wears a purple doublet and hose, a broad white collar edged with lace, and a gracefullyshort blackvelvet cloak. Curly hair falls beneath his broadbrimmed black hat, but not in long and scented ringlets such as were trained to fall below the shoulders of fashionable gallants at King Charles's court. He is in every way a fitting representative of the Honourable Company. The bo'sun has piped his whistle, and the last goodbyes have been said. The anchor's weighed, and the white sails are spread to the breeze. Master Day waves his hand to his colleagues in the surfboat which is taking them shoreward, and the ship is headed to the south. The expedition is importantyes, and it was much more important than Master Day imagined; for something more serious than profits on muslin and brocade was on the anvil of fate.

MADRAS PRECIDENCY
Madras Presidency also known as Madras Province and known officially as Presidency of Fort St. George, was a province of British India.1 At its greatest extent, Madras Presidency included much of southern India, including the present-day Indian State of Tamil Nadu, the Malabar region of North Kerala, Lakshadweep Islands, the Coastal Andhra and Rayalaseema regions of Andhra Pradesh, Ganjam district of Odisha and the Bellary, Dakshina Kannada, and Udupi districts of Karnataka. The presidency had its winter capital at Madras and summer capital at Ootacamund. The origin of Madras as we know it, dates back to a few centuries - about 350 years. Prior to that, small villages existed for well over 1000 years in a cluster of civilization. Villages around Temples like Parthasarathy in Triplicane and Kapaleeswarer temple in Mylapore near the southern coast and Marudheeswarer Temple in Thiruvanmiyur were in existence for several centuries long before the Europeans arrived here. The first Europeans to reach the shores of Madras were, as usual in this part of the world, Portuguese. They built a church in Saint Thomas Mount enshrining the Bleeding Cross. And then they went further down to Little Mount where they built another small church in 1551 where St.Thomas , the disciple of Jesus Christ was hiding in a cave from his persecutors before being martyred in St.Thomas Mount. One Francis Day, a member of the Masulipatnam council undertook a journey down the east coast of south India looking for a promising place. He found one near Poonamalee, ruled by one Damarla Venkatapathy Nayak, a local chieftain. He had chosen a village called as madraspatnam. The fort built by Francis Day was called as Fort.St.George as it was finished at the festival of St.George - 23rd April, 1653. The settlement soon occurred around the Fort and the new town was called as Srirangarayapatnam, named after the nephew of Venkatapathy Nayak, Srirangarayalu. The Presidency had its origins in the Agency of Fort St George established by the British East India Company soon after the purchase of the village of Madraspatnam in 1639. However, there have been Company factories at Machilipatnam and Armagon ever since the early 17th century. Madras was upgraded to a Presidency in 1652 before reverting to its previous status as an Agency. In 1684, Madras was elevated to a Presidency once again and Elihu Yale was appointed its first President. From 1785 onwards, as per the provisions of the Pitt's India Act, the ruler of the Presidency of Fort St George was styled Governor instead of President and was made subordinate to the Governor-General at Calcutta. Madras made a significant contribution to the Indian independence movement in the early decades of the 20th century. Madras was the first province in British India where the system of dyarchy was first implemented. The Presidency was dissolved when India became independent on August 15, 1947. On January 26, 1950, when the Republic of India was inaugurated, Madras was admitted as one of the states of the Indian
1

Muthiah,S. , Madras Rediscovered-2004( A Historical Guide to Looking Around.

Union. Madras was one of the three provinces originally established by the British East India Company as per the terms of the Pitt's India Act. The head of state held the title of Agent from 1640 to 1652 and 1655 to 1684, and President from 1652 to 1655 and 1684 to 1785, and Governor from 1785 to 1947. The judicial, legislative and executive powers are rested in the Governor who is assisted by a Council whose constitution has been modified by reforms enacted in 1861, 1909, 1919 and 1935. As per the Montague-Chelmsford reforms of 1919, a system of dyarchy was established and regular elections were conducted till the outbreak of the Second World War. The head of the government was known as Prime Minister. In 1908, the province comprised 22 districts each under a District Collector. Each district was further sub-divided into taluks and firqas. The smallest unit of administration was the village.

First phase: Judiciary elementary state (1639-1665

Madras was founded by Francis Day in 1639 who got grant from Hindu Raja and company build first fort,factory which is known as Fort st. George2.Near the fort there was a village Madraspatnam on which also company got full power and right ,this town later became Black Town and inside factory town where British lived became White Town and these both towns came to be known as Madras.Madras was subordinate of Surat that time.Madras is the first Presidency town of company. Its chief officer was called Agent who administered the affairs of the company with the help of a council.The judicial system that existed at this stage was conspicuous by the absence of any systematic and regular administration of justice .the only system that existed was 1.The Agent and his Council for the White Town During this period company agent did not do anything to change the justice system of black village,headman of black village did the justice for the black village.No normal procedure was their ,very few cases are reported but interesting case happened in 1644.A sergent Bradford killed a native from Black town and company agent did not try him and but they gave the case to the black town head and who found that death is caused by accident.That time normallyAgent refered the case as per importance to the headman or the Raja or sent the report to England Regarding criminal or serious crimes. 2.The Choultry Court for the black town The charters dated December 31,1600,May 31,1609, and february 4, 1622 granted powers to East India Company to chastise and correct all English persons commiting any misdemeanour in India .During the initial period of British in Madras ,justice was administered to Indians by native Adigar (headman).(The term adigar is derived from the term adhikari.meaning one who has authority). The Governor sat at the Choultry,or Town House as it was caaled ,as a justice of peace. Hence the name choultry Court \.The Choultry Courts tried petty cases,civil or criminal.The Choultry Court was a court of petty cause,a custom house ,and a registration office for the record of sales of real propert and for the licensing of slaves.It had a jail attached to it.The court remmitted important cases,where english subjects were involved,to England,while it persuaded the local Naik to deal with the cases in which Indians were parties.The Jurisdiction or celling of the value of cases that could be dealt by the Choultry Court was fixed atfifty pagodas.The presiding officer of the court was called the Chief Justice of the Choultry.
2

Jain.M.P,Legal History

Sir Edward Winter was appointed in February 1661 as the first President of Madras .He had wide powers to dismiss Companys servants who engaged in private trade and have them sent back to England. In 1661 ,a charter was granted by the British Crown authorising the Governor and Council to hear the cases of all persons,whether Indians or English,inhabiting the settlements of the Company.However ,this charter did not immediately become operative in Madras.It was in accordance with the Charter of 1661 that the Governor and Council tried Ascentia Dawes with the help of jury in 1665.This criminal case was the first trial by jury in India.Twentyfour persons were summoned to contitute the Grand jury and returned the insictment previously made.Still,following Londons instructions,36 prospective jurors for a jury of 12 were summoned,the indictment was read and Mrs.Dawes informed that she could discharge any 20 of prospective jurors without showing case.She objected to three ,including Winter,and six Englishmen and six Pourtugese were sworn in.once the indictment was read and the witness es examined ,the jury retired to consider the verdict.Two hours later it was back,finding her guilty of murtherof her maid servant ,but not in manner of formeand therefore in need of directions from the court.The Governor and the Concil returned the answer that the jury must bring the verdict ofguiltyor not guilty without any exception or limitation.Quite unexpectedly ,the jury returned the verdict not guilty and Mrs Dawes was acquitted.Niether the Governor nor Council was a lawyer by education or training and had difficulty in addressing the legal complications which arose during the trial. Between 1670 and 1677 ,many rules on behaviour were laid down during the Governorship of Sir William Langhorne.For instance ,drinking and drunkness were punished with fines and stocks.All people who were addicted to any social evil were to be imprisoned at the discretion of the Governor and,if not reclaimed ,sent back to England.

SECOND STAGE : COURT OF GOVERNOR AND COUNCIL (1665-1686)

The Charter of 1661 gave judicial power to the Governor and Council,and they could decide every matter according to the laws of England.To try serious cases like murder agent was not entitled and he reffered those cases to England,but in the year 1665 Company made changes and the agent of Madras became the Governor of Madras.So he can use all the powers given by the charter of 1661 wchich became effective in black town as well as in white town.that is Madras.In year 1665 first trial was held with the help of grand and petty judges which involved six Englishmen and five portugese on the charge of murder of Mrs. Ascentia Dawes.As per practice,the agent and council could only refer the matter to England .To get rid of this procedure the company thought it proper that the Governor and the Council should be appointed under the Charter of 1661 so that such cases may be decided then and there.Accordingly,in 1665 the Company raised the status of Madras to a Presidency and appointed a Governor and council who would also work as court .The case of Mrs.Dawes was decided by this court.Perhaps because of absence of any legal expert in the court the lady got acquitted .Many requests were made by the Governor and thee Council to the Company to send legal expert,but none was heard. In 1678 ,the Governor and Council resolved that they would sit as court for two days in a week to decide the cases in all civil and criminal matters with the help of a jury of twelve men.The court was called as the High Court of Judicature.This court decided important cases both in civil and criminal matters and also heard appeals against the decisions of the Choultry courts.

COURT OF JUDICATURE

In 1677,Streynsham Master becamee the Governor. Master framed rules for the better administration of justice.Two English officials were appointed as Choultry Justices to administer justice to the Indian inhabitants and their numbers increased subsequently.The Governor himself began to sit as a judge,thus forming an appellate court. To meet the shortcomings of Choultry Courts ,Master established the Court of Judicature in Madras.The Court of Judicature was inaugrated on March 27,1678 at a public function .March 27,1678 saw first siting of the Agent and Council in the Court of Judicature which sat in the Chapel in the Fort in the matter of Mr.John tivill,plantiff ,and Mr.William Jearsey,Defendant.The same case also provided for the first trial by the jury in the Court of Judicature on April 10,1678,the Justices of the Choultry also acted as the Court of Execution,because constables were attached to the Choultry Court3.The Judges and constables under the Choultry were to execute all orders of court relating to writs,summonses,jurymen,execution and apprehension of criminals.In cases of manslaughter and murder ,the delinquents were kept in prison for a year and sent home for trial in an English Court. During these periods ,foreign nationals were generally sent back home for trial .However ,in case of Manoel Brandon de Lima ,a pourtugese inhabitant,who was tried for the murder of Black Christian,it was decided that the case would be tried in the Court of Judicature rather than be sent to England or Goa in order to set an example of fair trial in Court of Judicature .de Lima was convicted of murder but was sent home on appeal .The appeal petition was signed by 44 of the Pourtugese inhabitants of Madras .This was the first noted instance of a foreign national being tried by the Court of Judicature. Collet was Governor in 1717-1720 and his administration was remarkable for changes in the marriage laws laid down by Streynsham Master.4

Kulke and Rothermund: A History of India (4th edit), croom helm Australia pty ltd. 1986

Ravindran Sudir, The Judiciary

THIRD STAGE:ADMIRALTY COURT(1686-1726)

Proper administration of justice was absent in the presidency and the same was the case with the other establishments.Crimes were increasing and occurred more frequently on ships transporting goods from one place to another.To face this diffuclty and to avoid the evils arising from it ,it was founded necessary that a court having the jurisdiction to decide the maritime cases should be established.On August 9 1683, Charles 2 granted a charter to the company making a provision for the establishment of the Admirality Courts.Admiralty Court was to consist of three members ,one of whom was to be learned in the civil law,and the other two were merchants,appointed by the Company.5 The court had to hear all cases ,mercantile and maritime concerning all persons coming within the limits of the charter,e.g.,the cases of trespass,injuries,wrongs,etc. committed at the high seas.The court had to apply the principles of equity justice and good conscience and the customs of the merchants.Subject to the directions of the crown,the court could determine its procedure.The proposed court was established in Madras on 10th July,1686.The first members of the court were three civil servants who were also members of governors council.in the year 1687 ,a lawyer member with the designation of judge-Advocate was appointed to this court .The lawyer was Sir john Biggs.on the arrival of the judge-Advocate ,governor and council found that there was no need of the governor and Council administering justice separately and they ,therefore ,relinquished their job in favour of the court of Admiralty which henceforth decided all types of cases whether civil,criminal,maritime or mercantile.criminal cases were decided with the help of jury. In 1689 ,Sir John Biggs died and the post of the Judge-Advocate fell vacant .in absence of any lawyer-member ,the governor himself assumed the charge of judge-Advocate.this composition of court was against the nature of the original Charter which required a civil lawyer as the judgeAdvocate.Hence in 1692,a new judge-Advocate was appointed who was dismissed in 1694 on a charge of bribery.in 1696,the Company directed that the members of the council would successively work as judge-advocate .but none of them was a civil lawyer ,hence the court lost its importance .After 1704,the court ceased to work regularly .In the meantime other Courts were established to decide the disputes.

Sharma LP: History of modern India (2nd edit) 1987, konark publishers pvt. Ltd.

MAYORS COURT

The charter dated August 9,1683 granted by Charles II emphasized the qualifications of the persons to preside in court.In 1687, the East India Company issued a Charter dated December 30th,by which theyconstituted the town of Fort St.George and all the territories thereunto belonging ,not exceeding the distance of ten miles from Fort St.George ,to be a corporation.the corporation was inaugurated with due solemnity on September 29,1688,when the Mayor,Aldermen and Burgesses tok their oaths.the charter constituted the Mayor and the Aldermen as a Court of Record.Appeal against the order of the Mayors Court to dispense justice in summary way according to justice and good conscience6 The Mayor and Corporation were established by the Charter of 1687.The Corporation which came into existence from October 29,1688,considered of the Mayor,twelve Aldermen were to be a Court of Record within the Town of Fort St.George and City of Madrasspatam and th Precincts thereof.The Mayor of the said Corporation was also to be the justice of the Peace within the precincts of the said Corporation.Three senior Aldermen were also to be justices of the peace.The Mayors Court was empowered to try all causes,civil or criminal.Right of appeal lay to the Mayors Court in civil cases when the value of the award exceeded three pagodas,and in criminal cases if the offender was sentenced to lose his life or limb.The Mayor and Aldermen might nominate one discreet person skillfull in the Laws,being an English-born covenated servant,to be recorder of the corporation,but the first Recorder was to beSir John Biggs ,Knight,Judge of our Supreme Court of Judicature,The Mayors Court was authorised to deal with offences by fine,imprisionment or corporal punishment. It was also decided that the Court would have a Marshal who would take charge of the prisoners,the first Marshal being Robert Bayly. After the Mayors Court came on the scene,the Choultry Court lost its importance and functioned as a Court of Petty Jurisdiction,trying only small offences and civil cases.Only an Englisman could hold the office of Mayor and only an Englishman skillfull in law was to be appointed as Recorder of the Court by the Mayor and Aldermen.The Mayor was empowered to try all cases,civil or criminal.The Mayors Court was a Court of conscience,and its decisions were very irregular.The Court was authorised to punish offences with fine,imprisonment or corporal punishment.The Mayors Court could also punish persons for contempt and award death sentences too. In 1702,two men were charged with piracy on the high seas and stealing 3000 pagodas.The jugde Advocate condemed both of them to death.In a case of mutiny at sea,Harrisons Council decided that the Mayors Court could,under the Charter ,sentence criminals to execution by a majority of
6

Ravindran. Sudhir The Judiciary pg-21

votes and hang the executed in chains to defer others from commiting such crimes.Martin,the then Chief Justice of the Choultry Court,pointed out that the maintainence of criminals in prision was a burden on the Company and it suffered grater punishment than the one who commited the offence.Criminals as well as debtors seem to have been committed to prison for indefinite periods.Debtor prisoners were confined in the bastionsin the north-west angle of the northern wall,while criminals were put in another bastion in the same wall ;and even today the street next to the demolished north wall of which some remnants remain in the compound of the Bharathi Womens College ,is called the Old Jail Street. In 1704,the then Marshall Council,after his return from England,decided that the office of the Judge should remain vacant and appeals against the decisions of the Mayors Court and Admiralty Court were to be heard by the President in Council. Thus,from 1686 to 1726,there functioned in Madras the Coultry Court,the Mayors Court and ,for sometime,the Admiralty Court .The Mayors Court was merely a Company Court having been established by the Companys charter.So long as the Admiralty Cort functioned,the Governor and Council as such excercised no judicial powers.7While there was a separation between the Admiralty Court and the executive ,the same of the Aldermen were members of the Council.When,however ,the Admiralty Court became irregular after 1704,the Governor and Council bacame active as an Appellate Court to hear appeals from the decisions of the Mayors Court8 .The courts that functioned during this period were,to a great extent ,devoid of professionals trained in law.

V D mahajan: History of modern india (1991), s.chand &company ltd.

Murthy Sreenivasa: History of India (part ii) 2003, eastern book company

CONCLUSION

The law and judicial system in Madras in in its primitive days were influenced by religious and social practices.The system of proffesional lawyers appearing for the litigants appears to have been unknown.During British rule,the law administered was the English law as extended to India and British established their own set of courts and judges.Accordingly ,the law and judicial system in Madras were greatly influenced by the development of English law and various reforms brought in by the British legal syatem and the English language .However ,in matters of personal law ,the British applied the Hindu Law or the muslim law,depnding on the religion of the subject.Even today, different personal laws govern Hindus and Muslims.A substantial portion of Hindu Law has been codified by the indian Parliament after Independence ,Muslim law is yet uncodified.C ourts apply Muslim Law based on authorative commentaries and on precedents .It is also clearly evident that wherever there was a shortcoming,English legal principles were applied.Leading personalities ,lawyers and judges from Madras played a prominent role in the evolution of Indian Law and the Indian judicial system. The overall picture of administration of justice in Madras was not very good in early stages.The system suffered many drawbacks.The most outstanding of them are the following:(1).Absence of proper judicial system (2).Uncertainity of laws-The Courts and the people did not know the law applicable to them and their disputes (3).Severe punishments-Usually ,the punishments were barbarous and inhuman .they were based on the mixed idea of deterence and prevention. (4)Lack of facilities in the jails-The inmates lived in inhuman conditions (5).Unfair trail-The English principles of fair trail such as the principles of natural justice and benefit of doubt to the accused were not observed.The benefit of clergy was however available to the Britishers.

BIBLIOGRAPHY

1. 2. 3. 4. 5. 6. 7.

Muthiah,S. , Madras Rediscovered-2004( A Historical Guide to Looking Around. Gopalratnam.V.C :A Century Completed (1862-1962) V D mahajan: History of modern india (1991), s.chand &company ltd. Kulke and Rothermund: A History of India (4th edit), croom helm Australia pty ltd. 1986 Murthy Sreenivasa: History of India (part ii) 2003, eastern book company Sharma LP: History of modern India (2nd edit) 1987, konark publishers pvt. Ltd. Mujaumadar and Raychandni: An advanced History of India (6th edit) 1997, Macmillan India Ltd. 8. Stern Burton: history of india (4th edit) 2006, Oxford University Press. WEBSITES www.realityblogs.com http://www.time.com/time/asia/features/journey2001/india.html

You might also like