HOC, MODULE 1, Administration of Justice in the Presidency Towns and Development of Courts (1600–1773)

Period from 1600-1726

The history of the Indian legal system under the British begins with the East India Company, which was created in England by the Charter of 1600. The Company was given the right to do trade in Asia (including India), Africa, and America.

Structure of east india company

All members of the Company formed a group called the General Court.

The General Court elected the Court of Directors every year.

The Court of Directors had one Governor and 24 Directors.

The Court of Directors managed the entire business of the Company.

Even before one year ended, the General Court could remove the Governor or any Director.

Purpose of company

In the beginning, the Company was created only for trade and commerce.

So the Charter of 1600 gave the Company only limited powers—

Powers to manage business

Powers to control their servants

These powers were not enough to rule any territory.

But things changed after the Company came to India:

Indian kings were divided and unaware of modern politics.

The Company slowly became interested in acquiring land and territories.

The Portuguese already had some Indian territories, which encouraged the Company to do the same.

More territory meant more markets, more profits, and more political power.

Thus:

The Company started with a commercial purpose,

But slowly its purpose became political also.

Because of this, the British Crown later gave the Company more powers to govern the territories they captured.

Condition of justice in early company settlements

The justice system was poor.

No separation existed between the executive and judiciary.

Judges were not trained in law.

Judicial independence, rule of law, and fairness were given little importance.

Two main periods of judicial development

1. 1600–1726: Development of justice in the early settlements of the Company (mainly Presidency towns).

2. 1726–1773: Development of courts in Presidency towns after major reforms.

Administration of justice in surat

The Company built its first factory in Surat in 1612 with Mughal permission.

The British Crown sent Sir Thomas Roe to the Mughal Emperor for more privileges.

In 1615, the Emperor issued a firman granting:

Englishmen could live by their own religion and laws.

Disputes between Englishmen would be decided by their own President.

Disputes between an Englishman and an Indian were decided by native Indian judges.

Court system in surat

The President of the Factory and his Council members acted as judges.

They decided civil and criminal cases between Englishmen.

In serious cases (capital offences), a jury gave the final decision.

There was no separation between executive and judiciary:

The President and Council did administration + judicia

ry both.

Problems in justice

The President and Council were merchants, not lawyers.

They did not know English law.

They decided cases using their own common sense, not legal principles.

Many were adventurers, not men of high morals.

They acted loosely, often following power, passion, and personal interest, not justice.

Indian native judges were corrupt, took bribes, and were not fair.

Decline of surat

Surat was the Company’s main base until 1687.

In 1687, the Company shifted the headquarters to Bombay.

After that, Surat lost importance.