Administration of Justice in Madras Before 1726

Introduction

Madras began in 1639 when Francis Day of the East India Company got land from a Hindu Raja.

He built a fortified factory (trading centre).

The Raja also gave a nearby village called Madraspatnam to the Company.

Two Parts of Madras

1. White Town – inside the Fort, where English and Europeans lived.

2. Black Town – outside the Fort, where Indian people lived.

Both had separate judicial systems (separate courts and different methods of justice).

The development of courts in Madras before 1726 happened in three stages:

First stage (1639-1665), White Town

White Town

Madras was not a Presidency yet; it was under Surat.

The head was called Agent, assisted by a Council.

The Agent + Council decided civil and criminal cases of White Town residents.

Serious crimes were sent to England for advice → caused long delays.

Defects

1. Their judicial powers were unclear.

2. Agent and Council were merchants, not lawyers → decided using “common sense,” not law.

3. No separation of powers

They were both exe

cutive and judiciary.

First stage (1639-1665), Black Town

Old Indian system continued.

A local village head called Adigar (Adhikari) handled:

law and order

small civil and criminal cases in Choultry Court

Serious crimes could not be decided locally.

Even Agent-in-Council had no authority from the Raja to try these cases.

They still tried them and then asked the Raja for permission, who usually said:

“Decide according to English law.”

Appeals from Choultry Court went to Agent-in-Council.

One Adigar, Kannappa, misused power, so he was removed, and the Company placed Englishmen as judges in the Choultry Court.

Defects in Black Town

1. No fixed procedure for serious crimes—each case done differently.

2. Judges were laymen, not trained in law.

3. Only small cases could be decided by Choultry Court.

4. No separation of executive and judiciary.

Charter of 1661

The British Crown gave a new Charter.

Powers given

Governor and Council of each factory could hear all civil and criminal cases of:

English

Europeans

Indians

They could give any punishment, even death sentence.

Cases had to be decided according to English law.

Where no Governor existed, Chief Factor and Council could send criminals to a place with a Governor or to England.

Defects

1. Still no separation of powers.

2. Judges were still merchants, not lawyers.

3. Indian customs were ignored → all cases decided using English law.

4. Due to lack of legal knowledge, they judged using common sense again.