HISTORY

Charter of 1726The Charter of 1726 was a big advancement of Company’s establishment

in India which was requested to fetch more powers from Crown.

King George I issued a fresh charter to Company where all three Presidency were brought under a uniform Judicial system.

Establishment of Civil and Criminal Courts in each Presidency deriving authority from the Crown

Designated as Royal Courts these Courts were equivalent to English Courts having formal, regular and definite base

An appeal from India could be made directly to Privy Council

The Charter established a bridge in British and Indian legal system

It became a channel through which British Crown could directly apply their legal interpretations and applications

Where ever Indian laws were absent British laws were guiding them to find the way

Provision1. Establishment of separate Corporation in each Presidency consisting a Mayor and 9 Aldermen.

The First Mayor is appointed by the Crown for one year after retirement the Mayor remains an Alderman only.

Two Alderman are appointed from the local jagirdar and rest are natural born subjects of the company.

Aldermen is appointed for life but could be removed by the Governor and Council subject to appeal to King-in-Council in England

Judicial System

In each Presidency a Mayor’s Court was established consisting a Mayor and two senior Aldermen

The Court had jurisdiction only to the Civil Matters along with Testamentary and Court of Record for contempt.

An appeal could be made to the King-in-Council

SHERIFF

He was responsible for implementation of Mayor’s Court’s directions including summons, seizure of property ,execution of warrant etc, having jurisdiction over the entire Presidency and 10 miles around.

Appointed by Governor for one year duration

Criminal Jurisdiction

Vested with the Governor and 5 senior members of the Council each was a Justice of the Peace.

Powers to arrest like police and punish for petty offences

Grand and Petty jury to sit 4 times in one year and to look into serious crimes

All technical forms and procedures and manners of English law were introduced

Three justices of the Peace were collectively forming Court of Record(To hear and Determine)

Effects

The post charter period was not smooth arising conflicts between Governor and The Mayor’s Court

Neither Law nor Justice was accorded

Mayor’s Court became autonomous and the Governor sought to interfere with the functioning of the Court.

No clarity on personal laws and religious matters

Conflict in between Court and The Council

THANKYOU

Kumar Utkarsh