1. Indian Legal and Constitutional History .
2. East India Company The first East India Company was consolidated in England under a Charter allowed by Queen Elizabeth on 31st Dec 1600 AD, for the sake of ” The Governor and Company of Merchants of London exchanging into East Indies” The individuals from the Company needed to choose 24 individuals every year to frame Court of Directors and a Governor, qualified to re-choose. Having elite rights to exchange all parts of Asia, Africa and America with the exception of Europe. At first the sanction was conceded for a long time renewable to 15 more years.
3. East India Company
• The Company was approved to make enactments including common and criminal laws, Orders and the Constitution appropriate on its kin( English) for
• great administration
• Advancement and continuation of its exchange and movement The Company was engaged to force Punishments by method for Imprisonment ,Fine and relinquishment of merchandise/vessles. Lord’s Commission Issuance of Royal Commission by Queen Elizabeth (1601) and strengthening of Commander-in-Chief to grant the death penalty to wrongdoers(Subject to the endorsement of a Jury constituted by 12 individuals from Company itself) Era of James I, Empowerment of Company to concede Royal Commission(1615) In 1623 allowed the Company’s Presidents/Chief Officers the same forces relevant in their Company’s foundation/port or land
4. East India Company Issues
• The English law could germ out of which Anglo-Indian codes were eventually created.
•The Company was outfitted with sufficient power to implement discipline amongst its workers both on the high oceans and on the Indian soil
5. Bombay 1684-1690
• Bombay second Statge • Establishment of Admiralty Court(1684) having Jurisdiction on Civil, Criminal and Maritime matters • Appointment of Dr. John St. John as Advocate General • Conflict in the middle of The Governor Child and Dr. John on different issues • Reduction of Jurisdiction of Admiralty Court to sea matters just • Appointment of Vaux as a Judge in another Court to investigate Civil and Criminal matters • Conflict in Jurisdictional issue between the Courts of Vaux and Dr. John • Conflict in the middle of Executive and Judiciary
6. Bombay 1684-1690
• Dismissal of Dr. John Issues • Overlapping forces of Executive and Judiciary • Attitude issue of Legal experts • Intolerance of Judicial autonomy • Judge made laws surpassing English laws n deciphering contrastingly • End of Bombay Judicial System by assault of Moghul Admiral Siddi Yakub in 1690-1718 as dim period
7. Bombay 1718-1726 third Stage
• Establishment of another Judicial framework following 30 years in 1718 • Appointment of a Chief Justice and 9 different Judges • Five British n 4 India Judges from Hindu, Muslim, Portuguese Christian + Parsis, one each. • Jurisdiction to judge all instances of Civil, Criminal, Military and Testamentary • Work as Registrar of relentless Property
8. Bombay 1718-1726
• No equivalent status to Indian Judges • Due respect to standing custom and nearby conventions alongside English laws • Appeal to Governor and Council • Inexpensive and fast honor in light of sound judgment • Stringent discipline to criminal and Debtors • Rama Kamati’s Case
9. Calcutta 1690-1726 The Company secured Zamindari of 3 adjoining towns ,Sutanti, Calcutta and Govindpur@ 1195 Rs. P.a. from Prince Azmaish shah( Grand Son of Aurangzeb, then Subedar of Bangal) In 1668 an invigorated processing plant was developed as Fort William On the bank of waterway Hugli(Sutanti)a few Englishmen arrived on 24th Aug.1690,under the administration of James Charnock. Procurement of zamindari was a huge occasion for Company through it organization secured a lawful and protected status inside of Moghul managerial apparatus. Organization got to be qualified for activity each one of those capacities and forces inside of the zamindari region.
10. Calcutta 1690-1726 Dec.1699 Calcutta got to be Presidency. A Governor(President) and a Council was delegated to oversee the settlement. English Judicial System in Calcutta The zamindari elements of the Company, inside of the settlement of Calcutta, were endowed to an English Officer called Collector, who used to be an individual from Governor’s Council Collector had legal forces in all Civil, Criminal and Revenue cases relating to the Indian occupants
11. Calcutta 1690-1726 Besides this a parallel Court of Zamindar was additionally in presence and managing common instances of neighborhood Indian individuals as indicated by traditions and utilization and watchfulness for which offers lay to the Governor and Council. Assessment Parallel equity organization arrangement of Nawab and Company and endorsement before the death penalty Lack of unbiased organization of equity Concentration of broad Power in the hands of Collector
12. Contract of 1726 The Charter of 1726 was a major progression of Company’s foundation in India which was asked for to bring more powers from Crown. Lord George I issued a crisp contract to Company where each of the three Presidency were brought under a uniform Judicial framework. Foundation of Civil and Criminal Courts in every Presidency getting power from the Crown Designated as Royal Courts these Courts were identical to English Courts having formal, normal and unequivocal base An advance from India could be made straightforwardly to Privy Council
13. Sanction of 1726 The Charter set up an extension in British and Indian lawful framework It turned into a channel through which British Crown could straightforwardly apply their legitimate translations and applications Where ever Indian laws were truant British laws were directing them to discover the way
14. Sanction of 1726 Provisions 1. Foundation of particular Corporation in every Presidency comprising a Mayor and 9 Aldermen. The First Mayor is designated by the Crown for one year after retirement the Mayor remains an Alderman just. Two Alderman are designated from the neighborhood jagirdar and rest are regular conceived subjects of the organization. Councilmen is named forever yet could be evacuated by the Governor and Council subject to speak to King-in-Council in England
15. Sanction of 1726 2. Legal System In every Presidency a Mayor’s Court was set up comprising a Mayor and two senior Aldermen The Court had locale just to the Civil Matters alongside Testamentary and Court of Record for disdain. A request could be made to the King-in-Council Sheriff He was in charge of usage of Mayor’s Court’s bearings including summons, seizure of property ,execution of warrant and so on, having locale over the whole Presidency and 10 miles.