1. Indian Legal and Constitutional History Dr. Saurabh Chaturvedi
2. East India Company The first East India Company was fused in England under a Charter conceded 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 yearly to frame Court of Directors and a Governor, qualified to re-choose. Having select rights to exchange all parts of Asia, Africa and America aside from Europe. At first the sanction was allowed 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 relevant on its kin( English) for • great administration • Advancement and continuation of its exchange and activity The Company was engaged to force Punishments by method for Imprisonment ,Fine and relinquishment of products/vessles. Ruler’s Commission Issuance of Royal Commission by Queen Elizabeth (1601) and strengthening of Commander-in-Chief to honour 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 allow Royal Commission(1615) In 1623 conceded the Company’s Presidents/Chief Officers the same forces relevant in their Company’s foundation/port or land
4. East India Company Issues 1. The English law could germ out of which Anglo-Indian codes were eventually created. 2. The Company was outfitted with sufficient power to uphold discipline amongst its hirelings both on the high oceans and on the Indian soil
5. Bombay 1684-1690 • Bombay second Stage • 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 oceanic matters just • Appointment of V au x as a Judge in another Court to investigate Civil and Criminal matters • Conflict in Jurisdictional issue between the Courts of V au x 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 freedom • Judge made laws surpassing English laws n translating diversely • 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 steady Property
8. Bombay 1718-1726 • No equivalent status to Indian Judges • Due respect to standing custom and neighborhood conventions alongside English laws • Appeal to Governor and Council • Inexpensive and snappy grant 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 neighboring towns ,Sutanti, Calcutta and Govindpur@ 1195 Rs. P.a. from Prince Azmaish shah( Grand Son of Aurangzeb, then Subedar of Bangal) In 1668 a braced plant was built as Fort William On the bank of waterway Hugli(Sutanti)a few Englishmen arrived on 24th Aug.1690,under the authority of James Charnock. Procurement of zamindari was a huge occasion for Company through it organization secured a legitimate and established status inside of Moghul authoritative apparatus. Organization got to be qualified for activity each one of those capacities and forces inside of the zamindari domain.
10. Calcutta 1690-1726 Dec.1699 Calcutta got to be Presidency. A Governor(President) and a Council was designated to regulate 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 likewise in presence and managing common instances of nearby Indian individuals as indicated by traditions and use and caution for which claims 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 equit