Administration of justice in presidency towns and development of courts under east india company (1600-1773) Flashcards
module 1
What significant event marked the beginning of a new phase in the evolution of judicial institutions in India in 1726?
Granting of the Charter by George I, King of England
What were the main presidencies affected by the Charter of 1726?
Calcutta, Madras, and Bombay.
What was the primary significance of the Charter of 1726?
Establishment of Crown Courts on a uniform and definite basis.
Why is the Charter of 1726 often referred to as the ‘Judicial Charter’?
Due to its great importance in the sphere of law and justice.
What were the reasons for granting the Charter of 1726?
- Unsatisfactory courts and justice system in the presidencies.
- Growth in population, trade, and commerce.
- Need for a proper and competent authority for administering justice.
- Desire to improve judicial arrangements and reduce frivolous suits in England.
What legislative significance did the Charter of 1726 hold?
Establishment of Corporations and legislative bodies in the presidencies.
What did the Corporation established by the Charter of 1726 consist of?
A Mayor and nine Aldermen.
What were the criteria for selecting the Mayor and Aldermen?
Mayor and seven Aldermen were natural-born subjects of the English Crown; two could be subjects of any prince or state in amity with the English King.
How long was the Mayor’s term, and what was the term of the Aldermen?
Mayor held office for one year; Aldermen held office for life or residence in the town.
What was the procedure for electing a new Mayor and filling vacancies among the Aldermen?
Mayor and Aldermen elected a new Mayor annually; vacancies filled by Mayor and Aldermen from town inhabitants.
What authority did the Governor and Council have over the Aldermen?
Empowered to remove any Alderman from office for reasonable cause.
What right did an aggrieved Alderman have if removed from office?
Right to appeal to the King in Council in England.
What was the Mayor’s Court authorized to do?
Hear and try all civil suits arising within the town and its subordinate factories.
Where could appeals from the Mayor’s Court decisions be made?
To the Governor and Council, and for cases involving 1000 pagodas or more, to the King in Council.
What jurisdiction did the Mayor’s Court have in testamentary matters?
Authorized to grant probates of wills and letters of administration.
Who held the criminal jurisdiction according to the Charter of 1726?
Governor and the five senior members of the council at each presidency.
How often were the Justices of the Peace authorized to hold sessions of peace?
Four times a year.
What were the functions of the Grand Jury under the Charter of 1726?
- Presentment of persons suspected of crimes.
- Preliminary inquiry by Justice of the Peace.
- Determining if a case should go to trial.
What was the role of the Petty Jury?
To hear both sides and try the issues of fact, and return a verdict of ‘guilty’ or ‘not guilty.’
How did the Charter of 1726 compare to the Madras Charter of 1687 in terms of jurisdiction?
- New Mayor’s Court had only civil jurisdiction; old Madras Mayor’s Court had both civil and criminal jurisdiction.
- Appeals from new Mayor’s Court could go to the King in England; old Mayor’s Court appeals went to the Admiralty Court in Madras.
- New Mayor’s Court was a Crown’s Court; old Mayor’s Court was a Company’s Court.
- New Mayor’s Court had jurisdiction in testamentary matters; old Mayor’s Court did not.
- New Corporation had primarily English members; old Court had Indian Judges.
- New Mayor’s Court followed English Law; old Court was based on equity and discretion.
