Working of the mayors court : 1726-1753

Question 1

What marked the post-Charter period in each presidency?

Answer 1

Disputes and conflicts between the government, the Corporation, and the Mayor’s Court.

Question 2

How was the Corporation established by the Charter of 1726 independent from the executive government?

Answer 2

1. Limited power of President and Council over Corporation and Mayor’s Court.
2. Appointment of Aldermen not in their hands.
3. Tenure of Aldermen for life.
4. Vacancy filled by co-option by Mayor and remaining Aldermen.
5. Corporation elected its own Mayor.
6. Governor and Council could only remove an Alderman after a proper hearing.

Question 3

What could an Alderman do if dismissed by the Governor and Council?

Answer 3

Appeal to the King in Council.

Question 4

What was the appeal process for decisions made by the Mayor’s Court?

Answer 4

1. Appeal to the executive government (Governor and Council).
2. Further appeal to the King in Council if the property in dispute was worth more than 1,000 pagodas or 3,000 rupees.

Question 5

What principle was included in the judicial system of 1726?

Answer 5

Independence of the judiciary from the executive branch.

Question 6

Why was the adoption of the principle of judicial independence significant?

Answer 6

It was a wholesome and fortunate development despite being partially implemented.

Question 7

What was the reaction of the Company’s governments to the independence of the judiciary?

Answer 7

They tried to interfere with the Mayor’s Courts, but the judges defended their independence.

Question 8

Describe a notable case that strained relations between the government and the Mayor’s Court in Bombay in 1730.

Answer 8

Shimphy’s case-
->A Hindu woman converted to Christianity.
->Her son left her to live with a relative.
->Mayor’s Court ordered the relative to deliver the boy to his mother.
->Governor and Council stated Mayor’s Court had no authority in religious disputes.
->Mayor’s Court protested, claiming jurisdiction under the Charter.

Question 9

What was another dispute in Bombay in 1730?

Answer 9

Arab merchant’s case-
->An Arab merchant sued for the value of pearls extorted from him.
->Defendant previously acquitted for piracy.
Council suggested merchant’s claim was invalid.
->Mayor’s Court ignored Council’s suggestion and decreed the suit.
->Decision reversed by Governor and Council on appeal.

Question 10

What was the cause of conflicts between the Mayor’s Court and executive government in Madras and Calcutta?

Answer 10

Undue interference in the affairs of the Court by the executive government.( governor and councils)

Question 11

What was the Company’s view of the independence of the judiciary?

Answer 11

Inconvenient and obnoxious, considering the conduct of Mayor’s Courts as factious and discourteous.

Question 12

What did the Governor and Council decide to do in response to the issues with the Mayor’s Courts?

Answer 12

Strengthen the executive at the expense of the judiciary.

Question 13

What was achieved by the new Charter of 1753?

Answer 13

Autonomy of the Courts was removed, making them subservient to the executive.

Question 14

List some defects of the Mayor’s Court.

Answer 14

1. Lack of clear authority between Mayor’s Court and executive government.
2. Frequent conflicts due to overlapping powers.
3. Appeal process undermining judicial independence.
4. Inefficiency and delays.
5. Insufficient respect to the executive government.
6. Overstepping powers granted by the Charter.

Question 15

What did the Charter of 1753 establish?

Answer 15

1. New courts in Indian presidencies for civil and criminal cases.
2. Application of English law for uniformity.

Question 16

How did the Charter of 1753 strengthen executive power?

Answer 16

1. Granted more authority to the executive government over the judiciary.
2. Governor and Council had oversight over court functioning.

Question 17

What higher court was established by the Charter of 1753?

Answer 17

A higher court of appeal to review decisions made by lower courts.

Question 18

What specific regulations were laid down by the Charter of 1753?

Answer 18

Rules and procedures for court operations, case conduct, evidence handling, and judgment delivery.

Question 19

What were some defects of the Charter of 1753?

Answer 19

1. Reduced judicial independence.
   Continued power struggles between judiciary and executive.
2. Complex and time-consuming appeal process.
3. Inadequate local representation and cultural sensitivity.
4. Inefficiency in implementation.

Question 20

What role did the House of Commons play in 1772 regarding the Company’s affairs?

Answer 20

appointed a Committee of Secrecy to investigate the Company’s affairs.

Question 21

What was the Committee of Secrecy’s finding about the Mayor’s Court at Calcutta?

Answer 21

Found it ineffective as a justice system.

Question 22

What did the Regulating Act of 1773 establish?

Answer 22

Supreme Court of Judicature to replace the Mayor’s Court at Calcutta.

Question 23

Who composed the Supreme Court of Judicature?

Answer 23

Professional lawyers from England as judges.

Question 24

How were judges of the Supreme Court of Judicature appointed?

Answer 24

By the Crown, not the Company.

Question 25

What was the aim of the Supreme Court of Judicature?

Answer 25

To provide unbiased and objective judgments.

Question 26

What was a significant feature of the Supreme Court compared to the Mayor’s Court?

Answer 26

Independent from the Company’s government in Calcutta.

Question 27

How did the new judicial system address the defects of the Mayor’s Court?

Answer 27

Introduced competent and independent judiciary with professional judges.

Question 28

What expansion occurred with the Supreme Court of Judicature over time?

Answer 28

Replaced Mayor’s Courts at Bombay and Madras as well.

Question 29

What was the primary aim of the transition to the Supreme Court of Judicature?

Answer 29

To improve the administration of justice in British India.

Question 30

How did the Charter of 1753 attempt to create a standardized legal process?

Answer 30

By applying English law and specific procedural regulations.