Introduction
• The history of the legal system in British India traces back to the establishment of the East India Company.
• During the early days of administration, justice was not prioritized, and there was a lack of separation between the executive and the judiciary.
• The judges lacked expertise in law, and the company did not place much emphasis on judicial independence, fair justice, and the rule of law.
Let’s understand the administration of justice and development of court’s and judicial institutions in presidency towns of Madras, Bombay and Calcutta
Administration of Justice in Madras
Administration of Justice in Madras rook place in three stages
1639-1665
1665 -1683
1683 -1726
1. Stage I: 1639-1665
• BACKGROUND
1.In 1639, Francis Day, an Englishman, acquired land from the Hindu Raja of Chandragiri for the East India Company, which became known as Madraspatnam.
2. The company constructed a factory called FORT ST. GEORGE on this land in 1640, the people resideng inside the factory were Englishmen and other European, therefore the area was known as WHITETOWN .With adjacent villages populated by locals Indian were referred to as BLACK TOWN.
• WHITE TOWN
1.The administrative head was known as ‘AGENT’ with his Council would administer justice and serious offenses were referred to the Company in England.
• BLACK TOWN
A Choultry Court was established with an Adigar as a judge to handle petty civil and criminal cases involving the locals.
2. Stage II: 1665-1683
• BACKGROUND
1. In 1665, Mrs. Ascentia Dawes faced murder charges for allegedly killing her slave girl.The case was taken to the Company’s authority in England and later tried in Madras with a jury, resulting in an unexpected not-guilty verdict.
2. The company raised the status of agency of Madras to that of the presidency and status of Agent to that of Governor, because the powers conferred on the company by the Charter of 1661 could only be exercised by the Governor and council and not by the agent-in-council.
(❗️❗️Remember:Presidencies were always administered by Governors….so definitely Madras, Calcutta and Bombay had Governors because these paces were presidencies)
3. Under the Charter of 1661, the Governor and council were authorized to hear all types of civil and criminal cases including capital offences like murder.
4. In 1678, the whole judicial administration was reorganized and the judiciary in both White Town and Black Town was improved to some extent.
WHITE TOWN:
1. The court of Governor and council was declared as High court of Judicature and it was empowered to hear all civil and criminal cases of the inhabitants of White town with the help of a jury.
2. Besides it was to hear serious criminal cases of Indian inhabitants in Black town and also appeals from Choultry court with the help of a jury.
BLACK TOWN:
1. The Choultry court was also reorganized and the number of judges were increased to three.
2. All the judges were Englishmen and atleast two of them were to sit in the court for two days in each week.
3. This court was empowered to hear petty criminal cases and civil cases up to 50 pagodas (pagoda was gold coin and one pagoda was equal to 3 rupees) and the cases of a higher value with the consent of the parties and appeals were referred to High court of Judicature.
Stage III: 1683-1726
Admiralty Court:
In 1683 King Charles II issued a Charter. It empowered the Company to establish
Courts of Admiralty in India. The Court of Admiralty was authorized to try all traders who committed various crimes on the high seas.
The court was also authorized to deal with all cases of forfeiture of Ships, Piracy, Trespass, Injuries and Wrongs.
It was stated that the court would be guided by the laws and customs of merchants as well as the rules of equity and good conscience in the task of administration of justice.
Mayors’s Court:
The Madras Mayor’s Court was established in 1687 by the British East India Company to administer justice in the city of Madras (now Chennai) in India. It had jurisdiction over civil and criminal cases and was presided over by a mayor and aldermen and burgesses. The court played a significant role in the development of the legal system in India during the colonial period.
The Choultry Court
During this period, the jurisdiction of the Choultry court was diminished. It could hear the cases of petty offences and civil cases up to 2 pagodas only. Two Aldermen were to sit twice a week at the Choultry to exercise its jurisdiction. In 1753 its civil jurisdiction was taken by the Court of Request, but it continued to exercise its criminal jurisdiction till 18th century. By 1800 the Choultry court was totally diminished.
ADMINISTRATION OF JUSTICE IN CALCUTTA
• The Englishmen landed in 1690 at Sutanati which is situated on the banks of river Hoogly and built a fortified factory known as Fort Willilam.
• In 1698 the Subedar of Bengal granted the Zamindari rights of three villages Calcutta, Sutanati and Govindpur to the East India Company
• The Zamindars had authority to collect revenues and administer justice to the people of his Zamindari.
• . In 1699 the status of Calcutta was raised to that of presidency town and a Governor and council was appointed for administration
• . In 1700 an English officer known as Collector was appointed to act as Zamindar on behalf of the company.
• The Collector was empowered to collect revenue, decide civil and criminal cases of Indian inhabitants.
• . The appeal from the Collector’s court was heard by the Governor and council.
ADMINISTRATION OF JUSTICE IN BOMBAY
Portuguese Control (1534-1661):<span;> Bombay was initially under Portuguese control until it was given as a dowry to Charles II of England in 1661.
Lease to the Company (1661):<span;> Charles II leased Bombay to the East India Company.
• Judicial Administration Stages:
Stage I (1670-1683):<span;> Judicial reforms by Gerald Aungier, divided Bombay into two divisions with courts of five judges each.
Stage II (1684-1690):<span;> Establishment of an Admiralty Court similar to Madras.
<span;>Stage III (1718-1726):<span;> Formation of the Court of Judicature with a Chief Justice and nine Judges.
STAGE 1 (1670-1683):
• Judicial Reforms of 1670
Categories of Laws: Laws are classified into six sections, including freedom of worship, impartial justice, criminal cases, land transactions, penalties for crimes, and military discipline.
Division Courts: Bombay was divided into two divisions, each with a court of five judges presided by the customs officer.
• New Judicial Plan of 1672
English Law: All cases are tried according to English Law.
Central Court of Judicature: Single Judge court established, handling all civil, criminal, and testamentary cases.
Justice of Peace: Four divisions headed by English Justices of Peace, responsible for initial proceedings and sending cases to the Court of Judicature.
Appellate Authority: Deputy Governor and Council.
STAGE 2 (1684-1690)
• Admiralty Court (1684-1690): Similar to Madras, dealing with maritime issues.
STAGE 3 ( 1718-1726):
• Court of Judicature (1718-1726)
Composition: Chief Justice and nine Judges, with a majority being English.
Quorum: Three English Judges.
Jurisdiction: Weekly trials for civil, criminal, and testamentary cases based on law, equity, good conscience, and company rules.
Appeal: Heard by the Governor and Council.