Legal History Unit I: Early Developments
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Questions and Answers

The East India Company projected India as a static society, with no dynamic change. What did the East India Company claim to be doing in India?

  • Preserving the existing legal traditions and institutions
  • Both A and B
  • Replacing older vestiges of society with British laws and legal education (correct)
  • Bringing in development and education (correct)

    • The East India Company was incorporated in England under a charter granted by Queen Elizabeth in the year 1600.

    True (A)

    What was the exclusive right granted to the East India Company?

    The Company was given the exclusive right of trading in all parts of Asia, Africa and America beyond the Cape of Good Hope eastward to the Straits of Magellan.

    The Charter of 1600 granted the East India Company trading rights for a period of 14 years which could be renewed for another 15 years only if it was found to not prejudicially effect the Crown and its people.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1661 empowered the company to appoint a Governor and Council at its factories, but not to try or punish all persons living under it, including Indians.

    <p>False (B)</p> Signup and view all the answers

    What was the significance of the Charter of 1661 in terms of English law in India?

    <p>The Charter opened the doors for the introduction and application of English law in India. It conferred judicial powers on the executive- the Governor and Council.</p> Signup and view all the answers

    Where did the East India Company establish its first factory in India and during the reign of which Mughal Emperor?

    <p>The Company established its factory in India at Surat, during the reign of the Mughal emperor Jahangir.</p> Signup and view all the answers

    What was the 'farman' issued by the Mughal Emperor to the English in Surat?

    <p>A document granting them certain facilities and the right to live according to English laws and customs (A)</p> Signup and view all the answers

    Disputes between an Indian and an Englishman were to be decided by local Indian courts, according to the 'farman' issued by the Mughal Emperor.

    <p>True (A)</p> Signup and view all the answers

    How was the East India Company factory in Surat administered?

    <p>The Factory was administered by a President and Council appointed by the Company. The decisions of the majority of the members of the Council were the decisions of the Company.</p> Signup and view all the answers

    What dual system of laws governed the English people at the factory in Surat?

    <p>The English people at the factory were governed by a dual system of laws: in their own matters by the laws of England, and in matters with Indians by the native laws of India.</p> Signup and view all the answers

    The Surat settlement remained in prominence till 1617.

    <p>False (B)</p> Signup and view all the answers

    Who established the settlement of Madras in 1639 and on whose grant of land?

    <p>Madras was founded by Francis Day in 1639 on the land granted to him by a Hindu raja.</p> Signup and view all the answers

    The judicial system in Madras up to 1726 was devoid of any systematic and regular administration of justice.

    <p>True (A)</p> Signup and view all the answers

    What were the two adjacent places that comprised Fort St. George during the early stage of the Madras settlement?

    <p>The Fort area, resided by the English, usually called the White Town, and the Madras Patnam, resided by the natives, which was called the Black Town.</p> Signup and view all the answers

    Who presided over the Choultry Court for the Black Town in Madras during the early stage?

    <p>The village headman, Adigar (D)</p> Signup and view all the answers

    The Charter of 1661 in Madras introduced radical changes that allowed the company to appoint Governors and other officers in India.

    <p>True (A)</p> Signup and view all the answers

    What significant case in 1665 illustrates the evolution of the judicial system in Madras during the second stage of its settlement?

    <p>The case of Mrs. Ascetia Dawes in 1665.</p> Signup and view all the answers

    The Company raised the status of Madras to a Presidency and appointed a Governor and Council who could also work as Court in 1665.

    <p>True (A)</p> Signup and view all the answers

    In 1678, the Governor and Council in Madras resolved to sit as court only for one day in a week to decide cases in all civil and criminal matters.

    <p>False (B)</p> Signup and view all the answers

    The Court, established in 1678, decided important cases in both civil and criminal matters and also heard appeals against the decisions of the Choultry Court.

    <p>True (A)</p> Signup and view all the answers

    On August 9, 1683, Charles II granted a Charter to the company to establish a 'Mayor’s Court' in Madras.

    <p>False (B)</p> Signup and view all the answers

    What was the key provision of the Charter that established the Admiralty Court in Madras?

    <p>A provision for the establishment of the Admiralty Courts.</p> Signup and view all the answers

    The Admiralty Court in Madras comprised of three members, one of whom was to be 'learned in the civil law,' the other two were merchants.

    <p>True (A)</p> Signup and view all the answers

    What kind of cases did the Admiralty Court in Madras hear?

    <p>The Court heard all cases ranging from mercantile to maritime, cases of trespass, injuries, wrongs committed at the high seas.</p> Signup and view all the answers

    The East India Company established a corporation in Madras in 1687, which included one Mayor, 12 Alderman, and 60 to 120 Burgesses.

    <p>True (A)</p> Signup and view all the answers

    The Mayor in Madras was appointed annually and was subject to the authority of the Governor and Council.

    <p>True (A)</p> Signup and view all the answers

    What constituted the Mayor's Court in Madras?

    <p>It consisted of the Mayor and all the Alderman. A lawyer member called Recorder was appointed by the Mayor and Alderman.</p> Signup and view all the answers

    The jurisdiction of the Mayor's Court extended to all civil and criminal matters.

    <p>True (A)</p> Signup and view all the answers

    The Mayor’s Court in Madras could inflict any punishment on any Indian or Englishman, including the death penalty.

    <p>False (B)</p> Signup and view all the answers

    The Mayor’s Court was required to take the help of a jury in criminal cases.

    <p>True (A)</p> Signup and view all the answers

    In civil matters, appeals against the judgment of the Mayor's Court could be filed only when the value exceeded 3 pagodas (local Madras currency) or when a loss of limb was involved.

    <p>True (A)</p> Signup and view all the answers

    The Mayor's Court was required to decide disputes in a summary way, according to justice and conscience, and according to the laws made by the company.

    <p>True (A)</p> Signup and view all the answers

    After the establishment of the Mayor's Court, the Choultry Court lost its importance and its jurisdiction was limited to only petty criminal cases.

    <p>True (A)</p> Signup and view all the answers

    The island of Bombay was under the occupation of the Portuguese since 1534, and in 1661, the Portuguese King gave the island to King Charles II of England as a dowry in the marriage of his sister.

    <p>True (A)</p> Signup and view all the answers

    King Charles II of England gave the island of Bombay to the East India Company in the year 1668 for an annual sum of 10 pounds.

    <p>True (A)</p> Signup and view all the answers

    The company was given authority for the general administration in Bombay, including the administration of justice and making of laws.

    <p>True (A)</p> Signup and view all the answers

    The company in Bombay was permitted to impose fines and penalties on those who disobeyed the laws of the company.

    <p>True (A)</p> Signup and view all the answers

    During the first stage of the Bombay settlement, two judicial systems were established in the year 1670, dividing Bombay into two divisions.

    <p>True (A)</p> Signup and view all the answers

    Each division in Bombay had a court consisting of five judges, where the Custom officer of the division served as the President of the Court.

    <p>True (A)</p> Signup and view all the answers

    The jurisdiction of the Bombay courts during the first stage extended to petty criminal cases involving more than 200 xeraphins.

    <p>False (B)</p> Signup and view all the answers

    In 1672, a governmental proclamation replaced the existing Portuguese law of the island of Bombay with English law.

    <p>True (A)</p> Signup and view all the answers

    What three types of courts were created in Bombay as part of the new judicial system established in 1672?

    <p>Court of Judicature, Court of Conscience, and Court of Appeals (B)</p> Signup and view all the answers

    In 1683, a Court of Admiralty was established in Bombay under the Charter of 1683, marking the start of the second stage of the Bombay settlement.

    <p>True (A)</p> Signup and view all the answers

    The island of Bombay remained under the control of the Mughals after the capture by Siddi Yakub in 1690.

    <p>True (A)</p> Signup and view all the answers

    In 1718, a new judicial system was established in Bombay upon the return of the island under the Company's jurisdiction.

    <p>True (A)</p> Signup and view all the answers

    The Court established in Bombay during the third stage, in 1718, consisted of a Chief Justice and 9 judges, 5 of whom were English and 4 were Indians.

    <p>True (A)</p> Signup and view all the answers

    The Court in Bombay had jurisdiction in all criminal and civil matters, applying principles of equity and rules made by the Company.

    <p>True (A)</p> Signup and view all the answers

    The civil cases which came before the Court in Calcutta were generally large in number and were often decided on the basis of personal laws of the parties or the customs of the communities involved.

    <p>False (B)</p> Signup and view all the answers

    The Court in Calcutta based its judgments on English law regarding criminal cases.

    <p>True (A)</p> Signup and view all the answers

    Job Charnock laid the foundations of the British settlement in Calcutta on August 24, 1690, establishing a factory at Sutanati on the banks of the river Hugli.

    <p>True (A)</p> Signup and view all the answers

    A fort named Fort William was built in Calcutta in 1698 to secure the zamindari of three villages.

    <p>False (B)</p> Signup and view all the answers

    The Company secured the zamindari of three villages- Calcutta, Sutanati and Govindpur from the Subedar of Bengal, Prince Azimussher, a grandson of Mughal Emperor Aurangezeb.

    <p>True (A)</p> Signup and view all the answers

    As zamindar, the company acquired the same privileges as other zamindars, including unlimited rights and privileges.

    <p>True (A)</p> Signup and view all the answers

    What officer did the company appoint as zamindar to collect land revenue from tenants?

    <p>The company as zamindar appointed an officer with the designation of Collector to collect the land revenue from the tenants.</p> Signup and view all the answers

    The Collector in Calcutta was given civil, criminal, and revenue powers to decide disputes arising within its jurisdiction.

    <p>True (A)</p> Signup and view all the answers

    The Company's role in justice administration in Calcutta was similar to that of other zamindars, with appeals from the Collector being heard by the Courts of the Nawab.

    <p>False (B)</p> Signup and view all the answers

    Unlike other zamindars, where the death sentence was confirmed by the Nawab, in the case of the company, this was performed by the Governor and Council without reference to the Nawab.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1726, issued by King George I on September 24, 1726, marked the beginning of Crown's courts in India.

    <p>True (A)</p> Signup and view all the answers

    What was the key reason for the Charter of 1726?

    <p>The requirement of a proper and competent power and authority for effective administration of justice in civil cases.</p> Signup and view all the answers

    The Mayor's Court in Bombay, Madras and Calcutta was established to do which of these?

    <p>Supersede all the existing courts (D)</p> Signup and view all the answers

    The Mayor's Court consisted of a Mayor and 12 Aldermen, seven of whom, including the Mayor, were required to be natural born British subjects.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1726 established the Crown's Court in India, with all previously established Courts being replaced with Royal Courts.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1726 created a uniform system for all three Presidencies of Bombay, Madras and Calcutta.

    <p>True (A)</p> Signup and view all the answers

    The jurisdiction of the King-in-Council was extended to India for the first time with the 1726 Charter.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1726 introduced the principles of English law through judiciary into India for the first time.

    <p>True (A)</p> Signup and view all the answers

    The provisions of the Charter of 1726 were implemented and new courts started functioning in the three presidencies by February 1728.

    <p>True (A)</p> Signup and view all the answers

    The independence of these courts and their strict adherence to English law led to several problems, including hostility between the Mayor and the Governor and Council.

    <p>True (A)</p> Signup and view all the answers

    The Mayor wanted to exercise limited judicial independence, while the Governor and Council easily granted it to him.

    <p>False (B)</p> Signup and view all the answers

    The jurisdiction of the Mayor's Court was clearly specified in the Charter, and it was clear whether the matters belonging to the natives were within the jurisdiction of the Court or not.

    <p>False (B)</p> Signup and view all the answers

    The Mayor’s Court annoyed the natives by applying the principles of English law to them without regard to their personal laws and customs.

    <p>True (A)</p> Signup and view all the answers

    The Charter of 1753, sought to resolve disputes between the Governor and Council and the Mayor's Court.

    <p>True (A)</p> Signup and view all the answers

    In order to prevent future disputes, the Charter of 1753 placed the Mayor under the subjection of the Governor and Council, effectively stripping him of any independence.

    <p>True (A)</p> Signup and view all the answers

    According to the charter of 1753, lawsuits involving natives were to be heard by the Mayor's Court, as long as both involved parties agreed to it.

    <p>True (A)</p> Signup and view all the answers

    The jurisdiction of the Mayor's Court was restricted to suits of over 5 Pagodas in value.

    <p>True (A)</p> Signup and view all the answers

    A Court of Requests was created to hear small civil cases up to the value of 5 Pagodas during the 1753 reforms.

    <p>True (A)</p> Signup and view all the answers

    The judges of the Court of Requests were called Commissioners, appointed by the Governor and Council from amongst the servants of the Company.

    <p>True (A)</p> Signup and view all the answers

    In Madras, the Choultry Court existed to decide cases up to the value of 20 Pagodas until it was abolished permanently in 1774.

    <p>False (B)</p> Signup and view all the answers

    In Calcutta, the natives were put under the jurisdiction of the Zamindar's Court, leading to disputes between the Zamindar’s Court and the Mayor's Court.

    <p>True (A)</p> Signup and view all the answers

    In Bombay, the company established separate courts to decide disputes among the natives, as they believed it was important to treat the natives differently.

    <p>False (B)</p> Signup and view all the answers

    The East India Company became the accepted political power in Bengal after their victory at the Battle of Plassey in 1757.

    <p>True (A)</p> Signup and view all the answers

    The company recognized the nominal Nawabs as the political heads in Bengal to avoid interference from the British Parliament and the Portuguese.

    <p>True (A)</p> Signup and view all the answers

    The company obtained the Diwani of Bengal, Bihar and Orissa from the Mughal emperor in 1765, for an annual revenue of Rs 26 lakhs.

    <p>True (A)</p> Signup and view all the answers

    As Diwan, the company took responsibility for the administration of justice, efficiently collecting land revenue and improving the condition of the province.

    <p>False (B)</p> Signup and view all the answers

    The Court of Directors declared their willingness to act as Diwan of the subahs and to administer these subahs directly on August 28, 1771.

    <p>True (A)</p> Signup and view all the answers

    Warren Hastings was authorized to administer a plan of judicial administration in 1772.

    <p>True (A)</p> Signup and view all the answers

    The first judicial plan was prepared by the Committee of Circuit under the Chairmanship of Warren Hastings, dividing the three provinces of Bengal, Bihar and Orissa into districts.

    <p>True (A)</p> Signup and view all the answers

    Each district in the first judicial plan was put under the control of a 'Collector’ who was responsible for revenue.

    <p>True (A)</p> Signup and view all the answers

    The Mofussil Faujdari Adalat was the court of criminal jurisdiction established within each district in the first judicial plan.

    <p>True (A)</p> Signup and view all the answers

    The Mofussil Faujdari Adalat was presided over by a Qazi and Mufti, and assisted by two Maulvies.

    <p>True (A)</p> Signup and view all the answers

    The Mofussil Faujdari Adalat operated under the general supervision of the Collector.

    <p>True (A)</p> Signup and view all the answers

    The Mofussil Faujdari Adalat had full power to decide and punish criminal cases.

    <p>True (A)</p> Signup and view all the answers

    In capital cases, the proceedings of the Mofussil Faujdari Adalat were submitted to the Sadar Nizamat Adalat, and ultimately to the Nawab for sentencing.

    <p>True (A)</p> Signup and view all the answers

    The Mofussil Diwani Adalat was a court of civil jurisdiction established in each district, where the Collector served as the judge.

    <p>True (A)</p> Signup and view all the answers

    Flashcards

    Legal History

    The study of the evolution and development of legal systems over time.

    East India Company

    A British trading company that established control over India in the 17th century.

    Charter of 1600

    An official document granting the East India Company exclusive trading rights in Asia.

    Charter of 1661

    Empowered the East India Company to govern and administer justice in India.

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    Settlement at Surat

    The first factory established by the East India Company in 1612 under Mughal Emperor Jahangir.

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    Madras Presidency

    One of the three main British presidencies established in India, focusing on Madras.

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    Admiralty Court

    A court established under British law to handle maritime cases and commercial disputes.

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    Mayor's Court

    Court established by the Charter of 1726 to administer justice in British settlements in India.

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    Charter of 1726

    Established Crown’s courts in India for civil and criminal cases, standardizing judicial processes.

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    Warren Hastings

    The first Governor-General of India, instrumental in judicial reforms and the Adalat system.

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    Judicial Plan of 1772

    A plan by Warren Hastings establishing a structured judicial system in Bengal, Bihar, and Orissa.

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    Mofussil Faujdari Adalat

    Criminal courts established in districts under the Judicial Plan of 1772.

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    Sadar Nizamat Adalat

    Supreme criminal court in Bengal overseeing major criminal appeals.

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    Mofussil Diwani Adalat

    Civil courts set up in each district under the Judicial Plan of 1772.

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    Zamindar

    Landlord in India who had various rights, including judicial powers under the Mughal system.

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    Systematic Administration

    The organized approach to governance and justice by the East India Company in India.

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    Judicial Plan of 1774

    Modified judicial structure with replace of Collectors by Amils to promote fairer justice.

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    Dual System of Laws

    The coexistence of English and Indian laws governing different communities in British India.

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    Farman

    An edict or decree issued by a Mughal emperor granting rights or privileges.

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    Judicial Independence

    The principle that courts and judges should make decisions free of outside influence.

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    Court of Requests

    Court created to handle small value civil cases; established to ease judicial backlogs.

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    Charter of 1753

    Amended the authority of the Mayor's Court, limiting its jurisdiction over natives.

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    Calcutta Settlement

    Foundation of British settlement in Calcutta by Job Charnock in 1690.

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    Sovereignty of the Company

    Legal and administrative authority claimed by the East India Company over Indian territories.

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    Innovative Judicial Systems

    New legal frameworks introduced by the East India Company to control and administer justice.

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    Colonial Influence on Law

    The impact of colonial powers on the legal systems of their colonies, including India.

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    Judicial Circuit

    The geographic area over which a judge or court has jurisdiction.

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    Study Notes

    Legal History - Unit I: Early Developments (1600-1836)

    • Unit Objectives and Learning Outcomes

      • Understand the development of modern legal systems, tracing its historical development from colonial times.
      • Understand the trajectory of the legal system's development in India, including the establishment of the East India Company and subsequent charters' impact on existing legal systems.
      • Examine the establishment of the East India Company's rule in Bombay, Calcutta, and Madras, and the replacement of existing legal and justice systems with Company and English laws.
      • Appreciate how the shaping of law occurs through historical experiences of a country and its people.

    • Suggested Readings

      • M.P. Jain, Outlines of Indian Legal and Constitutional History, LexisNexis, India, 2014.
      • Sumit Malik, V.D. Kulshrestha's Landmarks of Indian Legal and Constitutional History, Eastern Book Company, 2016, Greater Noida, UP, 11th Edn.
      • M.P. Singh, Outlines of Indian Legal History, Universal Law Publishing Co., Delhi, 2010.

    • Introduction to Legal History

      • Legal history encompasses the growth, evolution, and development of a country's legal system.
      • It studies the historical process of a legal system's development into its current form.
      • All societies, since their beginnings, have had laws and rules regulating their societies.
      • India, as an ancient civilization, has a rich history of law and justice, with distinct developments in ancient and medieval eras.
      • The 17th century marked a significant moment with the arrival of the English as traders and merchants.

    • The History of the East India Company

      • The East India Company viewed India as a static society without change.
      • The company aimed at replacing India's existing legal traditions and institutions with British laws and legal education.
      • The company's history provides a framework for studying Indian law and legal institutions.
      • 31st December 1600: The East India Company was chartered by Queen Elizabeth, with trading rights in Asia, Africa, and the Americas beyond the Cape of Good Hope to the Straits of Magellan.

    • Charters of the East India Company

      • (1600): No other British subject could trade in the area without a license from the Company. The Company was managed by a Court of Directors.
      • Charters granted for 14 years, renewable for another 15 years. Renewed charters maintained the company's legal powers.

    • Charters of the East India Company (1661)

      • The Company was empowered to appoint a Governor and Council at its factories.
      • The charter authorized the Company to try and punish all persons living under it, including Indians.
      • The charter opened doors for English law application in India.
      • Judicial powers were given to the Governor and Council.

    • Settlements of the Company - Surat

      • Emperors granted the Company facilities to operate in Surat, according to English laws, religions, and customs.
      • The Company was governed by the laws of England regarding disputes between English and Indians.
      • Local Indian courts handled disputes between Indians.

    • Settlements of the Company - Madras

      • 1639: Madras founded by Francis Day. Fort St. George was established.
      • Early stages (1639-1665): Madras was associated with Surat; administration by agents and councils.
      • Judicial system was evolving with agent and council roles for White Town and a Choultry court overseen by a village headman for the Black Town.
      • Subsequent stages (1665-1726) marked the development of a more formalized system, including the court's power to hear criminal and civil cases and appeals.

    • Settlements of the Company - Bombay

      • Early stages (1668-1683): Initial judicial systems, dividing the island into divisions each with its own courts. Courts administered cases limited in value (theft, stolen goods under 5 Xeraphins).
      • 1672: Replacement of Portuguese law with English law.
      • Subsequent stages (1684-1726): Development to Courts of Judicature, Conscience, and Appeals, establishing the Court of Admiralty, and 9-judge courts with English and Indian judges. The courts administered criminal and civil matters following English law principles and equity.

    • Settlements of the Company—Calcutta

      • 1690: Calcutta founded by Job Charnock and the establishment of a British settlement with the securing of the zamindari.
      • The company's role as zamindars gave it a special position, different from other landholders and leading to conflicts over jurisdiction. The Collectors were replaced by Amils or Diwans.

    • Introduction of Authoritative and Uniform Judicial Pattern (1726-1773)

      • King George I issued the Charter of 1726, establishing Crown courts in India and marking a shift from Company-controlled courts.
      • Reasons for the charter included the need for a proper judicial system in terms of power and authority for civil and criminal cases.
      • Creation of Major courts for the three Presidencies of Bombay, Madras, and Calcutta surpassing earlier systems.

    • Introduction of Authoritative and Uniform Judicial Pattern, continued:

      • The Courts for the first time followed uniform systems in Bombay, Madras and Calcutta.
      • Kings in Councils increased their jurisdiction to India in the charter.

    • Introduction of Authoritative and Uniform Judicial Pattern, continued:

      • Conflicts arose between the Mayor’s courts and Government authorities and the courts regarding their independence and jurisdictions including natives.
      • The charter of 1753 was created to address conflicts between the courts about their jurisdictions over natives. The Courts of Requests (heard small civil cases up to a value of 5 pagodas).

    • Courts for Natives:

      • Madras: The Choultry Courts handled cases up to 20 pagodas.
      • Calcutta: Disputes between Zamindar's, Company's courts and local natives.
      • Bombay: No separate native courts were created; the company held full sovereignty.

    • Beginnings of the Adalat System - Warren Hastings

      • The East India Company gained political power in Bengal in 1757.
      • In 1765, the company acquired the Diwani of Bengal, Bihar, and Orissa.
      • The company faced difficulties in administering justice and revenue collection due issues and conflicts.
      • The Company authorized Warren Hastings to administer a judicial system.

    • Judicial Plan of 1772

      • Warren Hastings' committee established a system with numerous courts:
      • Mofussil Faujdari Adalat—criminal courts in each district. Under the supervision of collectors and assisted by Qazi, Mufti, and Maulvis. The courts handled criminal cases.
      • Mofussil Diwani Adalat—civil courts in each district; handled suits involving inheritance.
      • Sadar Nizamat Adalat—appeals for criminal cases; headed by Daroga-i Adalat and assisted by Qazi, Mufti and Maulvis. -Sadar Diwani Adalat—appellate court for civil disputes. Headed by a court board composed of the Company’s Governor, and Council .

    • Judicial Plan of 1774

      • Replaced the Collectors with Amils or Diwans for judicial duties in each district.
      • Established a Provincial Council in each of the six divisions.
      • Established the Councils to oversee land revenue collection and hear criminal and civil disputes.

    • Drawbacks of the Judicial Plan of 1772

      • Limited jurisdiction for smaller cases.
      • Travel time and cost to reach district headquarters for hearings.
      • Collectors holding considerable authority and potential for misuse.

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    Explore the origins of modern legal systems in this quiz focused on the period from 1600 to 1836. Understand the influence of the East India Company's establishment on India's legal landscape and the transition from existing justice systems to English law. Test your knowledge on the historical development of law in India and its implications.

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