The Charter of 1726 Quiz

Charter of 1726

• Issued to the East India Company by King George I on September 24, 1726
• Introduced uniformity in the company's approach across all three presidencies
• Created a local legislature in each presidency town
• Empowered the Governor-in-Council to establish rules and by-laws for better administration
• Established subordinate legislative power in each presidency town for the first time
• Created corporations in each presidency town composed of a Mayor and nine Aldermen
• The Mayor served one-year terms, and could be re-elected from among the Aldermen by the other Aldermen and the outgoing Mayor
• Established civil and criminal courts in presidency towns
• Designated these courts as "Royal Courts," with the Crown as the ultimate authority
• Provided an appeals system from Indian courts to the King-in-Council (or Privy Council) in England
• Created a link between English and Indian legal systems
• Civil courts (Mayor's Court) handled cases involving 9 Aldermen (7 plus 2) and a Sheriff. Criminal courts (Governor and Council) consisted of 5 council members who worked as justices of the peace.
• The Mayor and two Aldermen constituted each mayor's court
• Courts had authority to hear civil suits in the town and subordinate lands

Genesis of the Charter

• Growing political and commercial activities of the East India Company
• Lack of competent courts in India led to disputes
• British Courts questioned decisions from Indian courts
• Need arose for uniform rules and systems across presidency towns

Charter of 1726 vs. Charter of 1687

• 1726 Charter applied to all presidencies; 1687 only to Madras
• 1726 had jurisdiction only in civil cases; 1687 had wider jurisdiction (civil and criminal)
• 1726 appeals went to the Governor and Council, then the King in Council, and then the Royal Court; 1687 appeals went to the Admiralty Courts, Company Court, and Court of Equity
• 1726 used English law; 1687 used English law, Admiralty Court, and Court of Equity

Charter 1753

• Solved administrative problems and disputes between the Governor and Mayor's Court
• Aldermen were appointed by the Governor and Council
• The Mayor, the Governor, and Council selected one Alderman from a panel of two names submitted annually by the corporation
• Dismissal power of Aldermen given to the Governor and Council
• Mayor's Court lost autonomy and independence
• Mayor's Court couldn't hear cases between natives unless both parties agreed to approach the court
• Mayor's Courts gained authority to hear cases against the company.
• Courts of Requests were established to help those with small claims to make it easier to have disputes settled.

1717-1765 Indian History

• In 1717, Farrukhsiyar granted duty-free trading rights to the East India Company for Bengal, strengthening coast ports.
• Hyderabad was founded in 1724 by Nizam-ul-Mulk Asaf Jah.
• Saadat Khan declared himself independent ruler of Awadh in 1722.
• Mysore was under Haidar Ali.
• Murshid Quli Khan and Alivarthi Khan made Bengal virtually independent in 1717.
• After Murshid Quli Khan's death in 1739, Alivarthi Khan became the sole authority of Bengal.
• Alivarthi Khan sought to control British activities.
• In 1756, Siraj-ud-Daulah, grandson of Alivarthi Khan, came to the throne.
• British imposed heavy taxes on Indian goods entering Calcutta.
• Siraj-ud-Daulah seized the English factory and occupied Fort William in 1756.
• British reoccupied Calcutta in 1757.
• The British proclaimed Mir Jafar as the Nawab of Bengal.
• The East India Company was granted undisputed rights to free trade in Bengal, Bihar, and Orissa, receiving the zamindari of the 24 Paragana district.
• This paved the way for British power and enabled them to organize a stronger army.
• The Battle of Buxar was fought in 1764 between the British and the combined armies of the Nawab of Bengal, the Nawab of Awadh, and the Mughal Emperor.
• The British won the battle and Shah Alam II granted Diwani (tax collection rights) over Bengal, Bihar, and Orissa.
• The Company was granted control of the police and judicial powers of Bengal. This dual government structure continued the nawab as part of the administration.

Military Expansion

• Anglo-Maratha Wars (three wars between the Marathas and the British)
• First Anglo-Maratha War (1777)
• Second Anglo-Maratha War (1803)
• Third Anglo-Maratha War (1817-1818 also called the Pindari War) - eliminated the peshwa system and integrated Maratha lands into company rule

Wellesley's Subsidiary System

• Forced the rulers of allied Indian states to accept permanent British forces in their territories
• Collected tribute to maintain these forces
• States like Awadh, Karnataka, and Mysore were pressured into the system
• British forces defeated Maratha peshwas in 1803, which resulted in signing the subsidiary agreement.

Doctrine of Lapse

• The doctrine of lapse, established by Lord Dalhousie, allowed British annexation of Indian states without a natural heir
• States including Satara, Nagpur, and Jhansi were annexed using this doctrine.

British Administration

• By 1784, the administration of the East India Company was under British government control
• British policies were driven by the demands of the British economy
• Maintaining law and order was important for the British to operate and trade in India and allowed them to sell goods across the area.

Civil Services

• Lord Cornwallis established the civil service in India
• Company servants, compensated for low wages, were prone to corruption
• Lord Cornwallis aimed to improve the administration with measures to address corruption
• To combat corruption, they increased salaries of company servants.
• Fort William College at Calcutta was created to educate civil servants to improve conditions in 1800.
• Civil servant appointments were made by the directors of the East India Company until 1853.
• In 1853, a competitive examination was established for selecting civil servants.

Army

• The army was an essential component of the British administration in India.
• Most of the army was comprised of Indian soldiers, recruited mostly in Uttar Pradesh and Bihar
• By 1857, the Indian army had 3,11,400 soldiers, with 2,65,900 being Indian
• Indian soldiers received far less compensation than their British counterparts. and held much lower positions.

Police

• Lord Cornwallis established a separate police force for maintaining law and order in Bengal
• The system borrowed from previously existing Indian police systems, notably from Thanas
• A police superintendent was appointed in each district.

Judicial Administration

• British established a new, hierarchical system of civil and criminal courts
• Warren Hastings laid the initial foundations
• Lord Cornwallis improved the system by introducing permanent courts under the supervision of civil servants
• The hierarchy included the Sadar Diwani Adalat (provincial level) and Sadar Nizamat Adalat (criminal court) in the districts. These were further divided into Diwani Adalat (civil) and Foujdar Adalat (criminal)
• Courts in the regions applied existing customary law.
• A new code was introduced in 1793, called the Cornwallis Code, based on the principle of separation of powers, providing an equality of the law.
• Divisions were formed to handle criminal cases and divided the Presidency of Bengal, presided over by civil servants.Appeals went to Sadar Nizamat Adalat, and criminal laws were based on Muslim law, modified to be less harsh.
• In 1831, the provincial courts of appeal and circuit were abolished, thereby upgrading positions with titles such as Deputy Magistrate and Judge who were part of the Judicial service.

1833 onwards

• In 1833, a law commission was formed under Lord Macaulay to codify Indian laws.
• Indian Penal Code, Civil Procedure Code, and other codes of law were compiled based on the recommendations of that commission.
• British established a process for enacting and codifying pre-existing legal precedents.

Other Important Information

• The significant points about the 1717 to 1765 period include the granting of trade rights to the East India Company, the establishment of new states (Hyderabad), the declaration of independent rulers, and the consolidation of power structures in various parts of India.

Test your knowledge of the Charter of 1726 and its implications in the governance of presidency towns. This quiz covers key roles, judicial structures, and changes brought by the Charter. Explore the responsibilities of the Governor-in-Council, Aldermen selection, and more.