Charter of 1726

It introduced the uniformity of approach regarding the judicial system in each

presidency town. The charter established civil and criminal courts in the
presidency town which derived their authority not from the company but from
the British crown. These courts were therefore, designated as Royal Court. The
advantage of having Royal Court in India was that their decision was an
authoritative of both of the courts were same. This charter initiated the system of
appeal from the courts in India to the Privy Council in England and thus was
established a bridge between the English and the Indian Legal Systems.
King George I on September 24th, 1726, marked the beginning of the crown’s
court in the country. The company requested to the King to the issue than a
charter by which special power could be granted to the company.
REASONS OF PASSAGE OF CHARTER
1. To have more competent power of authority in order to name a speedy
justice in civil and criminal offences
2. Lack of jurisdiction regarding the position of the property of the deceased
servant
3. Absence of proper authority, to deal with the indiscipline and serious crime
committed by the military person
4. Accepting the request of the company, the king granted the charter of 1726
The provision of the charter was implemented in all 3 presidencies. With the
charter, the company has sent in each presidency a book of instructions so as to
method the proceedings in the civil cases, session trials, the qualification of the
judges and the administrative book.
The charter of 1726, constitute the landmark in the Indian legal history as this
charter is also called the judicial charter. However it continued in its previous
continuance:
1. Justice continued to be administered by the non-professional judges.
2. Integral relationship between executive and judiciary was maintained.
THE MAYOR’S COURT
It consisted of a mayor and an admiral court, 7 of whom including the mayor were
to be natural born British subject while the remaining 2 were to be chosen either
from subjects of any princely state namely friendly relations with Britain. This
court was declared as the court of record. The court will try here to determine all
the matter according to justice and rights. Appeals from the decisions of the
mayor courts were filed in the court of governor and council.
COURT OF GOVERNOR AND COUNCIL
The charter promised that the governor and 5 senior members of the council was
also to act as court of Oyer and Terminer as well as court of goal delivery that is
for the trial and delivery of very prisoner who was in jail or for any crime that
have been committed by him. By virtue of the same charter for the first time an
appeal was allowed to the governor in council from the decision of the mayor
court in each presidency town, the decision of the governor in council was final in
all the cases involving a sum less than 100 pagodas. In case a sum is around more
than 100 pagodas it was allowed to be filed in king of council court.
DIFFERENCES BETWEEN 1687 AND 1726
S no. 1687 charter 1726 charter
1. It applied only to Madras It applied to all the 3
presidencies
2. In 1787, the jurisdiction in It deals with civil matters only
criminal matter only
3. Appeal against the judgement Appeals went to the King of
went to the court of the council court
adminarity.
4. Court of company (Mayor’s Court of crown
court)
5. Guided by its own procedure of Had to observe the procedures
convenience of technicalities of the court in
English.
DEMERITS OF 1726 CHARTERS
 Appointment of Non-lawman judge
 No separation of judicial and execution was made
 Conferring of legislative power to governor and council
BLACK HOLE TRAGEDY
Battle of Plassey and battle of Buxar
1st governor of Bengal: Robert Clive
1st governor general of Bengal: Warren Hastings