THE CHARTER OF 1600

The advent of the British in India begins with Queen Elizabeth’s Charter of the
year sixteen hundred to some merchants of London who formed the East India
Company to trade with the East Indies. As a consequence of this Charter the
British East India Company set up trading establishments on the east and west
coasts of India and in Bengal, called factories.

The following things are listed in the Charter of 1600:

1) Issuing Authority- The Charter of 1600 has been passed by British Queen
Elizabeth 1 on December 31, 1600.
2) Overall Content- This Charter defined the constitution, rights and
liabilities, powers, purposes of the company.
3) Change of name of British Company – The Governor and the ‘Company
of Merchants of London trading into East Indies’ to be known as East
India Company, which was incorporated in England on December 31,
1600.
4) Territorial Extension of Trade- The exclusive privilege of trading with
given to the company. The trading rights of East Indies from Cape of
Good Hope to Strait of Magallen.( comprising of India, Asia, Africa and
America)
5) Monopoly of Company- Any other British subjects other than East India
Company were prohibited from interfering with the privileges of the
company. If anyone wanted to start trade in this area then they had to
issue license from the Queen. If anyone starts trade without prior
permission and company, then punishment was ensured.
6) Duration of Company- The Charter’s validity was of 15 years, but there
was a clause that if the company’s commercial activities were not found
profitable to British trade and commerce, then British crown was
empowered to revoke it, even earlier on a 2 years notice.
7) Management and Administration- The company was managed by a
Governor and 24 directors, who formed the Court of Directors of the
company.
 8) General court- The general court elected the Court of Directors every
year, even they had the powers to oust them. In case of vacancy, general
court filled it for the remaining of the year if some people are ousted
from it.
9) Legislative Control- The Charter authorised the company to make laws
with limited powers i.e, make bye laws, ordinances for good government
for its servants and officers and advancement of Trade.
10) Penal powers- The company was empowered to impose fine,
penalties and disobedience for its laws, but they are not supposed to be
contrary to the laws of England and customs of England.
11) Right to make law- The company was permitted to make general
laws. The company was allowed by charter that it could give up to
simple imprisonment and fine for maintaining law and order.

THE CHARTER OF 1661

This Charter is an important landmark in the history of evolution of judiciary in

India because it introduced significant changes in judicial administration.

The following things are listed under Charter of 1661:

1) Issuing Authority- The Charter of 1661 has been passed by King Charles
of Britain
2) Appointment in hands of company: Company appointed Governors and
other officers in their settlement in India ( Settlements of Surat in 1912
and Madras 1639). Settlements of British only in India.
3) Extent of jurisdiction- Governors in Council of each factory can hear and
decide all civil and criminal cases of the servants of the company as well
as those living under the it’s jurisdiction I.e, all natives.
4) Penal powers- No restrictions on the nature of punishments. Even they
were entitled to give capital punishment in suitable cases.
5) No separation between executive and judiciary- Judicial powers were
centralised in the Governor and Council, who was also the Head of the
company’s executive court.
6) Safeguard for Englishmen- The execution of judgments of cases had to
be done according to the laws of England.
7) What about Indians- Their interests were sidelined because the local
traditions, customs and usages were completely disregarded.
8) Other provisions- The British had the power to fight war or make treaty,
if necessary according to their needs. Monopoly of British was kept
intact as well as for security purposes they were allowed to keep armed
forces.