Module 2: Advent of British Colonialism in India

The advent of the British in India begins with Queen Elizabeth’s Charter of
1600 to some merchants of London who formed the East India Company to
trade with the East Indies.
The British East India Company set up trading establishments on the east and
west coasts of India and in Bengal, called factories.
The Company had begun its operations as a trading company but it soon
became interested in politics and to act as an agent of The British
Government in India.
The Charter gave the company permission for traffic along with Merchandise
Trade and permission to assemble at any convenient place, to make
reasonable laws and ordinances for the good government of the East India
Company.
Charters of 1600,1609, 1635, 1657 and 1661 were the initial charters of the
company under which the company was developing its authority over the
trade only.
 Purpose of the charters

• It gave exclusive trading rights to the company to trade in the whole of

Asia, Africa and America.
• The Affairs were to be conducted on Democratic lines.
• No British Subject could carry trade without a license from the
company.
• To maintain Law and Order on long voyages the company used the
crown’s powers and thus permitted itself to select a Commander in
Chief on each voyage and that person could punish anyone.
• The charter gave the company a monopoly to trade with all countries
 Initial charters of the company
Charter of 1600
The first Charter of 1600 was mainly designed for trade and was not intended for acquisition of any dominion in
India.
The legislative authority was given to the company in order to enable it to regulate its own business and
maintain discipline amongst its servants. However this power was subjected to two important conditions i.e.,
reasonableness and non-contravention of the statutory as well as customary English law.
The company established first Royal Commission in 1601 to punish its servants for grave offences.
Charter of 1609
In 1609, fresh charter was granted to the company which continued its privileges in perpetuity, subject to the
condition that they could be withdrawn after three years notice.
The company was authorised to continue all the powers and privileges which were earlier granted to it under the
Charter of 1600.
In 1615, the king authorised the company to establish similar Royal Commission as it was established under the
Charter of 1600 to conduct the trial of capital offences like wilful murder, mutiny etc.
Concept of Jury trial was formalised for the first time and 12 servants of the company was allowed to give
verdict in such cases.
Trial of Gregory Lellington:
Initial charters of the company continued…
Charter of 1635
Not very much contributed in the legal development of India. New company was allowed to be set up
under this charter and the old East India Company faced competition and challenges with the
function and working of this new company.
Charter of 1657
This charter ended the old rivalry between the old companies by amalgamating various joint stock
companies into one joint stock company.
Charter of 1661
After this charter the company entered into an unprecedented prosperity and changed its character
from purely trading company into a territorial power.
This charter reorganised the company on a joint stock principle and each member who had a share
capital of 500 pound was given the right to one vote in the general court of the company.
The company was authorised to appoint governors and other officers for proper administration of
civil as well as criminal justice over the persons employed by the company at its various trading
centres of Calcutta, Bombay and Madras according to English law.
 Transition of company from a trading body to a territorial power
Charter of 1668
This charter authorised the company to make laws, orders and constitutions in consonance with the laws of England for good governance of island
of Bombay. It granted tterritorial sovereignty to the East India Company by granting the port of Bombay.
It also empowered the company to establish courts of judicature similar to those established in England for the proper administration of Justice.
Charter of 1683
This charter provided that a court of judicature should be established at such places as the company might consider suitable consisting of one person
learned in civil laws and two merchants to decide the cases according to equity, justice and good conscience, laws and customs of the merchant by
such dates as directed by the crown from time to time.
It also authorised east India Company to establish admiralty courts at the places of its own choice.
Charter of 1686
This charter strengthen the concept of admiralty courts and authorised the company to appoint admirals or other sea officers in any of their ships to
raise naval forces and exercise martial law during the times of war.
The company was authorised to establish municipality and a Mayor’s court at Madras. The constitutional government of the company was extended
to company’s territories in India.
Charter of 1693
This charter was issued to break the monopoly of the old company and again a new company was established in the name of General Society. With
the passage of time serious competition and conflict arose between these two companies and finally both these companies were united in the name
of “The United Company of merchants trading to the East Indies”.
Charter of 1698
This charter made significant changes in the existing rules to improve the administration of the company. It created a separate court called court of
proprietors and the control of entire affairs of the United Company was entrusted in the hands of this court.
 Acquiring territories and establishing settlements
After the death of Aurangzeb, the Mughal empire started disintegrating
and English Company got an opportunity to lay its foundations in
England as well as in India.
By that time the company was in possession of three factories and its
settlements at Bombay, Calcutta and Madras and under the changing
conditions it started exercising its wider authority at the settlements of
Bombay, Calcutta and Madras.
At Bombay, the company was exercising its powers as the
representative of the company whereas the position of Madras and
Calcutta was different.
The policy of the company varied according to the principle by which
control was to be exercised in all these three settlements.
 Settlement of Surat
The company established its first factory in India at surat in 1612 during the time of Moughal Emperor
Jahangir.
The factory was administered by a President and Council who were appointed by the company. The
decisions of majority of the members were the decisions of the company.
The emperor issued a “Firman” granting certain facilities to the English people to carry on their activities,
live according to the laws, religion and customs of England and to be judged by their own laws in their
disputes. However a dispute between an Indian and an English was to be decided by the local Indian
Courts.
During this time, the English people were governed by the dual system of Laws:
i. In their own matters by the laws of England; and
ii. In matters with the Indians by the native laws of the country.
The native courts of Surat did not enjoy good reputation as they suffered from many evils. There was no
set pattern of crimes and punishments and corruption was also very much rampant amongst the judges.
The Surat settlement of the company did not remain in prominence for longer period of time and it lost its
importance very shortly after the transfer of the seat of President and Council to Bombay.
 Settlement of Bombay
Bombay was transferred to East India Company by Charles II which he
got as a dowry from Portugal for an annual rent of 10 Pound by the
Charter of 1668.
This charter authorised the company to make laws, orders and
constitutions in consonance with the laws of England for good
governance of island of Bombay. It granted tterritorial sovereignty to the
East India Company by granting the port of Bombay.
It also empowered the company to establish courts of judicature similar
to those established in England for the proper administration of Justice.
In beginning the Bombay was put under the authority of a Deputy
governor and Council and they were subject to presidency at Surat.
 Administration of Justice in Bombay
First stage (1668-1683)
1. Court of Judicature
2. Court of Conscience
3. Court of Appeals.
Second stage (1684-1693)
1.Court of Judicature
2. Admiralty Court
Third stage (1718-1726)
Court of Chief Justice
 Administration of Justice in Bombay: First stage (1668-
1683)
During this period two judicial systems were established in the Island of Bombay. The first of them
was established in 1670 which was quite elementary and primitive.
There was no distinction between the executive and judiciary and it also lacked the provisions for
lawyers in the courts.
After several demands it authorized the deputy governor to select any lawyer member of its choice
available in India. Mr. George Wilcox was selected as lawyer member in the judicial administration
and after that the judicial system of 1670 was abolished and a new system was established in 1672.
This new judicial system established three important courts in the settlement of Bombay:
1. Court of Judicature: The court had jurisdiction over all kinds of matters including civil, criminal,
probate and testamentary matters. All cases were decided with the help of jury. For civil cases the
court used to sit once in a week whereas for criminal matters it used to sit once in a month. A court
fee at the rate of 5% was imposed on civil suits.
2. Court of Conscience: This court was established to provide quicker dispensation of justice. It
entertained only petty cases. This court did not have any jury. The judges used to decide the cases to
the best of his judgment.
3. Court of Appeals: The deputy governor and its council functioned as Court of Appeal. They used
to hear appeals against the judgments of the court of judicature in all matters.
 Administration of Justice in Bombay: Second stage (1684-1693)
The Judicial system established under the plan of 1672 worked well till 1683 and it was quick,
inexpensive and efficient. Its main defect was that the judges were not paid properly and they were
put under the subjection of the executive and could be harassed by the officers of the company.
In 1684, the company established a new judicial system to overcome these shortcomings. Under the
new judicial system of 1684, a Court of Admiralty was established in Bombay on the lines of
Court of Admiralty established in Madras under the Charter of 1683 to exercise jurisdiction
mainly on maritime and admiralty matters.
Due to absence of any other court under this Judicial System, jurisdiction over civil and criminal
matters also went to this court. After sometime dispute arose between Governor and the council and
the Judge-Advocate of Admiralty Court and the jurisdiction over civil and criminal matters were
taken from this court in 1685.
To deal with civil and criminal matters, a court was established in the lines of Court of Judicature
created under the Judicial Plan of 1672. However the jurisdiction of these courts were not clearly
demarcated and the dispute continued even after that.
Siddi Yakub (1690-1718)
 Administration of Justice in Bombay: Third stage (1718-
1726)

In 1718, a court with Chief Justice and 9 other Judges were established
by the company and out of the 9 judges 5 were English and 4 were
Indians.
This court had jurisdiction in all civil and criminal matters. Decisions
were given on the principles of equity, justice and good conscience and
the rules made by the company from time to time.
Judgments were required to be given in accordance with English law.
Presumption of innocence and benefit of doubt to the accused did not
get recognition before this court.
 Administration of Justice in Madras
Madras was founded by Francis Day on a piece of land granted to him by a
Hindu Raja and the legal system that existed therein till 1726 can be divided
into three stages.
Establishment of Various Courts:
The court of agent and his council for the white town
The Choultry court presided by village headman for the Black Town
Establishment of corporation in Madras and Mayor’s Court
Drawbacks of the judicial System of Madras:
1. Absence of proper judicial system.
2. Uncertainty of Laws
3. Severe punishments
4. Lack of facilities in the Jails
5. Unfair Trials
 Administration of Justice in Calcutta
In 1698, the company secured the zamindari of three villages, namely
Calcutta, Sutanati and Govindpur from the Subedar of Bengal, Prince
Azimushsher, one of the grandsons of Aurangzeb.
As zamindar, the company obtained all the privileges available to the
company. The company as Zamindar appointed an officer with the
designation of Collector to collect the land revenue from the tenants.
He was also conferred civil, criminal and revenue powers to decide disputes
within its jurisdiction. Laws and procedures were not clearly prescribed.
Appeal against the judgment of the collector was allowed before the
Governor and its council. Death sentence were required to be confirmed by
the Governor and its council.
Serious criminal cases and civil disputes relating to Englishmen were outside
the jurisdiction of the Collector and they were decided by the Governor and
its council.