The Court of Judicature

Governor and Council

The Admiralty Court
Law expert
Two Merchants
The Mayor Court
Mayor
3 Aldermen
The Choultry Court
Three British servants
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 Bombay Judicial system

• First phase:1668-1684
• Second Phase:1684-1690
• Third Phase: 1718-1726

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• The Portuguese were the first Europeans nation to
acquire the Island of Bombay in 1534.
• In 1661 the Portuguese king Alfonsus VI
transferred the Island to Charles II, as dowry on
marriage of his sister Princess Catherine with
British king.

• It transferred to the East India Company in 1668.

• The charter empowered the company to make laws
for the good government of the Island and also
authorized to create courts to judge all persons all
actions.

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Both civil and criminal powers were given to the
company and they could inflect any punishment
based on English law.
the charter 1668 marks that the transition of the
company from a trading company to a
Sovereign invested with powers of civil and
military Government.

Deputy Governor and Council were appointed to

administer Bombay.

The first judicial system was established in 1670

with efforts of Aungier.
 Bombay 1670
Division II

Division I
Bombay, Mazagaon
and Girgon

Division II
Mahim, Parel, Sion
Girgon and Worli

Division I
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 Division I Division II
Bombay, Mazagaon Mahim, Parel, Sion
and Girgon and Worli
Customs officer Customs officer
five judges five judges

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 Each Division
Customs officer
five judges/justice of peace

1 2 3 4 5
Subdivision Subdivision Subdivision Subdivision Subdivision

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• A court consisting five judges was started in
each division.
• A customs officer of each division, was to be
president of respective court.

• The court was authorized to decide all cases and

required to keep a register and had to submit
their reports to the deputy governor.

• Causes beyond the jurisdiction and limits of the

local courts placed under deputy governor and
council.
• The deputy governor and council were constitute a
superior court.
• By means of standard, the system of 1670 was very
elementary and suffered from several drawbacks.

• No division between executive and the judiciary.

• Administration of justice was committed to traders

who had no knowledge of law and who received
no salary for judicial work done by them.

• The old system abolished in 1672, and the new

courts came into existence.
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 Court of Judicature
Civil Jurisdiction
Wilcox
Jury ( 12 British )
( once in a week)
Criminal Jurisdiction
Wilcox
4 Justice of peace
Bombay, Mahim, Mazagaon and Sion
( once in Month)

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 Mahim
3 Sion 4

Mazagaon
2

Bombay
1

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 Criminal Court
Wilcox
4 Justice of peace 1

Bombay Mazagaon Mahim Sion

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Court of conscience
Wilcox
Civil
One in a week

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Courts from 1672
Deputy Governor Court
Governor with Council
Court of Judicature
Wilcox with a Jury
Court of conscience
Wilcox

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 Judicial system of 1672
Court of Judicature:
Civil Jurisdiction ( once in a week)
Mr. Wilcox appointed as judge and all civil and
criminal matters placed under him.
All the civil cases were to be tried with held of
Jury.
Jury would usually consist of 12 Englishmen
A nominal court fee was imposed on civil cases.
Criminal Jurisdiction ( once in a Month )
Bombay divided into four section Bombay Mahim,
Mazagaon and Sion.
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For each section a person name Justice of peace
was appointed worked as a Community Magistrate
The justice of peace held a preliminary examination
of witness against an accused.
Appeals from the court lay to the Deputy governor
and council of Bombay
Court of Conscience
For deciding the cases in summary manner this
court was established.
The jurisdiction made available to this court was to
decide petty cases up to the values of Rs. 25

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Central Court
Deputy Governor and Council was empowered to
decide major cases in additional to hearing
appeals from the lower courts.

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 Court of Admiralty
With the charter of 1683, a court of admiralty
established in 1684.

The company sent from England Dr. John, a person

learned in the civil law to preside in the court as
the Judge Advocate.

Keigwin’s rebellion had put an end to the operative

judicial system and no other court except the
Admiralty Court in between 1684-85.

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• Disputes between governor and Dr. John, led to
establishment of new court on the same lines as
the court of 1672.
• Court of judicature established again and a
Bombay council member acted as judge.
• Dr. John was acting as an independent officer.
• Governor could not tolerate the independency of
Judiciary;
• they regarded the judiciary as subservient to
the executive.
• In 1690, Bombay was attacked by Mughal Admiral
Siddi put and to the judicial system.

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 1718-1726
Central court
Civil and criminal
Chief justice
9 judges
5 British
4 natives
Hindus, Mohammedans, Portuguese and Parsis

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By 1718, a new court of Judicature was established in
Bombay
This court was consisted with nine judges including
chief Justice.
All the civil and criminal cases placed under this
court.
The Indian judges did not enjoy the equal status with
British judges.
Indian judges
The Indian judges are not mentioned, not by the
name individually, but collectively as “ Black justice”
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 Calcutta
• By 1690 the company secured the zamindari of three
villages of Kalikata, Sutanati and Govindapur.
• They established factory by 1691 and fortified in 1698.
• In 1699, the status of the Calcutta was raised to that of
a Presidency.
• Governor and council were entrusted with all the
necessary administrative and judicial powers.
• The collector who was the company’s officer, appointed
for the collection of tax in the presidency.
• Collector was the responsible person for both civil and
criminal cases in the three villages. He acted like, mughals
Faujdar.

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• The company started that the three presidency
towns of Calcutta, Madras and Bombay
• Increasing population, trading activities,
administrative responsibilities and legal issues
between servants and company.
• Courts under direct Royal authority
• Mayor
• 9 Aldermen
• ( 7 natural born subjects of crown+ 2 subjects
of any prince or state in amity)
• Sheriff

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Judicial system
• The Mayor and the Aldermen were to constitute
the Mayor’s Court
• The quorum of the court was to be three
• The court was to have authority to hear and try
all civil suits arising with the town and its
subordinate factories
• The First appeal from the court lay within
fourteen day to the Governor and Council.
• Further appeal could be lodged within fourteen
days with the King-in-Council

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• Sheriff:
• A sheriff have jurisdiction within the presidency
town and for ten miles around, was to be chosen
annually by the Governor and Council
• Criminal jurisdiction
• Governor and five council members
• three justice of peace collectively were to form
a court record.

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• Legislative powers
• The charter empowered the Governor and
Council of each presidency town make bye-laws,
rules and ordinance for the good government
and regulation of corporation and the
inhabitants of the settlement.

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