THE CHARTER OF 1726:
The Company emphasised the need for a proper and competent authority to
implement an effective system of administration of civil and criminal justice to
the British King George I through a petition.
1. As judges were laymen, they did not have adequate knowledge of English
Law. So decided cases according to their own common sense notion of
justice.
2. The Judicial Administration and working of Courts in the 3 Presidency
Towns was unsatisfactory.
3. With the growth in company's trade, the population of British settlements
had increased considerably. Therefore, more cases were coming to the
Courts for adjudication.
4. Encouraged by the successful working of Corporation at Madras the
Company wanted similar Corporations at Bombay and Calcutta.
5. Many Englishmen who settled in India died leaving behind considerable
movable and immovable property. This created problem for the
Company to dispose and distribute their assets. No doubt, the Mayor's
Court of Madras (established in 1687) was empowered to decide
testamentary cases but its decisions not recognised by the Court of
England as it was a Court of the Company and not of British Crown. So
there was a need of a Court in each Presidency which derivestheir
authority from the British Crown. Finally the Judicial Charter was
granted by the British King George I on September 24h, 1726.
PROVISIONS:
The Charter provided for the establishment of Corporation at Bombay and
Calcutta like the one in Madras. The Corporation consisted of 1 Mayor and 9
Aldermen. The Mayor and 7 Aldermen were to be natural born British subjects
while 2 Aldermen could be of subjects of Indian Princely States friendly with
Britain. The first Mayor and Aldermen were to be appointed by the Charter
itself and thereafter Mayor to be elected annually by the Aldermen. Aldermen
were to hold office for life or till their residence in the Presidency town but they
could be removed by the Governor in Council on a reasonable cause. An appeal
against this could be made to the King in Council in England.
MAYOR'S CoURT IN PRESIDENCY TowNS:
The Mayor and Aldermen formed a Court of Record called MAYOR'S
COURT. It was empowered to decide all civil cases. The Mayor together
with two other English Aldermen formed the quorum. The Court also exercised
testamentary jurisdiction. It could grant probates of wills and letters of
Administration in case of intestacy. An appeal from this Court lay to the
Governor and Council. A further appeal lay to the King in Council if the case
involves the subject matter above 1000 pagodas.
The Court could commit persons for its contempt. The process of the Court was
to be executed by the Sherifs, who were initially nominated but subsequently
chosen annually by the Governor and Council. The Chater did not prescribe
what law to follow but as the earlier Charter of 1661 provided that justice to be
in accordance with English Law, it was presumed that the same law was to be
followed.
CRIMES AND PUNISHMENTS:
Mayor's Court had no criminal jurisdiction. The Governor and 5 Senior
Members of the Council were appointed as Justice of Peace in each Presidency
for the administration of criminal justice. They also constituted a Court of
OYER, TERMINER AND GAOL delivery and were required to hold quarter
sessions, for the trial of all offences except high treason.
JURY TRIAL IN CRIMINAL CASES:
The Charter provided that criminal cases in Presidencies be decided with the
help of Grand Jury and Petty Jury. The Grand Jury consisting of23 persons and
they were entrusted with the task of presenting persons suspected of having
committed a crime. So they are called as "Jury of Presentment". After an
offender was apprehended and brought before a justice of peace for preliminary
enquiry, the latter examined both the parties and recorded evidence and sent it to
the Court of Govemor in Council for trial (quarter session). Before the
commencement of trial, all the evidences of prosecution, accusation or
indictment was placed before Grand Jury. In case the Grand Jury returned a
verdict of "no prima facie case" the accused was acquitted without trial.
However if majority of the Jury was satisfied with a propriety of the case, then
the prisoner was tried by Petty Jury.
If Petty Jury after hearing both sides returned a verdict of "guilty', the accused
was sentenced by the Court of Quarter Sessions (Governor and Council).
As per the Charter, Company sent to each Presidency list of Statutes, Law books
and instructions. This was intended to maintain uniformity in the functioning of
Law Courts in all the Presidencies and follow English Law.
LEGISLATIVE POWERS UNDER THE CHARTER:
Until 1726 the law making powers were exercised by the Court of Directors of
the Company in England. As they hardly had any knowledge about the local
conditions in India, the Laws framed by them were ineffective. Therefore
Charter of 1726 empowered the Govemor and Council of each Presidency to
make byelaws, rules and ordinances for the regulation of the Corporations and
inhabitants of the Presidencies and they would also prescribe punishment for the
breach of such Laws and Rules. But these rules and ordinances and
punishments could not be effective unless approved by the Company's Court of
Directors in England.
religions and if any differences among them arises, it was to be settled as
per their own customns.
DISTINCTION BETWEEN THE COMPANY"S CHARTER OF 1687 AND
THE CROWN'S CHARTER OF 1726:
THE COMPANY'S CHARTER OF THE CRoWN'S CHARTER OF
1687 1726
The Mayor's Court established in |Established in Madras, Bombay and
Madras only. Calcutta.
This Court was Company's Court. This Court was King's Court i.e. Royal
Court.
This Court decided all civil and This Court decided only civil cases.
criminal cases. Appeals were to be Govermor in Council were the
allowed in the Admiralty Court. appellate authority.
No specific rules of laws and English Law was followed.
procedures.
A Law learned person was appointed There was no such officer in this
in the Court. So it was called Court.
Recorder's Court
Some Indians sat as Judges together Out of 9 Aldermen, 7 were British
with English Aldermen in the Court. subjects and 2 were required to be
subjects of Indian princely states
friendly with Britain.
The administration of justice was The Charter mixed executive and
entrusted only to the Mayor's Court judiciary. It granted original criminal
and the Admiralty Court in Madras. jurisdiction and appellate civil
Executive had no power in this respect. jurisdiction to the Governor and
Council who were already entrusted
with executive powers of Presidencies.
