Charter 1600 and 1661

Charter 1600 and 1661

• 1.
  Charter 1600 and1661 INDIAN LEGAL HISTORY
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  CHARTER OF 1600 •The East India Company, with its official title as “ The Governor And Company Of Merchants Of London Trading Into East Indies” was incorporated in England on the 31st december 1600, by a charter of Queen Elizabeth which settled its constitution, powers and privileges.
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  PROVISIONS • The companywas to have a life span of 15 years • Charter could be revoked also on two years’ notice • Exclusive trading rights to company • India, asia, africa and america fall within their geographical limits. • Without a licence from company no british subject could carry on the trade
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  PROVISIONS CONTD…. • Unauthorizedtraders were liable to forfeiture of ships and merchandise. • The affairs of the company were to be conducted on democratic lines. • Governor + 24 directors + share holders.
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  SHORTCOMINGS • The legislativepowers thus conferred on the company was very limited. • Serious crimes could not be adequately dealt with. • No power to the company for governing any territory.
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  CHARTER OF 1661 •Company prayed for grant of more powers. • 3 April, 1661, Charles II granted a new charter. • Authorized the company to judge all the persons, whether belonging to the company or living under them. • Authorized all punishments including death sentence.
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  FEATURES • Charter hadthe following two features :- • The judicial power was granted to the Governor and Council of a factory, which meant the executive government of the place. Thus drew no line of demarcation between the executive and the judiciary. • Justice was required to be administered according to the English law.