indian legal history

1. INDIAN LEGAL HISTORY 1

2. INDIAN LEGAL HISTORY
2
PRESENTED BY-
sAYALI yADAV
sONALI kADAM

3. CHARTER OF
1726
INDIAN LEGAL HISTORY 3

4. Introduction….
a) The judicial administration in the settlements of the East India
Company before 1726 was not of high order The judicial
administration was executive ridden.
b)There was no separation between executive &judiciary.
c) There was great need of introducing reforms in existing judicial
administration.
d) The trade &commerce of company in India & increased much.
e) The population of presidency town was increased.consequently, the
problem of maintainance of law & order became serious.
INDIAN LEGAL HISTORY 4

5. cont….
f)All these necessities the judicial reforms in the then existing judicial
administration for this purpose a new charter called Charter of
1726 was issued by British Crown.
g)These charter established a corporation & mayors court in each
presidency town & empowered the Governor & Council of each
presidency town to make rules & by-laws.
INDIAN LEGAL HISTORY 5

6. Establishment
of corporation
Charter of 1726
Establishme
nt of
mayors
court
Justice of
peace &
admi. Of
justice in
criminal
matters
INDIAN LEGAL HISTORY 6
legislature

7. Establishment of mayors court……..
I. The charter of 1726 made a provision for establishment of mayors
court in each presidency town.
II. The mayors & alderman of the corporation were to constitute the
mayors court established at that town.
III. The mayor or senior aldermen with 2 other aldermen were to
constitute Quorum of the court .
IV. Thus ,charter of 1726 conferred on the mayor court jurisdiction
with regard to civil matters arising with the presidency town & its
sub-ordinate factories.
INDIAN LEGAL HISTORY 7

8. Conti……
v. The appeals from the mayors court were to be heard by Governor
&council &the council were allowed to be king in court .
vi. The mayor court was also given the Testamentary jurisdiction.
vii. It was empowered to issue letter o admi. To the legal hair of the
decesed person.
viii. The court was given power to punish persons found guilty of its
contempt.
INDIAN LEGAL HISTORY 8

9. Justice of peace& admi. In criminal
matters
I. Under the charter of 1726 ,the Governor & council were to be the
justice of peace & they were also to exercise the criminal
jurisdiction.
II. They had power to arrest & punish person for petty criminal
offences .The justice of peace is India were also to act as court of
Oyer Terminer & Goal delivery had & were empowered to hold
quater section .
III. Four times a year for the trial of all offences excepting high
tresion committed within the presidency town &sub-ordinate
factories.
INDIAN LEGAL HISTORY 9

10. Conti....
Iv. Three justice of peace were to exercise the power of the aforesaid
court of Oyer Terminier & Goal delivery.
v. Trials at quarter session were to be held with the help of jury . As far
as possible the procedure adopted by these court were to be similar
to the procedures adopted by the court in England.
vi. Thus, the English ideas & procedure of criminal justice were
introduced in the presidency town.
INDIAN LEGAL HISTORY 10

11. Legislature…..
I. The Governor & Council of each presidency towns were
empowered to take or make laws &by-laws , rules & ordiance for
the regulation of corporations & inhabitants of settlement concern
& they could prescribe punishment.
II. For the breach , such by-laws , rules or ordiance. However the by-laws
, rules or ordiance so made & punishment to prescribe were
to agreegable to reason & not contracy to the laws & status of
England & they were not to be effective unless approved &
confirmed by court of Director of company in England.
INDIAN LEGAL HISTORY
11

12. Merits….
I. The charter of 1726 for the first time ,made provision for the
introduction of a uniform ,judicial system in all three presidency
town s, Bombay , Culcutta, Madras.
II. Mayor court were follow well defined procedure based on English
law & procedure.
III. The charter of 1726 introduced the system of appeals from India
to privy council in England.
IV. The charter of 1726 opened the door for the introduction of the
English law in India.
INDIAN LEGAL HISTORY 12

13. Demerits…..
I. Executive was given wide judicial powers , mayors court was
not empowered to try criminal cases.
II. Judges of mayors court were laymen & not the persons
INDIAN LEGAL HISTORY 13
learned in law.
III. These was no specific mention in the charter about
jurisdiction of mayors court where both the parties were
natives.
IV. Representation of Indians in mayors court were negligible .
Mayors court was too much English ridden.

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