Charter 1600 and 1661 of the East India Company

1. Charter 1600 and 1661
INDIAN LEGAL HISTORY

2. 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.

3. PROVISIONS
• The company was 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

4. PROVISIONS CONTD….
• Unauthorized traders 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.

5. SHORTCOMINGS
• The legislative powers 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.

6. 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.

7. FEATURES
• Charter had the 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.