European Settlement, Development of Authority, Factories and Settlements in India PDF

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Legal and Constitutional History, Year 3, Module 1...

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TOPIC 1-3 EUROPEAN SETTLEMENT IN INDIA BEIC: DEVELOPMENT OF AUTHORITY ORGANISATIONAL SETUP OF FACTORIES/SETTLEMENTS IN INDIA Legal history of India starts with the coming of the British East India company to India. (From 1600 AD to 1857 AD: BEIC rule in India) (Revolt of 1857, ended in 1858: Ended the BEIC rule in India) (From 1858 AD to 15th august 1947 AD: British rule in India ) 1580s: The English won over the Spanish armada. 22nd September 1599: Prominent merchants and traders formed an association for the purpose of trade with India. 31st December 1600: They submitted a petition to the Queen Elizabeth I. The queen issued a royal charter for the establishment of the BEIC (*CHARTERS - ROYAL PERMISSSION GIVEN BY THE CROWN (KING/ QUEEN) OF ENGLAND TO THE B.E.I.C.) SUMMARY OF LAWS: Charter: 1600 A.D. 1601 A.D. 1615 A.D. 1623 A.D. 1661 A.D. 1683 A.D. 1686 A.D. 1726 A.D. 1753 A.D. 1774 A.D. ACTS PASSED BY THE BRITISH LEGISLATURE FOR THE B.E.I.C: REGULATING ACT OF 1773 ACT OF SETTLEMENT 1781 PITT’S INDIA ACT OF 1861 CHARTER ACT OF 1793 CHARTER ACT OF 1813 CHARTER ACT OF 1833 CHARTER ACT OF 1853 REVOLT OF 1857 = END OF THE BRITISH EAST INDIA COMPANY GOVERNMENT OF INDIA ACT OF 1858 INDIAN COUNCILS ACT OF 1861 INDIAN COUNCILS ACT OF 1909 (MINTO MORLEY REFORMS ACT) INDIAN COUNCILS ACT OF 1919 (MONTAGUE CHELMSFORD REFORMS ACT) GOVERNMENT OF INDIA ACT OF 1935 BEIC: CHARTER OF 1600 ISSUED BY QUEEN ELIZABETH. 1) Initially called as “The Governor and Company of Merchants of London East India company trading into the East Indies” 2) Originally conceived purely for furthering the British commercial interests in the over-seas countries.

3) The Company was to have a life of fifteen years in the first instance. But the Charter could be revoked earlier by the Crown on two years’ notice if the trade carried on by the Company did not appear to be profitable to the realm. 4) During this period of fifteen years, the Company was to carry on trade into and from the countries lying beyond the Cape of Goodhope eastward to the streights of Magellan. These geographical limits incorporated many important countries like India, America and Africa etc. The right of the Company to carry on trade within this area was to be exclusive. No other British subject could carry on trade within this sphere. Unauthorised traders were to be liable to forfeiture of their goods, ships and tackle and to imprisonment or such other punishment as might appear to be ‘meet and convenient’. 5) All members to form a General Court which was to elect every year a Governor and twenty-four Committees or Directors. Tenure: One year. Could be re-elected. They could be removed before their tenure for negligence or misconduct. LEGISLATIVE POWERS: Minor legislative powers concerning only the working of the company. To make, ordain and constitute the bye-laws, rules and orders and the constitution of the Company. But these laws not to be repugnant or contrary to the laws and customs of England. To be fair, just and reasonable. (limited and restricted in its scope and character= because company merely envisaged as a trading concern and not as a political or territorial organization.) EXECUTIVE POWERS; Merely restricted to management of the company affairs, control of its servants or employees and conducting meetings of the company. JUDICIAL POWERS: So as to enforce discipline and make the employees abide by the bye-laws = company conferred with the authority to punish. Minor punishments = included fines, forfeiture, whipping, simple imprisonment. No serious or harsh punishments. CHARTER OF 1601 1) The Company found that is legislative power was inadequate in practice, to maintain discipline among its servants. It could not adequately punish gross offences committed by the servants, for it could only give imprisonment and not harsh sentences. This proved to be quite insufficient to prevent lawlessness, indiscipline, insubordination, disorderliness and mutiny among the servants while on the High Seas. 2) So Company= sought Queen’s Permission = King’s Permission To meet the situation the Company invoked the Crown's Prerogative and used to secure from it, a commission to the commander-in-chief of each voyage separately. It empowered him to inflict punishment for capital' offence and apply martial laws. Such a commission was issued in 1601. On 24th January, 1601 To Captain Lancaster for the 1st Voyage. 3) Under one such commission, a trial was held on 28.2.1616 on board a ship. Gregory Lelllington had killed an English-man Henry Baston, near Surat. Gregory was convicted on his confession and was condemned to death. James I, stopped the separate Commission, but conferred general powers, on the company itself to issue such commissions.

CHARTER OF 1609 SURAT PRESIDENCY 1) The trade and commerce of the Company had been found to be beneficial and profitable to the English nation and, therefore, to encourage and advance the Company, King James I issued this fresh Charter. The important feature of this Charter was the absence of any limit: on the continuance of the Company. All the other privileges, powers and rights which had been granted in 1600 to the Company by Queen Elizabeth were continued without any modifications. 2) Surat at this time was an important commercial centre and a populous town within the Mughal Dominions. It already enjoyed the status of an international port because it was from here that the pilgrims to the holy land of Mekka and Madina started on their voyage every year. The chief merit of Surat from the English point of view, however, was its port. It was not without much difficulty that the English could establish themselves at Surat. The portuguese were already settled there and they could not be expected to tolerate competitors establishing themselves. A contest between the two took place; the Portuguese naval power was routed, and in this way, in 1612, the English were successful in establishing their first factory on the Indian soil. To start with, the English entered into an agreement with the local Mughal Governor. But after some time they felt that to lend permanency to their establishment at Surat, they must contact the Mughal Emperor and secure facilities directly from him. With this purpose in view, James I despatched an ambassador, Sir Thomas Roe. 3) The important thing that Roe was successful in securing from the Mughal Emperor was the right of self-government for the English. They were to be allowed to trade freely. They were allowed to establish a factory at Surat; they were also to have the privilege of regulating their affairs and relations inter se according to their own laws, and to this extent, they were to be exempt from the local jurisdictions. 4) For some time to come the English Factory at Surat was the chief centre of the Company’s activities in India. It was the first presidency, being known as such due to the fact that its administration was conducted by a President or Governor and Council. The President and every member of the Council were appointed by the Company. According to the practice, all the affairs of the factory were regulated by a majority vote in the Council. The President did not have any veto power by which he could over-rule his colleagues in the Council. He merely had one vote. 5) could, without any injury to the State, be allowed to govern themselves according to their own laws, and so they were permitted to do so. However, no ruler could be expected to tolerate unruly conduct towards his subjects or allow injuries to be inflicted on them. It was, therefore, insisted that cases arising among the Englishmen and the Indians must be decided by the established tribunals of the land. The English at this time thus lived under a two sided law. For some cases the English Law, and for others the Indian Law, operated on them. 6) On February 4th, 1623, the English King James I empowered the East India Company to issue commissions to any of their Presidents and his Council to administer criminal justice and inflict suitable penalties on the offenders. The death sentence could also be inflicted under this commission but subject to two safeguards. Firstly, it could be inflicted only in case of mutiny or other felony. Secondly, it could be inflicted only after a trial with the help of a Jury of twelve or more Englishmen. The President and Council also decided cases of a civil nature and administered justice in this sphere according to justice and fair play. 7) The factory of Surat was not destined to enjoy for long the pre-eminent position of being the Company’s principal trading station in India. The Company found the island of Bombay to be more

convenient for its purposes. In May,1687, the seat of the President and Council was transferred from Surat to Bombay. Surat then began to lose all its importance and Bombay became the principal centre of the Company’s activities in the western part of India. 8) Administration and Judicial Arrangements  President & Council  Decisions by Majority of votes  No veto power to overrule colleagues  Dual system of Law : English & Indian No uniform or common lex loci to regulate inheritance, succession  Hindu or Muslim Personal laws CHARTER OF 1615 Issued by King James I on 14th December Conferred General Power on the Company---To issue such Commissions---To all its Captains---Subject to the Proviso In case of a Capital Offence= wilful murder= Mutiny Verdict by A Jury of 12 Company’s Servants. CHARTER OF 1623 Issued by King James’s I on 4th February By This Time Factories/ Trading Establishments Founded in India Need Felt for Control On Water and Land. Granted to the Company the Commission/ Power To any of its Presidents / Chief Officers To Inflict Suitable Punishments Including Capital Sentence Including Death For Murder, Mutiny and Other Felony Thus, Company = Armed with Adequate Powers = To Enforce Discipline Amongst Its Servants On the High Seas and on Land In India. CHARTER OF 1661 Issued by King Charles II on 3rd April 1661. Broad powers conferred on the Company. Agent and Council to be promoted as Governor and Council. Governor and Council of each factory authorized to judge all persons= whether belonging to the company or living under them = natives. To decide all cases including civil and criminal. According to the laws of England and to execute judgement accordingly. In a place having no Governor, the Chief Factor and Council were to send offenders for punishments, either to a place having the Governor and Council or to England. Thus: 1) No difference between Executive and Judicial. 2) Justice to be administered according to the English Law. 3) This provision protected the privileges of the English. 4) But disadvantage to the natives who were now brought under the English laws = they could not apply their own laws, customs and usages. DIFFERENCE BETWEEN CHARTER OF 1600 AND 1661

As compared to Charter of 1600, the Charter of 1661 = granted a much more extensive judicial power to the Governor and Council. Charter of 1600 = power restricted only in respect of company servants + in respect of punishments capital punishments could not be given + arrangements merely to discipline the company servants+ only for commercial transactions. Whereas, the Charter of 1661 = power extended not only to the company servants but also to the natives who lived on the settlement + take into cognizance all civil and criminal cases + authorized to give punishments including death sentence= only for commercial transactions + territorial possessions. Thus, this proved that the company WAS NO LONGER MERELY A TRADING CONCERN BUT A TERRITORIAL POWER. EARLY CENTRES OF POWER OF B.E.I.C IN INDIA. EARLY JUDICIAL ADMINISTRATION IN THE MADRAS PRESIDENCY – 1639 TO 1726 A.D. EARLY JUDICIAL ADMINISTRATION IN THE BOMBAY PRESIDENCY – 1668 TO 1726 A.D. EARLY JUDICIAL ADMINISTRATION IN THE CALCUTTA PRESIDENCY– 1690 TO 1726A.D...