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Founding of Madras (1639) In Coromandel Coast from a local 1639 , Francis Day , an agent of the Hindu Raja East India Company. , acquired a piece of land on the The purpose was to establish a trading post and factory for the Company.A fortified factory was constructed, where the English and other European settlers lived. This area came to be known asThe surrounding village area,^ White Town Madraspatnam. , inhabited mostly by Indian natives, came to be known asThe entire settlement, comprising both White Town and Black Town, came to be referred to as^ Black Town. FIRST STAGE (1639 – 1665)^ Madras. Status and Administration Madras was not yet a Presidency town and was subordinate to the Surat factory , which was
then the main center of East India Company operations.The administrative head of Madras was known as the Agent , who functioned with the assistance of aThe Agent and Council were merchants by profession, lacking legal education or training.^ Council. The separation of performed both administrative and judicial functions. executive and judicial powers was non-existent; the same individuals Judicial Functioning in White Town The Agent and Council exercised judicial powers , but their authority was vague and indefinite. They handled civil and criminal cases among Englishmen and other Europeans. Serious criminal cases were referred to Company authorities in England , causing long delays. There were no structured laws or procedures; cases were decided based on discretion. commonsense and There were attempts at trials by inconsistent. jury , especially for capital offences, but the system was Judicial Functioning in Black Town The local population (natives) were governed by traditional systems. A local village officer called administration. Adigar (or Adhikari) was responsible for law and order and judicial Justice was delivered at the petty civil and criminal cases Choultry Court. , a traditional village court dealing primarily with
The East India Company had no power to death sentences could only be authorized by the award capital punishment local sovereign. under the Charter of 1600; Appeals from Choultry Court were taken to the Agent and Council. An Indian named corruption and abuse of power Kannappa was initially appointed as Adigar but was later dismissed due to. Following his removal, English officials were appointed to
SECOND STAGE (1665 – 1683)^ preside over the Choultry Court. Charter of 1661 Issued by King Charles II , it allowed the Governor and Council to administer justice according to
^ English law However, these provisions were not enforced immediately.. Dawes Case (1665) A significant turning point occurred with the trial of Mrs. Ascentia Dawes , an Englishwoman
accused ofThe Agent in Council referred the matter to England for advice, prompting the authorities to^ murdering her slave girl. authorize the trial locally with aMrs. Dawes was acquitted , and the case highlighted the need for a more structured legal system.^ jury. Reforms in 1678 A formal step was taken to improve judicial administration: o The Governor and Council began to sit as a High Court of Judicature twice a week. o The court heard both Court. civil and criminal cases , as well as appeals from the Choultry o o AThe court followed jury of twelve men English law was introduced for decision-making. and customs in its proceedings. Court System in White Town The High Court of Judicature was the apex court for both towns. It addressed major legal matters and served as an appellate body.It met twice a week , and was run by the Governor and Council (still merchants with limited legal
Court System in Black Town^ expertise). The (^) o Choultry Court The number of judges was increased from 2 to 3, all of whom were Englishmen. was restructured:
o Its jurisdiction was transferred back to the Governor and Council. Conclusion The evolution of the legal system in ad hoc, merchant-led justice to a more Madras before 1726 formalized court structure reflects the gradual development from influenced by English legal ^ principles Over the span of nearly a century, Madras witnessed:. o The Courts and Admiralty Courts transition from traditional village justice (Choultry Court). to English-style High o An increase in Company-appointed English judges English control over judicial matters. , replacing native officers with o A growing awareness of the need for colonial governance. legal professionals and formal procedures in Mayor’s Court and Madras Corporation – Summary Notes Background and Context In wall (^1686). , the Madras government imposed a house tax to fund the repair of the Madras city Local population refused to pay the tax revenue. , creating difficulties for the Company in collecting As a result, the Company realized the need for a more both Englishmen and local Indians to ease tax collection and governance. inclusive administrative body involving
Establishment of Madras Corporation (1687) TheThis was the Madras Corporation first municipal corporation in India was officially established on, modeled after British civic systems. September 29, 1687. The Corporation was formed by the East India Company to collection in Madras. improve administration and tax Composition of the Corporation The corporation consisted of: o o 1 Mayor12 Aldermen
Selection and Tenure^ o^ 60 to 120 Burgesses
A Aldermen. new Mayor was to be elected annually by the Aldermen and Burgesses from among the The retiring Mayor could be re-elected. Only an Aldermen held office for life Englishman could become Mayor , or as long as they remained in Madras.. Mayor and Burgesses had the power to remove an AldermanBurgesses were appointed : for misconduct or incompetence. o Initially, 29 were nominated by the Charter. o o The remaining Burgesses were appointed by theAmong the first 60 Burgesses, caste heads were included Mayor and Aldermen , ensuring local representation..
Powers and Judicial Role Mayor's Court The Mayor and the three senior Aldermen served as Justices of the Peace. They together formed theThe Mayor’s Court had authority to try both civil and criminal cases Mayor’s Court , which was a court of record .. It functioned as an essential part of the judicial framework of Madras under the Corporation. Significance The formation of the Corporation and the Mayor’s Court marked a shift toward structured
^ municipal governance It was one of the earliest attempts by the British to. combine European and Indian ^ administrative elements Helped in better tax collection. , law enforcement , and local participation in governance. Laid the foundation for modern civic administration in colonial India.
Attempt to make the corporation autonomous , reducing executive control. Judicial Structure Civil Jurisdiction: Mayor’s Court Constituted by the Mayor and Aldermen. Quorum Jurisdiction over:: At least 3 members – Mayor or senior Alderman + two Aldermen. o All civil suits in the town and subordinate factories. o o Testamentary mattersContempt of court (as a court of record). (e.g., wills and probates). Appeals o First appeal : to the Governor and Council (within 14 days). Procedures included^ o^ Further appeal :^ to the^ King-in-Council , if value ≥^ 1000 pagodas^ (Madras currency). o o Issuance of warrants.Bail provisions. o o Detention of defendant.Property seizure and sale to enforce judgments.
Criminal Jurisdiction Vested in thePowers: Governor and five senior Council members , called Justices of Peace. o o Arrest, try, and punish offenders (exceptHeld Quarter Sessions (4 times a year). high treason ). Trials conducted with: o o Grand JuryPetty Jury (to decide guilt/innocence). (to decide charges). English criminal procedureSheriff appointed annually by the Governor and Council, acted as fully adopted. police authority.
Important Observations Partial separation between Executive and Judiciary: o Criminal and appellate jurisdictions still with the Governor and Council. Mayor’s Court decisions were respected Company-run courts). in England due to Crown authority (unlike earlier Judges were non-professionalsJustice administered by laymen (Company servants, merchants)., not legally trained professionals. Aldermen were mostly Company employees or British traders. Significance The Charter of 1726 marked the beginning of formal legal institutions in British India. It laid the administration. foundation for legal centralization , appeals , and integration of English law into Indian A step towards structured legal governance in colonial India.
Jury used in decisions.
- Court of Conscience^ ^ 5%^ court fee :^ in civil matters. Also presided by Wilcox.Quick disposal of petty civil cases (up to 20 xeraphins).
- Court of Appeals The Deputy-Governor and Council : acted as appellate body. ⚠️ Issues No separation of powers. NoJudges were also executives; hence trained legal professionals (despite repeated requests for legally educated persons). judicial independence was lacking.
⚖️ Second Stage (1684–1690) ⚓ Charter of 1683 Granted byAllowed Company to establish Charles II to the East India Company. Admiralty Courts to handle: o o Maritime disputes Apply laws of equity , trespasses , good conscience , and wrongs on high seas or local waters., and merchant customs. o Staffed by a civil law judge and two Company appointees. ⚖️ Admiralty Court at Bombay 1684 : Established along Madras model. Dr. St. John Additional Court of Judicature appointed Chief Justice re-established to handle civil matters beyond maritime. jurisdiction. 🧑 Collapse (^1690) Judicial machinery collapsed.: Siddi Yakub , Admiral of the Mughal Emperor, invaded Bombay. 1690–1718 functioning.: Marked as the “dark period” in Bombay’s legal history; almost no judicial
🧑🧑 ⚖️ Third Stage (1718–1726) 🧑 Revival of Courts Governor Charles Boone revived the Court of Judicature in 1718. Approved by the Company. ⚖️ Composition 10 Judges o 6 English : (including Chief Justice ). o 4 Indian Hindus judges representing major communities: MuslimsPortuguese Christians Indian judges known as^ ^ Parsis “Black Justices” —primarily played an advisory/assisting role. English judgesQuorum : At least 3 English judges required. held higher authority; also members of Governor's Council. Court met once a week. 🛡️ Jurisdiction & Powers Heard all civil and criminal matters using: o o Law, equity, good conscience Company’s rules and ordinances.. o Considered Indian customs and traditions. Also served as: o A probate and administrative court. o A Registration House for transactions involving houses, land, and property. 🧑 Appeals Appeals allowed to Governor and Council. Applicable in cases where dispute amount ≥ Rs. 100.
Mayor selected from made by the Governor and Council two names recommended by the Corporation,. final choice o Effect Corporation : Mayor became a. puppet of the executive , and government controlled the Judges of the o Appointed and removable by the Mayor’s Court : Governor and Council. o Loss of judicial independence. ⚖️ Jurisdiction and Power of the Mayor’s Court Severely curtailed o Could hear: cases involving Indian natives only when both parties consented. o o Could tryProhibited cases against the Mayor, Aldermen, and Company conflict of interest : judges could not preside over cases where they had any. o^ personal interest In criminal cases, jurisdiction was. subordinate to Governor and Council (Quarter Sessions). o In civil appeals, the Privy Council in England was the highest authority. 💰 Suit Administration and Financial Aspects Suitors' moneyControl of financial transactions was deposited with the government in judicial processes was with the, not with the Mayor’s Court. executive , not the judiciary.
🏛️ Introduction of the Court of Requests Created to provide cheap and summary justice for claims up to 5 pagodas. Benefitted Composition poor Indian litigants : who couldn’t afford formal legal proceedings. o Commissioners (8 to 24 in number), appointed by the government. o Half of the commissioners remaining commissioners (^). retired periodically ; replacements chosen by ballot from o Sat weekly on rotational basis.
If the to the defendant plaintiff chose Mayor’s Court —this discouraged misuse of formal court. over Court of Requests for small claims, costs were awarded
🧑🧑 ⚖️ Types of Courts under the Charter of 1753
- Court of Requests – Small civil claims; accessible to the poor.
- Mayor’s CourtGovernor and Council – General civil jurisdiction; restricted in native cases.: o o Quarter Sessions Exercised executive and judicial authority for criminal appeals..
🧑 Impact and Nature of the Charter Marked a clear shift toward executive domination. Mayor’s Court lost its autonomyEast India Company maintained policy , unlike in the 1726 Charter. of not interfering with native laws/customs : o Cases involving both Indian parties only admitted with consent. Judges were Company officials The executive manipulated court decisions to, often untrained avoid harm to the Company’s interests in law..
📉 Criticism and Consequences 1772 : House of Commons appointed a Committee of Secrecy to investigate Company affairs. o o 7th Report Found that Mayor’s Court criticized the judicial administration in Calcutta ignored English legal procedures ., acted arbitrarily. Resulted in the establishment of the Supreme Court at Calcutta in 1774. 🧑 Positive Aspects of the Charter of 1753
- Clarity on Mayor’s Court jurisdiction:
- Checks on Judicial Conduct^ o^ Could^ not hear cases between natives :^ without mutual consent. o Could try cases against judges (e.g., Mayor and Aldermen).
🏛️ the The East India Company Regulating Act of 1773 and its was the territorial rule in India first attempt by the British Parliament. to control and regulate
⚖️ Provisions of the Regulating Act, 1773
1. 🗳️ Election of Directors The term of the One-fourth of the directors would retire every year and be Court of Directors was extended from 1 year to 4 years re-elected.. Voting rights of shareholders were restricted to prevent manipulation. 2. 🧑 Control Over Correspondence Directors were required to Treasury. submit all revenue correspondence from India to the British Matters related to civil and military affairs had to be submitted to the Secretary of State. 3. 🧑 Appointment of Governor-General & Council Created the post of Governor-General of Bengal and a Council of Four members. Warren Hastings The Governor-General and Council became the first Governor-General of India were to manage civil and military affairs. in Bengal, Bihar, and Orissa. 4. ⚖️ Powers of Governor-General Governor-General hadCould not override the decisions of the majority in Council. one vote , and a casting vote in case of a tie. Warren Hastings often faced opposition due to this provision.In 1786 , this was changed—Governor-General was empowered to override the Council. 5. 🧑 Bombay & Madras Presidencies under Calcutta Bombay and Madras presidencies were placed and peace. under the authority of Calcutta in matters of war Subordinate presidencies couldIn practice, they often took decisions act independently only in emergencies without consulting the Governor-General.. 6. ⚖️ Establishment of the Supreme Court AHad Supreme Court civil, criminal, admiralty, and ecclesiastical jurisdiction was established at Calcutta in 1774. over British subjects.
This court replaced the Mayor’s Court established earlier. Sir Elijah Impey became the first Chief Justice.
7. 🏛️ Legislative Power Governor-General and Council were granted regulations for the Company's settlements. limited legislative power to make laws, rules, and 8. 🧑 Ban on Private Trade Company servants were from Indians. prohibited from engaging in private trade or accepting **bribes and gifts
- ⚖️ Punishment for English Servants** Company servants were made answerable to British Parliament. Supreme Court could try British subjects for offences committed in India. 10. 🧑 ⚖️ Justice of Peace Supreme Court judges were also Justices of Peace , empowering them to try criminal cases. 🧑 Significance of the Regulating Act, 1773 First step towards parliamentary control over the East India Company. Laid foundation forIntroduced the concept of a centralized administration Governor-General in India.. Set up aAcknowledged the need for Supreme Court , marking the legal and administrative reforms beginning of British legal system in Indian governance. in India.
⚠️ Drawbacks / Criticism Ambiguity in jurisdiction Cossijurah and Raja Nand Kumar cases). of the Supreme Court led to conflicts (e.g., with the executive, in the Created Subordinate presidencies power struggles between Governor-General and his Council. often acted independently , weakening central control. Lacked proper checks and clarity, leading to the need for Settlement, 1781). further reforms (e.g., Act of
Revenue collection Supreme Court. and disputes arising out of it were excluded from the jurisdiction of the iv) Preservation of Personal Laws English law was declared inapplicable to Indians o Inheritance in matters of: o Succession o o ContractReligious customs
v) Law Based on Defendant's Religion^ ^ Hindu and Muslim laws^ were to be followed for Indians. If parties belonged to defendant. different religions , the case had to be decided based on the law of the vi) Limited Jurisdiction by Consent Supreme Court could only take up civil matters between Indians if both parties agreed in
vii) Protection of Lower Judiciary^ writing. Judges of the jurisdiction of the Supreme Court for decisions made in their judicial capacity. country courts and those acting under their authority were exempted from the viii) Recognition of Company’s Courts Civil and Criminal Courts established by the East India Company were formally recognized as
^ independent Marked a complete reversal^ from the Supreme Court. of the Regulating Act policy. ix) Sadar Diwani Adalat Recognized The Sadar Diwani Adalat was declared as the Court of Appeal for civil cases from provincial
courts.Recognized as a Court of Record. x) Framing of Regulations^ ^ Appeals could be made to the^ King-in-Council^ only for cases involving^ Rs. 5000 or more. The functioning of Governor-General and Council provincial councils and courts were authorized to. frame rules and regulations for
🧑 Importance of the Act of Settlement, 1781 Resolved jurisdictional conflicts executive/governing bodies. between the Supreme Court and the Company's Recognized andProtected revenue administration respected Indian personal laws from judicial overreach.. Helped inCreated a maintaining a balancedual judicial system – one for British subjects and one for Indians. between judiciary and executive. Provided clear legal boundaries to ensure governance continuity without legal interference. ⚖️ Conclusion The was a Act of Settlement 1781 corrective measure to the flaws of the Regulating Act and ensured was a significant step in the evolution of the colonial legal system in India. It better coexistence of English legal institutions respect for Indian customs and Indian traditions and dual administration of justice. It laid the groundwork for a. pluralistic legal framework , with
