Indian Legal History- Charter of 1600 and Establishment of East Indian Company

Introduction

British ruled India for about 200 Years. Once a prosperous India was reduced to third world country when Britishers left. What if we tell you that this all started with spices ?

Britishers reached India via ships and started trading in spices. To regulate this business, British Crown established a company called "The Governor and Company of Merchants of London trading into the East Indies" aka(East India Company).
This company was granted exclusive trading rights in Africa, Asia (Including India) and America.
The company which was established for commercial purpose slowly gained territories and established itself as political force within century.

In this article, we will discuss the first charter which was issued by British Crown to establishment and regulate company.

Organization of Company

Member of company constituted General Court.

General court would elect annually the Court of Directors.

The Court of Directors would consist of Governor General and 24 directors.

Tenure of this Court of Director was one year.

Power and Functions

Company was conferred with minor legislative power. This included power to make by-laws, regulation to conduct it's business and it's servant. 

To maintain discipline among servants, company could provide for punishment which was forfeiture, imprisonment etc. These punishments has to be reasonable and not be contrary with English laws.

These powers were only of regulating in nature and there was no object to gain territory of India. Though some historians debate it.

Stringent punishment like Capital Punishment was kept out Company's perview

Royal Grants of 1615

As stated earlier, powers conferred to Company for making laws related to by-laws and for discipline of Company's servant found inadequate. 

In 1615, King James-I conferred power on Captain of Ship to impose capital punishment for serious crimes like wilful murder, mutiny.

However, such serious punishment had to be awarded after jury trial. Jury would consist of Commander in Chief and 12 Jurymen.

Royal Grants of 1623

 Trading establishments founded by Company in various places. To deal with serious crimes in such establishment of Company, power conferred on Chief officers of such settlement to award stringent punishment for serious crimes.


Aftermath

Slowly slowly company started demanding more and more power to deal with law and order. 

Charter of 1661 issue to further empower Company so that civil, criminal and admiralty matter can be decided by the company.

This charter not only conferred power to try British citizen but anyone residing in establishment including natives.

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