LECTURE 2

TOPICS : Charter of 1600

Charter of 1661

PREVIOUS YEAR QUESTION

 Short Note on the provisions of Charter of 1600

BE PREPARED WITH SHORT NOTES ON TODAY’S

TOPICS...........

CHARTER OF 1600
S.No. PARAMETER CONTENT

1. Issuing Authority Queen Elizabeth I

2. Overall content It defined the constitution, powers and privileges of the
company as well as its rights and liabilities
3. Change of name from “the Governor and the Company of Merchants of
of British London trading into East Indies”,to be known as East India
Company Company, which was incorporated in England on December
31, 1600
4. Territorial exclusive privilege of trading with the East Indies from the
extension of Cape of Good Hope to the Strait of Magellan (Comprising
trade of India, Asia America, etc.)

To From

West East
 5. Monopoly of Other British subjects were prohibited from interfering with
Company territorial privilege of the Company
If anyone started trade without prior permission of
Company and Queen, then punishment was ensured.
6. Duration of Charter’s validity was 15 years, but there was a clause that
Company if the Company’s commercial activities were not found
profitable to British trade and commerce , then British
Crown was empowered to revoke it, even earlier on a two
years’ notice.
7. Management and The Company was managed by a Governor and 24 directors,
administration who formed “the Court of Directors” of the company.
8. General Court Elected the Court of Directors every year.
Had the authority to oust them.
In case of such vacancy, General Court filled it for the
remaining part of the year.
9. Legislative Limited
Powers make bye-laws, ordinances, etc. for good government, for its
servants and officers and for advancement of trade and
traffic.
10. Penal powers impose fine, penalties and punishment for disobedience of
its laws, but they were not supposed to be contrary to the
laws and customs of England.
11. Right to make Permited :General Laws
law
Prohibited :Murder, treason and dacoities

These initial limited legislative powers were of great

historical significance because these resulted in subsequent
developments of Anglo Indian Codes by the Company.

CHARTER OF 1609
  WHY ???.....To encourage the Comapny as it was making profits
 ISSUED BY ???..... James I
 RESULTED IN ???..... absence of any limit on continuance of Company
& continued privileges and powers
 ANY CLAUSE ???..... on 3 years’ notice, the privileges could be
withdrawn on proof of injury to the public.

FROM 1600 to 1661 i.e., 60 years of Company’s trade in India

BENEFITS PROBLEMS

1. Continuous growth in Trade 1. People who were not the workers of

Company, but trading in Indian territory
2. Advantages incurred in internal and
and residing in British colonies.
political matters of native rulers
2. Britishers were not liking it because of
3. Income generated was beneficial to
conflict of interest.
British Fund
3. Therefore, Company wanted some
4. Income generation also depended upon
legal instrument to control such activity
legal adjudication system.
and such people.

So, CHARLES II issued CHARTER OF 1661, i.e. the

JUDICIAL CHARTER

CHARTER OF 1661
It is an important landmark in the history of evolution of judiciary in India
because it introduced significant changes in judicial administration.

S.No. PARAMETER CONTENT

1. Issuing Authority King Charles II

2. Appointment in Company was to appoint Governors and other officers in
hands of their settlements in India.
Company
What Settlements....???... SURAT (1612) and MADRAS (1639)

3. Extent of Governors in Council of each factory can hear and decide

Jurisdiction all civil and criminal cases of the servants of the Company
as well as those living under its jurisdiction , i.e., all natives.
4. Penal Power  No restriction on nature of punishment.
 ENTITLED to give even CAPITAL PUNISHMENT
in suitable cases.
Judicial Power of Governor & Council was MORE EXTENSIVE

THAN that ever enjoyed by them previously.

5. No seperation Judicial powers were centralised in the Governor and

between Council , who was also the Head of the Company’s
executive and executive government.
judiciary
6. Safeguard for The execution of judgements of cases had to be done
Englishmen according to the laws of England.
7. What about Their interests were sidelined because the local traditions,
Indian natives customs and usages were completely disregarded.
8. Other provisions  Fight war OR make treaty, if necessary
 Monopoly was kept intact
 For security purpose, they were allowed to keep
armed forces. Weapons, fighter ships, etc.