CHARTER OF 1726

Company was finding it difficult to cope with the

problems which arose due to its extended and enlarged
establishments. Therefore, it requested the king to issue a
charter by which special power could be granted to the
company.
 Reasons for such request :-

1. For speedy and effective administration of justice in civil

cases and for trying and punishing and capital and other
criminal offences.
2. Company lacked jurisdiction to grant probate and letters of
administration.
3. Many a times, servants of company went to court in England
when their property were seized by the company against their
debt. Company wanted to avoid such kind of litigation in
England.
4. Also, absence of proper authority to deal with indiscipline
and serious crimes committed by military persons. A court
was needed in India to punish all such acts effectively .
 King George I issued a charted on 24th sep 1726 which provided
for following judicial machinery.

1. Mayor’s Court :-

Mayor court established superseding all the existing courts

established in Bombay, Madras and Calcutta.

Consisted of – Mayor and 9 Alderman

( 7 OF WHOM INCLUDING THE MAYOR, WERE REQUIRED
TO BE NATURAL BORN BRITISH SUBJECTS )
-
• Aldermen elected from leading inhabitants of
the settlement to hold office for life.

• Mayor elected from among the Alderman.

• They could be removed from the office by

Governer + council , on the grounds of
misbehaviour.

It was a court of record and was empowered to

try, hear and determine all civil cases between
parties arising within the presidency town or
factories subordinate to them and to grant
probate of ills and letters of administration.
• The charter did not specify the law applied by this court.
It simply said that the court would try and hear cases to
determine all matters according to justice &
righteousness.

• Appeals from the decision Mayor’s court were filed

in the court of Governor and council. A second
appeal could be made to King in Council in England.

• Court consisting of Governor and council was created in

each presidency to hear civil appeals against the
decision Mayor’s court .
A petty jury of 12 person for actual trial and a grand
jury of 24 person for preliminary finding of an offence
assisted the Court - criminal cases.

Legislative power
Charter of 1726 authorized the Governor and council.
Law had to be
•Agreeable to reason
•Must not be “contrary to the law and statutes of England
• Confirmed and approved by the Company’s Board of
Directors in England .
Features
•Charter established the Crown Courts in India
.Courts existed had their origin in the company. The
courts established were royal courts having full
recognition in British legal system.

•The Charter created a uniform system in all 3

presidencies of Bombay ,Madras and Calcutta . the
different system existing till then were replaced by the
new .
• The judicial system was much more regular, clear
and definite than earlier system.

• For first time ,the jurisdiction of king in council

extended to India.

• The then existing laws of England were also

introduced in presidency.
 Working of the Charter of 1726

• Courts were established in all presidencies

by 1728.

• Independence of Mayor’s Court -assured .

• Strict adherence to English Law .

But problems arose

•Hostility between Mayor , the Governor and Council.

Not clear whether the matter belonging to native were
within the jurisdiction of court or not .

•In Madras a dispute arose on taking of oath before the

court . Hindus liked to take an oath on the cow or gita ,but
the Mayor’s Court insisted upon taking of pagoda (the
temple oath) . the hindus complained to Governor. This
increased bitterness between them.
•Mayor’s Court annoyed the natives by applying the
principle of English law to them without regard of their
personal laws and customs. Governor sided with the
natives when such issues arose.

•The governers council heard appeals from the decision

of the Mayor’s Court .Wherever their own wishes were
not represented in the decision ,they reversed the
decision .

Some of these defects were addressed in later charters.

References:

•M.P. Jain, Outlines of Indian Legal History, Wadhwa & Co,

Nagpur,2003(6th Edn)
• V.D. Kulshrehtha and V.M. Gandhi, Landmarks of Indian Legal and
Constitutional History,Eastern Book Company, Kurukshetra,2005
• M.P. Singh, Outlines of Indian Legal History, Universal Law Publishing
Co., 2010