Briefly describe the initial judicial system of Surat and Madras established by the East India Company.
Prior to 1726, the governance and justice system in Surat – The rules and justice system of Sundar Kothi was in a very primary manner. The burden of governance was vested in the President and his Council. All important subjects were decided by the majority of Kausil. By not granting any privileges to the President, he could not defy meetings like other members of the Council. British East India Company In India & Legal History
Law and justice system – From the point of view of law and justice, the elders living in Surat were governed under double laws. Their own mutual disputes were settled on the basis of English law, but disputes with their Indians were decided on the basis of principles of Mughal justice. British East India Company In India & Legal History
In addition to the conduct of the functions of the President and his Council, the English acted as a court for the adjudication of mutual civil and criminal disputes in accordance with the English law. British East India Company In India & Legal History
Often the members of the council were without the knowledge and inexperienced in law. Whose decisions were low level rather than rational and logical? In principle, the English method was called for, but in practice, the promises were disposed of in its own discretion by not making this consistent basis.
Indian judicial system– In Surat, the reciprocal of Indians and the disputes between British and Indians were settled by the Mughal judicial authorities under the local courts. The condition of these courts was extremely pathetic. British East India Company In India & Legal History
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These were involved in suppressing justice due to corruption, bribery and torture, cases which were not settled by the Mughal emperor themselves were generally unsatisfactory. According to Hamilton, the law is in the hands of Muslims. And justice is sold only to those who pay the maximum. British East India Company In India & Legal History
The judge takes 25 per cent of the total amount as his fee from the winning side. Justice is never fair either. In criminal cases, the punishment given according to Muslim law is barbaric and inhuman. It was natural for the British to despise such a system, and that is why they were often looking for an opportunity to take the law into their own hands.
In fact, due to the tragic atmosphere of both the Mughal authorities and the British administration of justice administration, the development of British judicial practice in India The story begins. But the judicial system gradually improved with the passage of time.
Faults of the justice system prevalent in Surat – This system had the following defects
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1Permanent court was not set up to settle the mutual disputes of the British 2 The president of the factory was ignorant of the law of England and had no direct control over the judicial authorities.
3 The short law applies to the British. They were not ready to accept Muslim law. 4 To settle the promises of religious thoughts, their personal laws were applicable to Hindus and Muslims. 5 Surat and Indians could not get fair justice because the Mughal justice practice was not satisfactory. It was a victim of widespread corruption. British East India Company In India & Legal History
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History of the establishment of Madras city – HD Love has described the history of the establishment of Madras city in his book Vastages of Madras. According to which an officer named Francis Day of the East India Company received a plot from the Hindu king of Chandi Giri on the eastern seashore of India in 1639, on which the company built a fort named Fort Saint George in 1640, near this fort, a piece called Madras Patnam. British East India Company In India & Legal History
The village was inhabited. In which the Indian Adivasi people lived, the king handed over the administration of this village to the company. After some time, the people of this village started going to the people living in the fort in search of employment, due to the employment of Indians in the fort, the population of the world was increasing. In this village,
British East India Company In India & Legal History Agrej who lived in the fort now started calling Kala Nagar, on the contrary, the tribal fort resident in Black Town, that is, called Agrejo as the white city, after that both the settlements started calling the same name called Madras.
British East India Company In India & Legal History Development of Judicial Institutions of Madras – In fact, the judicial system of Madras Presidency city developed in the following stages before 1726.
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In the initial phase from 1639 to 1665, Madras city was given the status of an agency of the company, for the administration of the city, an officer named Agrange agent was appointed who, with the help of his council, took care of the business of the item and administration of justice Used to work The agent was under the administration of Surat for his work,
He used to decide only the case of Agrejo. There were separate courts for the administration of justice of Indians. Which was called the Chantry Court? Therefore, in the initial stage, the work of the city of Madras was done by different jurisdictions. In which different judicial system was adopted.
British East India Company In India & Legal History The Court of Agent and Council established in White Town was headed by an officer called an agent appointed by the company. With the help of the members of his council, he used to settle only the mutual conflicts of the residents of the white city,
That is, the English, but due to not being sure of the jurisdiction of the court, he was sent to the company in England to adjudicate the disputes related to the heinous crimes, so that justice There was unnecessary delay in administration. As a result, the importance of this court decreased day by day. British East India Company In India & Legal History
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Choultry Courts established in Black Town– The head of the Choultry Court was called the head of the village called Adigar. He used to decide the small criminal disputes that arose among the residents of this place, that is, the civil promises based on the prevailing customs. Apart from this, his task was to keep an account of the sale of the village property and the slaves. British East India Company In India & Legal History
Register the license but after some time Adigar proved unfit from his workload. Kanappa, a resident of India, who was appointed the first Adigar, was fired on charges of bribery and corruption as a result of which the company appointed two forerunners Adinar Captin Martin and Jaun who served as the administration of justice one day a week.
Second Phase from 1665 to 1686 – Madras was given the status of Presidency in place of the Agency Sir Strenysham Master was appointed as Governor in 1678. He reorganized the Chaitra Courts in Phase II and soon the High Court of Judicature was called. Established
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Reorganization of Choultry Courts- Re-organization of Choultry Courts: Three English Adigars have now been appointed in place of two in the judicial post of the Court, its Chairman was always an English Judge.
The court now sat for the administration of justice twice a week. It was empowered to adjudicate minor criminal cases and civil cases up to 50 Paugeda, the decision of this court went to the appellate governor and his lawyer Samiti. The Courts of Appeal were known as High Courts. British East India Company In India & Legal History
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High Court of Judicature – The court of the said Governor and its Council was not well organized. In 1678, Sir Stanham Master decided to improve the pathetic condition of the court after being appointed as the Governor of Madras. As a result, the rule was made that the Governor and his Council, with the help of 12 jurors, got all the types of criminal and civil cases twice a week. British East India Company In India & Legal History
To decide according to English law. This court was also empowered to hear an appeal against the decision of the Chantry Court, an appeal was made in England against the rulings of the crimes committed by the court. This court was named the High Court of Judicature. British East India Company In India & Legal History
Third phase from 1686 to 726 –
English, Portuguese and Tamil languages were prevalent in the courts till 1690, although the official language was declared English, in this period two main courts were established to make the administration of justice useful.
1. The Court of Admiralty had given the company by a decree of 1683 that it could establish one or more courts as per the requirement. Consequently, a Nosena Court was set up to have three members of the court set up to prevent robberies, murders, and other abuses on merchant ships arriving at sea.
Who used to be a member of the Governor’s Council. This Court abolished the Court of Judicature and took its jurisdiction. Thus it became a general court instead of a navy and began to investigate civil, marital, and trade disputes. In 1687, an English legal jurist named Sir John Biggs was appointed to the post of judge.
2. Mayor’s Court –
A court called a mayor’s court was established under the 1687 decree consisting of a mayor, 12 alderman, and 60 or more burgesses. Meyer was an Englishman who was elected by the Alderman every year for his lifetime. The posts were maintained. This Court had the right to decide all the criminal and civil cases arising in the appeal boundaries.
Appeals against its decision in civil cases were made in the Admiralty Court. And in the promises of foreclosure, where the death penalty or organ was punished by the criminals. Appeals against his decisions were made in the Admiralty Court. A legal expert was appointed to provide legal advice to the court. According to which the first LA recorder was appointed Sir Biggs.
Thus, in the last times, three courts used to administer justice in the last time 1. Chaltry court 2. Admiralty court and Mayor court. This system continued in this form till 1726 in Madras. The establishment of the mayor’s court had the effect that the importance of the chaltry court gradually ended.
It could impose a fine on some fine cases and punishment of simple imprisonment. In civil cases, it should be decided only in cases of five pagoda worth could.