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    TOPIC: Charter of 1753 Previous Year Question

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    Kritika Pandey
    The document summarizes the Charter of 1753 which established new judicial arrangements in British India. [1] It revised the Charter of 1726 in response to chaotic conditions and conflicts between courts. [2] Under the new Charter, the Mayor's Court was revived and made subordinate to the Governor and Council. [3] It also established new Courts of Request to provide quick justice for smaller civil cases.

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    TOPIC: Charter of 1753 Previous Year Question

    Uploaded by

    Kritika Pandey
    48 views4 pages
    The document summarizes the Charter of 1753 which established new judicial arrangements in British India. [1] It revised the Charter of 1726 in response to chaotic conditions and conflicts between courts. [2] Under the new Charter, the Mayor's Court was revived and made subordinate to the Governor and Council. [3] It also established new Courts of Request to provide quick justice for smaller civil cases.

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    1600 1661

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    The document summarizes the Charter of 1753 which established new judicial arrangements in British India. [1] It revised the Charter of 1726 in response to chaotic conditions and conflicts between courts. [2] Under the new Charter, the Mayor's Court was revived and made subordinate to the Governor and Council. [3] It also established new Courts of Request to provide quick justice for smaller civil cases.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    48 views4 pages

    TOPIC: Charter of 1753 Previous Year Question

    Uploaded by

    Kritika Pandey
    The document summarizes the Charter of 1753 which established new judicial arrangements in British India. [1] It revised the Charter of 1726 in response to chaotic conditions and conflicts between courts. [2] Under the new Charter, the Mayor's Court was revived and made subordinate to the Governor and Council. [3] It also established new Courts of Request to provide quick justice for smaller civil cases.

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    You are on page 1of 4

    LECTURE 3

    TOPIC : Charter of 1753

    PREVIOUS YEAR QUESTION


     No such question

    BE PREPARED WITH a LONG NOTE OR SHORT NOTES ON


    TODAY’S TOPIC.........i.e., Reasons, Provisions and
    Limitations of Charter of 1753.

    FILLING THE TIME GAP IN HISTORY


    After 1661 Charter, recall few years..........
    1666 Madras made Presidency
    1669 Bombay
    1683 Charter of Charles II empowered Company to establish Admiralty
    Court and Mayor’s Court at Madras
    1687 Mayor’s Court established at Madras via Charter of Company
    1690 Calcutta

    1726 Charter of George I which marked the beginning


    of a new phase in the EVOLUTION OF JUDICIAL
    INSTITUTIONS IN INDIA.
    It provided for :
    1. ESTABLISHMENT OF CORPORATIONS AT BOMBAY AND
    CALCUTTA
    2. MAYOR’S COURT IN PRESIDENCIES
    PERIOD FROM 1726 to 1753 was of working of Mayor’s
    Court. It was full of conflicts and disputes between
    Governor & Council on one side and Corporation and
    Mayor’s Court on the other.

    Reasons for these clashes

    i. Lack of adequate judicial training and discipline among judges of Courts.


    ii. Attitude of Governor and Council to treat Mayor’s Court as subordinate.
    iii. Both Governor and Mayor’s Court suffered from superiority complex and
    considered themselves independent and not complementary.
    iv. Uncertainties and ambiguities of Charter of 1726 like who had real authority
    to interpret provisions of Charter.

    All these reasons for conflicts became the REASONS


    FOR CHARTER OF 1753.

    CHARTER OF 1753
    REASONS FOR ISSUING NEW CHARTER
    1. To amend the Charter of 1726
    2. To solve chaotic conditions in Presidencies
    3. To revive the institution of Mayor’s Court in Madras.........why ???
    4. Company requested the King 1746 : French occupies Madras
    1749 : Britishers got it back

    3 years... Functioning ceased


    S.No. PROVISIONS CONTENT

    1. Issuing Authority King George II


    2. Mayor’s Court  They were revived with modifications
     Madras Mayor’s Court was revived
     The jurisdiction of all Presidencies was modified
    3. Mayor’s Court  Mode of appointment of Mayor and Aldermen was changed.
    became How...???... Governor and Council now have to select 1 name out of 2
    subordinate to
     Council got full power to appoint and dismiss Aldermen
    Governor and
    Council
    4. Native Laws for  Civil cases of natives based on customs and usages
    natives  Mayor’s Court can hear the Indian cases only if both native
    Indian parties agreed and submitted the case to it.
    5. New Court  COURT OF REQUEST in each Presidency to decide cases
    established upto 5 Pagodas.
     Provide cheap and quick justice to those who cannot afford it.
     Juristiction was over all natives including Indians.
    6. Other provisions  Change in Oath System
     Court fee submitted by litigants was now to be deposited to the
    government instead of Courts

    JUDICIAL ARRANGEMENT UNDER THE CHARTER OF 1753

    4 COURTS
    Court of Request Mayor’s Court Governor and Council King-in-Council
    1. Petty civil cases Civil cases EXCLUSIVE jurisdiction
    over criminal cases In England
    2. Upto 5 Pagodas Exceeding 5 Pagodas Act as Justice of Peace

    3. Jurisdiction over all Over native cases, Held Quarterly Sessions Hear appeals from
    natives only if both parties (4 times a year) Court of Governor &
    agree Council in ALL CIVIL
    These cases could not Also hear cases Hear appeals from Mayor’s CASES involving sum
    4. of 1000 Pagodas or
    be tried by Mayor’s against Governor, Court
    Court Aldermen or more.
    Company
    LIMITATIONS OF THE CHARTER OF 1753

    1. Independence of Mayor’s Court was compromised when one of the party to


    the suit was Company.
    2. Partisan view of Mayor’s Court when there was a case between sevants of
    Company and Natives, regarding private trade.
    3. All 3 organs of government centralised in 1 authority, i.e., Governor &
    Council.
    4. Judges of Mayor’s Court were laymen.
    5. Delay in disposing off cases, when there were complicated cases.
    6. Exclusion of Indians in sharing administration of justice.
    7. Territorial jurisdiction of all courts was limited to Presidencies, but
    activities had extended beyond it.

    ......... This system went on till.........


    1774 in Calcutta : Mayor’s Court replaced by SC of
    Judicatue
    1798 in Bombay and Madras : Replacement was done by
    Recorder’s Court

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