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Charter act 1600

 The East India Company, With Its Official Title As “ The Governor And
Company Of Merchants Of London Trading Into East Indies” Was Incorporated
In England On The 31st December 1600, By A Charter Of Queen Elizabeth Which
Settled Its Constitution, Powers And Privileges. 215 Knights got permission to
establish the company

 The Company Was To Have A Life Span Of 15 Years.

 Charter Could Be Revoked Also On Two Years’ Notice.

 Exclusive and Only Trading Rights To Company.

 India, Asia, Africa And America Fall Within Their Geographical Limits.

Provisions
 Without A Licence From Company No British Subject Could Carry On The
Trade.

 Unauthorised Traders Were Liable To Forfeiture Of Ships And Merchandise.

 The Affairs Of The Company Were To Be Conducted On Democratic Lines.

 24 directors were appointed by 215 knights and they appoint a person as


governor. They have the power to imprison only for 15 days and the could
impose some fine

 The Legislative Powers Thus Conferred On The Company Was Very Limited.

 Serious Crimes Could Not Be Adequately Dealt With.

 No Power To The Company For Governing Any Territory.

 Despite Its Limited Scope The Early Grant Of Legislative Power To The
Company Is Of Historic Interest.

 It Is Out Of This Modest Beginning In The Year 1600 That The Vast Powers Of
Legislation Grew In Course Of Time.

 King’s Commission For Voyages

 The Company Soon Found That Its Legislative Power Was Inadequate In Practice
For Maintaining Disciplines Amongst Its Servants While On Long Voyages.

 This Proved To Be An Inadequate Deterrent To Prevent Lawlessness.

 To Meet The Situation, The Company Invoked The Crown’s Prerogative And
Used To Secure From It A Commission To The Commander- In- Chief Of Each
Charter act 1600
Voyage Separately, Empowering Him To Inflict Punishment To Criminal
Offences, And To Put Into Execution The Law Called “Law Martial”

 The First Of Such Commission Was Issued By Queen Elizabeth On 24th Jan 1601,
To Captain For The First Voyage.

 To Obviate The Practice Of Granting A Separate Royal Commission For Each


Voyage, King James I On Dec 14 1615 Conferred On The Company A General
Power To Issue Such Commission To Its Captains.

 On Feb 4, 1623, James I Granted To The Company The Power Of Issuing


Commissions To Any Of Its Presidents In Its Settlements Authorising Him To
Punish Offences Committed On Land By The British Subjects, After Trial By Jury.

Surat Factory
 A Factory Was A Place Consisting Of Offices, Residences For Company’s
Employees And Spacious Warehouses For Storage Of Goods.

 Consequently In 1612 The Englishmen Succeeded In Establishing Their Factory


At Surat With The Permission Of The Local Mughal Governor. 1615 Sir Thomas
Roe Went To Jahangir’s Court

 Could Live According To Their Own Religion And Laws.

 Disputes Could Be Settled By Their Own President.

 Mughal Governor And Qazis Were Also Directed To Do Speedy Justice.

 Most Suitable Place.

 Important Commercial Centre.

 An International Port.

 Populous Town

 These Features Attracted Britishers For Whom Sea Was The Only Means Of
Communication.

 First British Factory

 By That Time Portuguese Already Established Themselves At Surat. They Were


Not Relishing Competition In Their Indian Trade.

consequences
 This Led To A Naval Contest Between Them In Waters Of Surat.

 Britishers Routed Portuguese


Charter act 1600
 Judicial Arrangements In Surat Factory

 Administration Vested In President And Council.

 Decisions Taken By Majority Of Votes.

 No Veto Power To President.

 In Area Of Law And Justice, Englishmen At Surat Were Under A Dual System Of
Law Viz., English Law And The Indian Law

 Main Responsibilty Of The Englishmen At Surat Was To Govern Themselves


And Not To Care For The Indians Who Had Local Courts To Go To.

 No Complexity Arose At Surat.

 Problems Of Administration Of Justice Was Limited One.

 No Regular Tribunal Was Created.

 King’s Commission Of 1623.

 The President And Council Wielded The Judicial Power.

 Quality Of Justice Was Not Very High.

 Cases Were Decided According To The Sense Of Justice And Fairplay.

 Reason Was That President And Councillors Were Traders Not Lawyers.

 No Knowledge Of English Laws.

 As Far As Indian Condition Of Administration Of Justice Was Concerned, They


Were At Its Lowest Ebb And Suffered From Many Evils And Vices.

 Corruption And Bribery Was Rampant.

 Englishmen Did Not Have Any Confidence Or Respect For The Established
Judiciary.

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