The Charter of 1726 in India
THE CHARTER OF 1726 IN INDIA
The British crown, KING GEORGE I issued the charter on the 24th September 1726 in three presidency town. Established civil and criminal courts along with the principles of English laws in India and also established local legislatures in each presidency. Most of the lawyers were practicing without any proper facilities and legal training before the establishment of the charter of 1726.
The main features of the Charter of 1726:
The Charter for the first time established the Crown's Court in India. The judicial system established. The Charter brought about a uniform system in all the three Presidencies of Bombay, Madras and Calcutta and the different types of systems exiting till then were abolished.
The entire three presidencies were to have one mayor and nine aldermen. Out of nine aldermen two could be a prince of any state having good established relations with Great Britain. Mayor’s were appointed for one year and later in expiry of terms served as alderman, wherein alderman was appointed for life time. New mayors were, elected by outgoing mayor and the alderman. An, alderman, can be removed by the governor and council subject.
The Charter of 1726 adopted the principle of independence of judiciary to a considerable extent, which was a fortunate development in the legal history of India. But the constant assertion of judicial independence by the judges of the Mayor's court proved the Governor and Council, which resulted into constant conflict and hostility between the two. The relations between the Mayor's Court and the Governor and Council also led to the serious differences between the Government and the Corporation, which are reflected in the following case. Few examples of cases under charter of 1726: The Bombay Case of 1730:- A Hindu woman of shimpi caste converted herself to Christianity and became a Roman Catholic. On account of this, her son aged twelve years left her and went to live with his Hindu relatives at Bombay.
The British crown, KING GEORGE I issued the charter on the 24th September 1726 in three presidency town. Established civil and criminal courts along with the principles of English laws in India and also established local legislatures in each presidency. Most of the lawyers were practicing without any proper facilities and legal training before the establishment of the charter of 1726.
The main features of the Charter of 1726:
The Charter for the first time established the Crown's Court in India. The judicial system established. The Charter brought about a uniform system in all the three Presidencies of Bombay, Madras and Calcutta and the different types of systems exiting till then were abolished.
The entire three presidencies were to have one mayor and nine aldermen. Out of nine aldermen two could be a prince of any state having good established relations with Great Britain. Mayor’s were appointed for one year and later in expiry of terms served as alderman, wherein alderman was appointed for life time. New mayors were, elected by outgoing mayor and the alderman. An, alderman, can be removed by the governor and council subject.
The Charter of 1726 adopted the principle of independence of judiciary to a considerable extent, which was a fortunate development in the legal history of India. But the constant assertion of judicial independence by the judges of the Mayor's court proved the Governor and Council, which resulted into constant conflict and hostility between the two. The relations between the Mayor's Court and the Governor and Council also led to the serious differences between the Government and the Corporation, which are reflected in the following case. Few examples of cases under charter of 1726: The Bombay Case of 1730:- A Hindu woman of shimpi caste converted herself to Christianity and became a Roman Catholic. On account of this, her son aged twelve years left her and went to live with his Hindu relatives at Bombay.