Administration of Justice in Bombay
Before 1726, the Judicial system the Island of Bombay grew in Three
Stages –
1) First Stage – (1668 – 1683)
2) Second Stage – (1683 – 1690)
3) Third Stage – (1781 – 1726)
Stage I (1668 – 1683)
In the year 1534 Portugal for the first time received the Island of
Bombay by cession from the
King of Gujarat, Sultan Bahadur. Bombay was controlled by them for
more than a century.
When King Charles II of England began his rule,, the Emperor
Aurungzeb was at the height
of his power in India.
In Surat the Company occupied merely the position of one of the big
trading houses of the city which was controlled by Aurungzeb.
In the year 1661 Portuguese King Alfonsus VI transferred the Island
of Bombay to Charles II
as a gift on the marriage of his sister Princess Catherine with the
British King. At that point of
time Bombay was a poor place and the population of Bombay was
just 10 000, Bombay was a just small fishing, neglected Island town.
Later Charles II transferred the Island of Bombay to the East India
Company in year 1668 for
annual rent of Ten pounds.
CHARTER OF 1668- Charles II gave the charter to the company to
administer the Island of
Bombay with full powers and jurisdiction required for the
administration of
justice in Bombay. .
The company was authorised to make the laws on the basis of Laws
of England.
Thus with the charter of 1668 , the status of East India company
started to change.With this
charter the trading company started its journey towards becoming a
territorial sovereign .
Judicial system
Now Bombay came under Surat Presidency. Deputy Governor and
Council were appointed to administer Bombay.The Governor of Surat
factory named Gerald Aungier became the ex-officio Governor of
Bombay.
Gerald Aungier has been described as the true founder of Bombay as
he was the chief architect of the first judicial system in Bombay.His
efforts led to the establishment of the first judicial system in Bombay
in 1670.
Bombay was divided into two parts.
1. First Division:- Bombay, Mazgaon and Girgaum
2.Second Division :- Mahim, Parel, Worli and Sion.
Each division had within its jurisdiction five judges and a customs
officer who was an Englishman and head the respective court. Three
judges were to form a Quorum and some Indians were appointed as
judges for the melodious Governance.
Jurisdiction
This court was to decide cases of theft and all civil cases up to 200
Xeraphins.
Each division of the court was to keep records and copies of all cases
and these copies were to be submitted to the deputy governor’s
office.These courts quarterly, submitted copies to the Deputy
Governor’s office, which were to constitute a superior court. All
criminal cases like murder and mutiny etc. were to be decided by the
deputy governor.
From 1670 – 1672 the legal system was very elementary and admin of
justice was given to
traders with no knowledge of law and no salary for the judicial work
done by them.
In the year of 1672 the legal system was reformed and George
Wilcox would become the judge.George Wilcox reformed both civil
and criminal Jurisdiction.
➢ Portuguese law and customs were abolished and English law
was introduced by the government. The government announced
on 1st August 1672 that the court should now have jurisdiction in
all matters of civil, criminal, probate and testamentary.
➢ The Court of Judicature was empowered to
exercise its Jurisdiction over all Civil a and Criminal and
Testamentary cases. George Wilcox appointed its Judge assisted
by other Justice. The Court sat once a week to try civil cases with
the help of jury. The court charges a fee of five percent of
valuation of the suit from the litigants.
➢ An appeal from the court of Judicature was allowed to the Deputy
Governor and Council.
➢ The judges were prohibited from carrying on private trade or
business and instead he was granted a salary of Rs. 2000 per year
to meet his expenses.
➢ Along with above court, to try petty cases Court of Conscience
were established. This court was to seat at once a week. No poor
were charged court fees.
➢ For Criminal Justice, Bombay divided in Bombay, Mahim,
Mazgaon and Sion. In Each of these division justice of peace
was appointed. These were Englishmen. They also have to act
like Committing magistrate like arresting the offender.
➢ In the year 1683 the company judicial system came to an end
because of keigwin’s rebellion on the Bombay island and in the
year 1684 the keigwin’s rebels surrendered the island to the
company, thus making the end of the first the first phase of
evolution of judiciary in Bombay.
