By Keith Arthur. Berriedale
This ebook, first released in 1936, presents a complete description and research of each constitutional element of British rule in India from 1600 to 1936. starting with an outline of the East India corporation ahead of Plassey, its structure, management of settlements, and relation to the Indian states, the booklet closes with an account of the reforms of the Nineteen Thirties, the occasions prime as much as the White Paper and an research and elucidation of the govt. of India Act 1935.
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Additional info for A Constitutional History of India, 1600-1935
Section 2, regarding the administration of justice, confirmed the existing rights provided for the impartial administration of justice, laid down the principle of trial and conviction by a jury of twelve men before deprivation of rights or the infliction of corporal punishment, and forbade commitment to prison without specific warrant. 14 Geo. I, c. 3, s. 40. 2 Wilson, Hist. of Madras Army, i, 48. 3 Fa-wcett, First Century of British Ju8tice in India, pp. 18-28. Sec. 3] THE LOCAL GOVERNMENTS 35 By Section 3 provision was made for the establishment of a Court of Judicature for the decision of all suits in criminal matters under a judge appointed by the governor and council, trials to be by jury of twelve Englishmen unless one party to the dispute was not English when half the jury was to be nonEnglish.
Hence the effort of James I through William Hawkins to obtain permission for regular trade from the Emperor ended in 1611 in failure, though Jahangir had at first shown much favour to Hawkins during his stay at Agra. Force, however, extorted local respect, and the authorities at Surat agreed to grant trading privileges which an imperial firman confirmed. 1 He found that the Emperor was not prepared to conclude a treaty, and in the end he had to content himself with obtaining what was requisite in the way of permission to trade and to manage the affairs of the factory independently of local interference, in the form of a grant from Prince Khurram, the viceroy of Gujarat.
The Mayor's Court asserted naturally enough like power, but this led to dispute in 1730 with the council, which denied its right to deal with issues of religion or caste, and dismissed the mayor from his post as secretary to the council as punishment for his insistence on his judicial independence. But the Company very properly upheld the authority of the court against the council, and the mayor and aldermen as grand jurymen were able to express freely their views to the governor and council, using their power to refuse to find true bills of indictment to press their views on the due method of swearing Hindus.