Charter Act of 1661 | UPSC Modern Indian History | political and Constitutional history of India

The Charter Act of 1661 is a topic covered in the UPSC Modern Indian History course, which explores the political and constitutional history of  India.

CHARTER ACT OF 1661

Table of Contents

1. What is the Charter Act of 1661?
2. Purpose of the Charter Act of 1661
3. Major outcomes of the  Charter Act of 1661
4. Power of the Governor and the Council
5. Punishments under the Charter Act of 1661
6. Related Topics 

What is the Charter Act of 1661?

The Charter Act of 1661 also known as the Judicial Charter issued by  British King Charles II increased the judicial and legislative power of the company. This Charter empowered the company to punish Heinous Offenses committed by the company Servants and Englishmen trading in Indian and settlement territories but not working for the company.

Purpose of the Charter Act of 1661

The Charter Act of 1600 provided certain law-making powers to the company but that power was not enough to control the interlopers or lawbreakers, there were no provisions in the Charter to punish persons who commit heinous offenses.

The company was also facing problems caused by people who were  not the Workers of the company but residing and trading within the territory of the Company Settlements

Therefore the need to increase the legislative, executive, and Judicial power of the company was keenly felt. The Charter Act of 1661 significantly raised the company's ability to safeguard its settlements and it gave powers regarding war, punishment, fortification of settlement, etc.,

Thus the Charter Act of 1661 gave the company certain aspects of sovereignty over its settlements.

Major outcomes of the  Charter Act of 1661

• It introduced the joint stock principle in the company and voting power was given to the members for every €500 subscribed to the company stock
• It gave authority to the company to appoint Governor and Council for Governing the Fortresses
• It gave the power to erect Forts, despatch ammunition, coin money, administer justice, punish interlopers, go to war, or make a peace treaty with non-Christians for the defense of the factories
• It authorized the company to punish persons living in the company settlement including Indians
• It empowered the executive i.e, the Governor and the Council with judicial power
• It paved the way for applying English law in India
• It gave sovereign powers to the company over its settlement and Factories
• This Charter was the first step in establishing a judicial court in India

Power of the Governor and the Council

Under the Charter Act of 1661, the company could appoint Governor and Council to each factory and they were given the power to

• Judge and execute persons working in the company or living in the settlements of the company in all civil and criminal matters 
• If there was no Governor and the Council in the Factory or the settlement, then the punishment can be given by the Chief Factor and Council or the offenders can be sent to the place where there is Governor and the Council is Present.

Subject to the laws of Britain.

Punishments under the Charter Act of 1661

The Charter Act of 1600 was not equipped to provide punishment for heinous offenses but this was remedied under the Charter Act of 1661 which empowered the Governor and the Council to give Punishment for such Offenses 

Related Topics 

1. The Charter Act of 1600

2. The Charter Act of 1669

3. The Charter Act of 1677

4. The Charter Act of 1683

5. The Charter Act of 1686

Other Topics

1. Decline of the Mughal Empire

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FAQs

What is the History of The Charter Act of 1600?

The Charter Act of 1600 was a Royal order given by Queen Elizabeth I of England to a Trading company formed by a group of members called "Merchant Adventures". It granted monopoly Rights and special privileges to the company in Asia and Africa.

What were the Features of The Charter Act of 1600?

Special Previledges and monopoly trade rights,State Aid in Case any need arises,Protection from other Companies,Safeguard against Competition from the European Counterparts,maintain discipline among its members and servants.

What was the Charter Act of 1600 and 1661?

The Charter Act of 1600 provided certain law-making powers to the company but that power was not enough to control the interlopers or lawbreakers, there were no provisions in the Charter to punish persons who commit heinous offenses. But the Charter Act of 1661 significantly raised the company's ability to safeguard its settlements and it gave certain powers regarding war, punishment, fortification of settlement, etc., Thus conferred certain aspects of sovereignty over the settlements

What is Charter Act in Indian history?

The Charter Acts were royal orders given by the British Crown to Regulate the administration of the British East India Company in India. The Charters provide power to the Crown over the Company and its activities in India and make it responsible its Actions.