Charter Act of 1683 | UPSC Modern Indian History Notes

Discover India's rich and fascinating political and constitutional history with the UPSC Modern Indian History course, where you'll explore the Charter Act of 1683 and its impact.

The Charter Act of 1683

Table of Content

• What is the Charter Act of 1683?
• Significance of the Charter Act of 1683
• Court of Judicature
• Composition

What is the Charter Act of 1683?

King Charles II granted the Charter Act of 1683 that allowed the company to set up a Court of Judicature (Court of Admiralty) in the place of its preference with the power to investigate matters relating to mercantile and maritime cases and it also confirmed the privileges of previous charters with minor alteration and addition for the benefit of trade of the Company.

Significance of the Charter Act of 1683

• Only the company can have the name "The Governor and the Company of Merchants of London, Trading into East Indies" in deed and have perpetual succession under it.

• Until repeal or revocation of the charter of 1683, other British Subjects should not visit or frequent places limited in the charter for merchandise unless with a license in writing with a common seal granted by the company.

• It authorized the company to seize and inspect any unlicensed ships, vessels, shops, wares, goods, and merchandise that caused loss and destruction to the company's trade.

• The Charter 1683 allowed the company to make war or peace with native rulers and if necessary crown could interfere and impose its authority in such peace and war (decisions).

• The company can impose martial law to protect itself from Foreign Invasions, domestic insurgence, or rebellion based on the orders of the Governor, deputy governor, or court of the company.

• It empowered the company to establish a Court of Judicature or a Court of Admiralty in such places as the company deemed fit to deal with matters of Mercantile and Maritime cases.

• The company will have same the privileges as other companies of merchants in the city of London.

• The king officers should aid and assist the company or persons employed by it on a request basis.

• All provisions in the charter of 1683 are to be constructed in a manner favorable to the company unless the contrary is proved.

Court of Judicature

• The company faced many disorders and Inconveniences through various factors such as private trading by British subjects, Piracy in the High Sea, etc., 

• To tackle this menace the Charter Act of 1683 allowed the company to set up a Court of Judicature

• This Court deals with cases relating to mercantile and maritime case 

Composition

The members of the Court of Judicature were appointed by the Governor or Deputy Governor or the Court of the company and it was composed of

1. One Person learned in civil law - He will hear and determine cases relating to forfeiture and seizures of ships, goods, and trade within the limits mentioned in the Charter.
2. Two Merchants

• The court combined would hear all mercantile cases and cases of trespass, injuries, and wrong done in the High Sea or in the territories limited by the chapter.
• All the cases must be examined and should be determined based on proof.
• The judgment should be based on justice, equity, and Good Conscience, and reasons recorded in writing.
• All the methods of procedures and rules will be determined according to the law and custom of merchants, determined from time to time basis under the privy seal.

Related Topics Links
Charter Act of 1600
Charter Act of 1661
Charter Act of 1669
Charter Act of 1677
Charter Act of 1686

FAQs