The Common Law in India - College of Social Sciences and ...

6 The Common Law in Indiaunder the sovereignty of the Crown, was treated inthe matter of the administration of justice and theapplication of laws.The charter of Charles II transferring the island tothe Company required the Company to enact laws" consonant to reason, and not repugnant or contraryto" and " as near as may be agreeable to" theEnglish laws. The charter also directed that thecourts and their procedures should be " like unto thosethat are established and used in this our realm ofEngland." 6Rules for the civil government and equal distributionof justice upon the island were drafted in Englandby the Company's law officers and, after the approvalby the Solicitor-General, a draft was settled and engrossedto be sent out to India in 1669. These lawswere divided into six main sections which includeda section entitled " Establishing a Method for DueProceedings." This section provided for the establishmentof a court of judicature for the decision of allsuits and criminal matters under a judge to beappointed by the Governor and Council, and for alltrials in the court to be by a jury of twelve Englishmen,except when any party to the dispute was notEnglish, in which case the jury was to be half Englishand half non-English. It also made provision forregular sittings of the court, the recording of itsproceedings in registers, the fixing of reasonablecourt fees and for a right of appeal from the courtof judicature to the Governor, or Deputy Governor,6 Ibid., p. 6.