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    Lecture 10 (21.09.2023)

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    Ashiqur Rahman
    The document discusses the history of lawmaking in Bangladesh. It describes how in the pre-British era, laws were promulgated by emperors, kings, and religious leaders. When European powers like the Portuguese, Dutch, English and French arrived in India, they established the East India Company and granted it legislative powers to make laws governing company servants and trade. The East India Company established presidencies in Madras, Bombay, and Calcutta, and appointed administrators with powers over civil and criminal cases involving English people. Over time, the British Parliament asserted more control over the company's lawmaking and administration in India through acts like the Regulating Act of 1772.

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    Lecture 10 (21.09.2023)

    Uploaded by

    Ashiqur Rahman
    4 views19 pages
    The document discusses the history of lawmaking in Bangladesh. It describes how in the pre-British era, laws were promulgated by emperors, kings, and religious leaders. When European powers like the Portuguese, Dutch, English and French arrived in India, they established the East India Company and granted it legislative powers to make laws governing company servants and trade. The East India Company established presidencies in Madras, Bombay, and Calcutta, and appointed administrators with powers over civil and criminal cases involving English people. Over time, the British Parliament asserted more control over the company's lawmaking and administration in India through acts like the Regulating Act of 1772.

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    The document discusses the history of lawmaking in Bangladesh. It describes how in the pre-British era, laws were promulgated by emperors, kings, and religious leaders. When European powers like the Portuguese, Dutch, English and French arrived in India, they established the East India Company and granted it legislative powers to make laws governing company servants and trade. The East India Company established presidencies in Madras, Bombay, and Calcutta, and appointed administrators with powers over civil and criminal cases involving English people. Over time, the British Parliament asserted more control over the company's lawmaking and administration in India through acts like the Regulating Act of 1772.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    4 views19 pages

    Lecture 10 (21.09.2023)

    Uploaded by

    Ashiqur Rahman
    The document discusses the history of lawmaking in Bangladesh. It describes how in the pre-British era, laws were promulgated by emperors, kings, and religious leaders. When European powers like the Portuguese, Dutch, English and French arrived in India, they established the East India Company and granted it legislative powers to make laws governing company servants and trade. The East India Company established presidencies in Madras, Bombay, and Calcutta, and appointed administrators with powers over civil and criminal cases involving English people. Over time, the British Parliament asserted more control over the company's lawmaking and administration in India through acts like the Regulating Act of 1772.

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    L E G A L

    S Y S T E M O F
    B A N G L A D E S H
    MD. JAHID-AL-MAMUN
    LECTURER
    DEPARTMENT OF LAW
    UNIVERSITY OF DHAKA
    SESSION 10
    H I S T O R Y O F L AW - M A K I N G
    Law making by specialized
    Law-making by the organ organ which was not
    of the state: recent vintage. simultaneously executive:
    little more than 300 years.

    Pre-British Laws were promulgated by


    emperors and kings
    Councils of elders or wise

    Era
    men
    religious leaders.

    Mughal emperors
    Judges interpret laws and
    promulgated laws as
    make rules.
    Farmans
    HISTORY OF
    L AW - M A K I N G
    AUTHORITIES
    Portuguese (20th May 1498):
    Kalikut at Malabar

    Dutch

    Europeans Danes
    in India
    English

    French (17th Century)


    The Governor and Company of Merchants of London trading into the
    East Indies.

    The East Charter granted by Queen Elizabeth I (31st December 1600).

    India
    Company: Juristic person, legislative power to make by-laws,
    Company ordinances, etc., for good governance of the company and its servants;
    to punish offences against them by fine or imprisonment;

    Abolished: 1857.
    E S TA B L I S H M E N T
    O F
    P R E S I D E N C I E S
    Madras
    • 22 July 1639
    • Francis Day acquired a piece of land from Raja Chandragiri for EIC at
    Madraspatnam
    • White City;
    • Established St . George Fort in 1640
    • Administrator of St George: Agent
    • Agent’s power to decide both civil and criminal cases in which
    English People involved
    Bombay
    • Portuguese acquired the island of Bombay from Sultan Bahadur Shah
    in 1534
    • King Alfonsus VI gave Bombay to the King of England, Charles II.
    • King transferred Bombay to EIC with an annual rent of 10 GBP.
    • Deputy Governor as Administrator
    • Charter of 1668: EIC to make laws.
    Calcutta
    • 24 August 1690
    • EIC constructed Fort William for its Factory by the side of the Hoogly
    River
    • 1698: Azim-Ush-Shan granted zamindari rights of three villages-
    Calcutta, Sutanuti and Govindapur as to EIC.
    • EIC appointed a collector to control the administration of three
    villages.
    THE
    SEPOHI
    MUTIN
    Y 1857
    L A W -
    M A K I N G
    U N D E R
    E A S T I N D I A
    C O M P A N Y
    A N D
    C O L O N I A L
    R U L E
    Charters of EIC: the power to make
    laws and enforce them.

    Modelled on the powers of making


    by-laws commonly exercised by
    ordinary municipal and commercial
    corporations.
    • Authorized EIC to “make…reasonable laws,
    constitutions, orders, and ordinances, for the
    good government of the company,
    • and of all masters, mariners, and officers, …
    employed in any of their voyages….
    • and their pleasure to revoke or alter same….
    • the said laws … be reasonable and not contrary or
    repugnant to the laws, statutes, or custom of this our
    realm.”
    • Repeated in Charter of 1609 (King James I)

    Charter of 1600
    (Elizabeth I)
    Charter of 1726

    King George II empowered Governors and Councils in the three Presidencies to:

    Make by-laws, rules and ordinances for good government and regulation

    of several corporations created; and

    Inhabitants of the several towns, places and factories


    Interference by the British Parliament
    Financial instability of the company and certain of its gross mismanagement in Bengal

    East India Company Act 1772 (also known as Regulating Act 1772)

    Empowered the Governor General and Council to make rules and regulations for the good order and civil government of the
    territories in their charge,

    But the same was not to be valid until registered in the Supreme Court with consent and approbation of that Court.

    [s 36 of the Regulating Act 1772]

    Act 1772 avoided the recognition of Dewani to the Company by Mughal.


    Mughal Empire in 18th Century

    Nawab

    Diwan to Company

    Charters regulated internal matters of the


    company, legislative power extends to the
    administration of Bengal.
    Prior to 1793: no general Code of laws and regulations in British
    India.

    Lord Cornwallis made provisions by Regulation XLI to effect some


    reforms in the legislative methods and forms.

    Each regulation was to have: (a) title expressing subject; (b)


    Preamble reciting the reasons for its enactment; (c) divided into
    sections and clauses; (d) subject in the opposite of margin as
    concisely as possible; (e) regulations enacted in a year were to be
    recorded in the judicial department and then numbered, printed and
    published.
    MERCI
    B E A U C O U P.

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