Keith Arthur. Berriedale's A Constitutional History of India, 1600-1935 PDF

By Keith Arthur. Berriedale

This booklet, first released in 1936, offers a finished 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 earlier than Plassey, its structure, management of settlements, and relation to the Indian states, the publication closes with an account of the reforms of the Nineteen Thirties, the occasions top as much as the White Paper and an research and elucidation of the govt. of India Act 1935.

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East India Co. (1836), 1 Moo. Ind. App. 175, 272, 273. 28 THE COMPANY BEFORE PLASSEY [Chap. I merely trading stations without territorial sovereignty, and it was only gradually that wider authority came to be exercised at Madras, Bombay, and Calcutta under the varying conditions dictated by the different sources of its power. The general principle of the control of the business of the factories was the rule of a council, the chief member of which was styled governor or president. The policy of the Company varied from time to time regarding the principle on which control should be exercised.

It would not, therefore, have been possible for the Company itself to confer the power to govern by martial law, and the whole episode is suggestive of the Hunter, History of India, ii, 304. To Surat July 14th 1686; to Madras April 8th 1687. Cf. the Madras Charter, December 30th 1687 as to martial law; it gives power to the president and council to make temporary by-laws. 2 40 THE COMPANY BEFORE PLASSEY [Chap. I period of prerogative run mad which preluded the revolution of 1688. In point of fact civil jurisdiction was never confined to the Admiralty Court by the Company.

In accordance with instructions from the Company he established the executive government under a deputy governor and council, but the current belief that he enacted codes for the civil and military administration of the island rests on a misunderstanding. The laws and ordinances of war which then were operative in the island had clearly been in force before his arrival, and so far from enacting them he expressed grave doubt as to their effectiveness and warned the deputy governor of Bombay, who claimed that they authorized a court martial to pass sentence of death on a military officer for alleged mutinous conduct, that the powers given rested only on the prerogative and that a man might be prosecuted for condemnation by court martial.

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A Constitutional History of India, 1600-1935 by Keith Arthur. Berriedale


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