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The Rule of Law and Emergency in Colonial India - Judicial Politics in the Early Nineteenth Century (Paperback, 1st ed. 2021)
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The Rule of Law and Emergency in Colonial India - Judicial Politics in the Early Nineteenth Century (Paperback, 1st ed. 2021)
Series: Cambridge Imperial and Post-Colonial Studies
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This book takes a closer look at colonial despotism in early
nineteenth-century India and argues that it resulted from Indians'
forum shopping, the legal practice which resulted in jurisdictional
jockeying between an executive, the East India Company, and a
judiciary, the King's Court. Focusing on the collisions that took
place in Bombay during the 1820s, the book analyses how Indians of
various descriptions-peasants, revenue defaulters, government
employees, merchants, chiefs, and princes-used the court to
challenge the government (and vice versa) and demonstrates the
mechanism through which the lawcourt hindered the government's
indirect rule, which relied on local Indian rulers in newly
conquered territories. The author concludes that existing political
anxiety justified the East India Company's attempt to curtail the
power of the court and strengthen their own power to intervene in
emergencies through the renewal of the company's charter in 1834.
An insightful read for those researching Indian history and
judicial politics, this book engages with an understudied period of
British rule in India, where the royal courts emerged as sites of
conflict between the East India Company and a variety of Indian
powers.
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