DR.

RAM MAHOHAR LOHIYA NATIONAL LAW UNIVERSITY

PROJECT ON:

(FINAL DRAFT)

Judicial Plans Of Warren Hastings

SUBMITTED BY: UNDER THE GUIDANCE OF:

VINAY SHEEL Dr. VANDANA SINGH

ROLL NO: 166 FACULTY OF ARTS

SECTION ‘B’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER III NATIONAL LAW UNIVERSITY

SIGNATURE OF STUDENT SIGNATURE OF PROFESSOR

ACKNOWLEDGMENT

I express my gratitude and deep regards to the National Law University, Lucknow for giving
me such a challenging topic and also for their exemplary guidance, monitoring and constant
encouragement throughout the course of this thesis.

I also take this opportunity to express a deep sense of gratitude to my seniors in the college
for their cordial support, valuable information and guidance, which helped me in completing
this task through various stages.

I am obliged to the staff members of the Madhu Limaye Library, for the timely and valuable
information provided by them in their respective fields. I am grateful for their cooperation
during the period of my assignment.

Lastly, I thank almighty, my family and friends for their constant encouragement without
which this assignment would not have been possible.
CONTENTS

1. Why were the plans introduced?

2. Role of Warren Hastings

3. Highlights of Judicial plans of 1772

4. Demerits of the plan

5. Highlights of Judicial plans of 1774

6. Demerits of the plan

7. Conclusion
INTRODUCTION

Warren Hastings, an English statesman, was the first Governor of the Presidency of Fort
William (Bengal), the head of the Supreme Council of Bengal, and thereby the first de facto
Governor-General of India from 1773 to 1785. He was accused of corruption
and impeached in 1787, but after a long trial he was acquitted in 1795. He was made a Privy
Counsellor in 1814.

The administration of justice at the time Warren Hasting took over as Governor of Bengal
was in a bad shape. It was almost verging on a total collapse. The dual system of government
proved very defective and unsatisfactory. The courts had become the instruments of power
rather than of justice, useless as means of protection but apt instruments for oppression. On
realizing the fact that the system of double government had failed the company authorized the
then Governor Warren Hastings to adopt such regulations and pursue such measures as shall
at once ensure every possible advantage to the Company and free the ryots from the
oppression of landlords and petty tyrants. Warren Hastings hence proceeded to make major
changes in the administration of justice. This paper work views the various reforms made by
Warren Hastings during his time in India. This administration of justice maybe studied in
four stages. To start with Warren Hastings realized the very fact that an impartial and regular
administration of justice was extremely essential for creating conditions for a better collection
of land revenue. Thus changes were made in regard to civil and criminal justice while various
other provisions were also introduced. Moreover one of the major development which took
place was that the three presidencies—Bengal, Bombay, and Madras— were divided into a
number of districts for the betterment of administration. Lastly, the appointment of Impey
helped in fulfilling the need of reforming the judicial system under the control and
supervision of a powerful authority. In fulfilment of his duties, his work of compiling the
Civil Procedure Code was quite recommendable. It was for the first time that the law was put
on solid and certain grounds so that the people could know as to what the procedure of courts
was.
WHY WERE THE PLANS INTRODUCED?

Prior to the establishment of a proper system regarding the administration of justice in India,
there was an extremely decadent system in place whose very existence itself was a grave
injustice. People could neither access judicial institutions easily, nor could they depend on
these to give them a fair and equitable judgement. In addition to that, there was not much
proportionality between the offence committed and punishment awarded (Retributional
Justice was gravely lacking, and was one of the many reasons for people to grow
disillusioned with the legal system in place).

Furthermore, corruption was rampant, and the local law officers (Kazis, Mufti’s and the
Maulavis) were very prone to deciding cases in favour of people who could pay for the
judgements to go in their favour (which entirely defeated the function of a court’s existence,
violating the principle of natural justice and sending a highly incorrect message to the
public). The Mughal Empire, when it was at the height of its power, had employed two
officers in order to conduct administration in the provinces also known as Subhah’s, namely
the Nawab and the Diwan. The Nawab handled matters of military and criminal justice and
law order; whilst the Diwan handled mattes with regard to revenue collection and
administration of civil justice and revenue cases or disputes1.

But even they were extremely inefficient in carrying out their judicial responsibilities. One
can fairly deduce from their modus operandi that they were highly disinterested in the
performance of these functions (their lack of efficiency can also be attributed to, too many
functions in their hands leading to a scenario where they over worked). Each would delegate
their responsibility to their assistants (Daroga-adalat-al-alia as the assistant for the Nawab,
and the Daroga-i-adalat, for the Diwan). But they were again very corrupt due to acceptance
of  bribes and money in order to adjudicate matters.

Once the East India Company attained the right of Diwani (which gave them the powers of
the Diwan-to adjudicate civil and revenue matters and collect revenue, keeping any surplus
after collection for themselves) for an annual sum of Rs. 26 Lakhs, they brought in Lord
Hastings (after the EEIC2 completely failed in carrying out its duties under Diwani) to turn
1
Prof. M. P. Jain, Outlines of Indian Legal & Constitutional History, (6th Edition), Ch 7, Pg 54.
2
English East India Company
things around. They needed him to create a uniform system, a system that would be people
friendly and serve justice according to the natural principles of justice. Furthermore they
needed a system, which was simple, and efficient in order to serve the following two
purposes:

 Collection of revenue for the EEIC

 Creating a uniform and easily understandable system of justice that was people
friendly and that aided not just the British nationals, but also the natives living within
their territories.

This was the job entrusted to Warren Hastings, when he was the Governor of Calcutta. He
was asked by the Court of Directors to employ methods that would reduce the oppression of
the Zamindars and other officials who were over-using their power for all the wrong reasons,
thereby causing undue pain and harm to the local peasants. It must be noted that the British
were extremely prudent in realising the unmistakable link between revenue and civil matters.
Having this thought in mind, helped them ensure that not only their aims in India were
reached but more importantly the interests of the people were neither neglected nor forgotten.
These were the conditions to which Warren Hastings was introduced and given the task of
devising a new legal system, which ultimately came to be  known as the Adalat System.

ROLE OF WARREN HASTINGS

Warren Hastings (1732-1818) was the first governor-general of British India. Initially he was
employed (1750) as a clerk by the East India Company, but he soon became manager of a
trading post in Bengal. When Calcutta was captured (1756) by Siraj-ud-Daulah, Hastings was
taken captive. But he was soon released. After the British recaptured the city in 1757, he was
made British resident at Murshidabad. His good service and knowledge of the people’s
condition there brought appointment to the Calcutta council (1761), but he returned
to England (1764) disgusted with administrative corruption in Bengal3.

Warren Hastings came into a situation of turmoil and disarray with respect to judicial
institutions and their administering of justice. The institutions that existed were corrupt and
inefficient. Moreover, they were inaccessible by the common masses who, were forced to

3
http://www.encyclopedia.com/topic/Warren_Hastings.aspx.
incur a great expense and travel great distances in order to attain justice. This was the
situation that Warren Hastings was given the mission of turning around. His attempts to
reform the judicial system were categorised in two plans:

 Judicial Plan of 1772

 Judicial Plan of 1774 

HIGHLIGHTS OF JUDICIAL PLANS OF 1772

The Judicial Plan of 1772 as been formulated by Warren Hasting consisted of 37 regulations
dealing with civil and criminal laws. It was the first Anglo-Indian Code, which worked out on
the basis of experience and common observations. An endeavour was made to adopt it to the
manners and understandings of the people and exigencies of the country, adhering as closely
as possible to their ancient usages and institutions. The idea was to retain, as far as possible,
the native magistracy and codes of law, recorded and oral, to which the people had become
accustomed. The plan aimed at correcting the defects without destroying the traditions of the
local systems. Thus the diwani area of Bengal, Bihar, and Orissa was divided into several
districts, each with an English collector as its head. This ‘district’ was the main
administrative unit in the plan. The main features of Judicial Plan of 1772 may be explained
under the following headings:

Civil Justice: A Mofussil Diwani Adalat was established in each district to decide civil cases.
The collector was the judge of this court. The court took cognizance of all civil cases
including property, inheritance, succession, caste, marriage, contracts, accounts etc. In the
suits regarding inheritance, marriage, caste and other religious usages and institutions, the
Hindu law was applicable to the Hindus while the laws of Koran was applied to the
Mohammedans. The collector in matters of Hindus and Muslims was helped by pandits and
kazis respectively who expounded the law. Appeals from these courts were to be heard by the
Sadar Diwani Adalat at Calcutta where the subject matter of the case exceeded Rs. 500. This
court comprised Governor as its President and at least two members of the council aided by
Diwan Treasury and Chief Kanungos4.

4
Dr. N.V. Paranjape, Indian Legal & Constitutional History, 5th Edn., Central Law Agency
Criminal Justice: A Mofussil Faujdari (or Nizamat) Adalat was established in each district for
the trial of crimes and misdemeanours5. This court was assisted by a Kazi or Mufti and two
Maulvies who expounded the law, while the Collector had a general supervision over the
court. The court had full power to decide and punish all criminal cases though they were not
empowered to award death sentence. In such cases, the court’s decision was submitted to
Sadar Nizamat Adalat for confirmation and finally to the Nawab for his sentence.

Sadar Nizamat Adalat, established at Calcutta, was presided by an Indian judge known as
Daroga-i-Adalat who was to be assisted by the chief Kazi, chief Mufti and three Maulvies to
hear the appeals from the Faujdari Adalat.

Revenue Administration: The whole revenue system was reorganized under the Hastings plan
of 1772. The revenue Boards at Murshidabad and Patna were abolished and a supreme
authority called the Board of Revenue was set up at Calcutta which consisted of the Governor
and all the members of the Council. The Treasury was also shifted to Calcutta. Further, the
district supervisors were appointed as Collectors of revenue and also native Naib Diwans as
heads of the native executive in districts.

Moreover, the Board of Revenue comprising Governor and his Councilors at Calcutta sat
twice a week for issuing necessary orders and instructions to the Collectors of Districts and
inspecting, auditing, and passing the revenue accounts. The plan of 1772 was in many
respects a boon to the people at that time. The change in judicial system brought back the
confidence of the people in the government and the justice. However, a grave defect in the
plan was that the Collector acted as the administrator; the Judge and the Magistrate in the
district i.e. there was over-centralisation of powers in a single official.

Miscellaneous Provisions: A few provisions were made to promote pure and impartial justice.
All cases were to be heard in open court. All adalats were to maintain proper registers and
records. District adalats were to transmit abstracts of their records to Sadar Adalats. This
precaution was necessary so as to discourage judicial officers from misusing their power. To
make justice inexpensive, the old vexatious impositions on administration of justice were
abolished and moderate fees were prescribed for trial of civil cases which was bound to give
relief to people. To supplement the work of the courts, the method of arbitration was also
provided for.

5
Prof. J.K. Mittal, Indian Legal & Constitutional History, 1st Edn., Allahabad Law Agency, P. 37
DEMERITS OF THE JUDICIAL PLAN

One of the major defects of the Plan was that there was over-centralization of powers in a
single official, namely, the Collector. He was overburdened with heavy work as he was
singularly required to shoulder the responsibility as an administrator, revenue collector, civil
judge and a magistrate in his District6.

The Judicial Plan had a limited application only in the territory of Bengal, Bihar and Orissa.
It was based on an erroneous assumption of Hastings that Indian population consisted of only
the Hindus and Muslims. There were other communities and races for which there was no
provision made in the Judicial Plan.

Though the functioning of Adalats was under the supervision and control of the Sadar Adalat
at Calcutta, but in absence of adequate means of communications it was almost impossible
for the government at Calcutta to keep a constant watch on the working of the Collectors of
the districts. In absence of an effective control, the Collectors indulged in private trading and
misused their position and power for personal gains. The judges of the courts being
Englishmen, they did not have knowledge of personal laws of Hindus and Muslims. Though
native laws officers were appointed to assist the English judges, but they could easily
misguide the judges by deliberately misinterpreting the provisions of the Quran and Shastras.
The functions of revenue collection and civil administration were combined in a single
official, the Collector.

Therefore there was no separation between revenue collection and civil administration.
Obviously, the Collector paid more attention to revenue collection than the civil
administration.

HIGHLIGHTS OF JUDICIAL PLAN OF 1774

The abolition of the institution of Collector in 1773 on the advice of the Court of Directors of
the Company in England up-set the judicial arrangement of 1772 and a new Plan became an
urgent need of the time. Warren Hastings prepared new Plan on November 23, 1773 which

6
M.P Singh, Outlines of Indian Legal & Constitutional History, 7th Edn., Universal Law Publishing Co. Pvt.
Ltd.
was implemented in January 17747.The various changes made in regard to revenue, civil
justice, criminal reforms are as follows:

Revenue: Collectors were re-called from the districts and in their place an Indian officer,
called Diwan or Amil, was appointed. He was to act as a judge of the Mofussil Diwani Adalat
and collected the land revenue also. The entire Mofussil area in Bengal, Bihar and Orissa was
divided into six divisions with the Headquarters as Calcutta, Burdwan, Murshidabad,
Dinajpore, Dacca and Patna8. Each division had a Provincial Council consisting of a Chief
and four senior servants of the Company. A Committee of Revenue was instituted at Calcutta
for superintending that Division, consisting of two members of the Council and three senior
servants, assisted by a Diwan and others. The Councils and the Committee were to supervise
the collection of revenue in their Divisions. Indian Naib Diwans were appointed in the
districts under each Provincial Council to look after the same work. Complaints against the
Head Farmers, Naib Diwans, Zamindars and other principal officers of the government,
relating to their conduct in the revenue, were to be decided by the Provincial Councils.
Aggrieved parties might ultimately go to the Board of Revenue at Calcutta.

Civil Justice: The provisions relating to appeals in civil cases were also considerably
liberalised under the plan of 1774. Now all cases decided by the Mofussil Diwani Adalats
were appealable to the Provincial Council irrespective of the value of the subject matter of
the suit. There was also a provision for second appeal to the Sadar Diwani Adalat in cases
exceeding the value of Rs. 1000/-.9

Criminal Reforms: The Officers of the Faujdari Adalats were forbidden to hold farms or other
offices in the Mofussil and were obliged to reside in their districts on pain of forfeiting their
employments. Complaints against them were to be lodged with the Governor-General who
would refer them to the Sadar Nizamat Adalat for inquiry and determination.

Although the new system was an improvement over the earlier one, the change did not give
good results for long. The Council took the place of the Collector in creating the difficulties
and monopolising the trade within its jurisdiction. Warren Hastings detected this defect very
soon but he could not make any change till 1780 when entirely a new modified system was
established.

7
M.P Singh, Outlines of Indian Legal & Constitutional History, 7th Edn., Universal Law Publishing Co. Pvt.
Ltd.
8
M.P. Jain, Outlines of Indian Legal History, 6th Edn., Wadhwa and Company Nagpur, P. 65
9
Adalat System in India available at www.findarticles.com
DEMERITS OF THE PLAN

The defects of the system set up in 1774 were seen in the Patna Case 10 which is concerned
with the conflict between the jurisdiction of Supreme Court and function of adalat in mofussil
areas. As it was in practice those days, the Mofussil Adalat as well as the Provincial Council
employed services of Kazis and Maulabis to interpret the Muslim law.

The judicial commission arrived at a decision after taking into account the consultation of the
Maulabis and Kazis. Thus it became a practice to neglect judicial work. In this case, the
Maulabis and Kazis were given the power to take the evidence of the case and arrive to a
decision.

No established law was followed while taking the evidence and the Provincial Council passed
a judgement based on the evidence collected by irregular procedure. The Supreme Court held
that the Provincial Council did not delegate its judicial decisions according to the procedures
held by the Supreme Court.

Thus an order was passed by the Supreme Court to send the wrong-doers to jail. The
decisions of the Supreme Court were criticized to a large extent. Following this, the work in
Mofussil Adalat came to a halt because no officers in this adalat were ready to take up
judicial work as they will have to go to jail. The work of revenue collection also suffered
because most of the revenue officers left their jobs.

The defect when came to the knowledge of Warren Hastings, could not continue any longer
and he remedied it by giving a new judicial plan promulgated on 11 April 178011.

CONCLUSION

The work of Warren Hastings has left a deep impact on the History of India. Though on one
hand his contributions to the administration of justice are appreciable to some extent, but on
the other hand the reforms made by him had its own flaws.

10
Prof. M.P.Jain, Outlines of Indian Legal &Constitutional History, 6th Edn., P.77
11
Ibid.
Appreciating his contributions, the various reforms implemented by him justify that he was
not only a capable administrator but also a great inventive genius. He adopted the method of
“trial and error” in uprooting the evils of the existing judicial and executive systems and
never hesitated even in taking bold steps to remove such evils. As the first Governor-General
he proved himself as one of the most faithful servants of the English East India Company,
who played a vital role in further strengthening the foundation, which was earlier laid down
by Clive, for the future expansion of the British Empire in India.

Now taking into account his flaws, one may notice that, certain areas like the constitution of
criminal courts, the defects and severity of Muslim criminal law, the mode of trial and
proceedings in the criminal courts, which mainly required vital reforms and special attention
were left untouched by him. While on the other hand, he only touched the fringe of the whole
problem of improving the criminal justice.

But considering his limitations which arose due to his conflict with hostile Members of the
Council, wavering support of the Company’s Directors in England, antagonistic interests of
political parties in England prejudicing his reputation, his failure to implement his ideas and
plans in this regard, is justifiable.
BIBLIOGRAPHY

BOOKS REFERRED:-

1. M.P Singh, Outlines of Indian Legal & Constitutional History, 7th Edn., Universal
Law Publishing Co. Pvt. Ltd.
2. Prof. M.P.Jain, Outlines of Indian Legal &Constitutional History, 6th Edn., Wadhwa
and Company Nagpur.
3. Prof. J.K. Mittal, Indian Legal & Constitutional History, 1st Edn., Allahabad Law
Agency.

WEBSITES:-

1. http://www.legalservicesindia.com/
2. http://mohdyasinblsllb.blogspot.in/2014
3. http://www.realityviews.in/2010/04/part-9-indian-legal-history-judicial.html