Adalat System

Mofussil were the larger areas beyond the limits of presidency town
1. They were completely under the jurisdiction of the company with no relation with the
crown
2. Judicial organization provided by the company in Mofussil area was called as the Adalat
system, whose foundation was laid in Bengal
3. After the battle of Plassey, company held the reign of administration of Bengal, Bihar and
Orrisa, including the collection of revenue and the administration of civil and criminal
justice.
SEPARATION OF JUDICIAL AND EXECUTIVE POWER
From 1773 onwards, company ruled in Bengal became a terror as a result the parliament had to
pass the regulating Act in 1773 to regulate the affairs of the company in Bengal.
It provided for the establishment of Supreme Court replacing the mayor’s court. The court was to
consist of a chief justice and 3 judges who were to be trained by English lawyers. They have the
jurisdictional powers in the cases pertaining to civil, criminal and admiralty.
It also acts as the court of equity like the court of chancery in England. Company personance
could not tolerate the court’s sanction and scrutiny over their Diwan-e-Rights which they thought
to be a relationship existing exclusively between the Company and the Mughal authority.
FAUJDARI ADALAT
1. This court is presided by Qazis and Muftis and are assisted by 2 Maulvis.
2. They are deciding the criminal cases. It goes to the Sada Nizamat Adalat
M. DIWAN-E-ADALAT
1. They have the civil jurisdiction of the state. Here the collector was regarded as the judge. The
Pandits and Qazis were also being included in this court. However, they can hear the cases upto
Rs.500

SMALL CAUSE ADALAT

It was headed by the head farmer of Pargana and they decide the cases upto Rs.10
SADA NIZAMAT ADALAT
It is to be presided by Daroga-e-Adalat, chief Qazi and 3 Maulvis and the person who supervises
this court was governor and council.
Sada diwan –e - adalat
It takes up the cases upto Rs.500. The excessive power was in the hands of the collector.
Warren Hastings, divided the territory of Bengal, Bihar and Orrisa into a number of districts and
in each district an English servant of the company was appointed as a collector who was
responsible for the collection of revenue. All the cases that come in governor and council court
was heard in open courts. They were to maintain the register and records and any case older than
12 years was not accepted. Warren Hastings purposely did not take the full charge of criminal
justice system and made the puppet Nizams responsible for the criminal system. In this plan,
though collector had many powers it often came in conflict with governor general.
REGARDING DELHI SULTANATE
The administration of justice was one of the most important function of the Sultan which was
actually done in his name in 3 capacities that is Diwan-e-Qaza (arbitrator), Diwan-e-Mazalim
(head of bureaucracy) and Diwan-e-Sujarat (commander in chief of forces).
A systematic classification and gradation of the courts existed at the central level in provinces,
Parganas and villages.
CENTRAL ADMINISTRATION
The main courts were the King’s court which was presided over by the Sultan. The courts of
Diwan-e-Mazalim was the highest court of criminal appeal and the court of Diwan-e-Risalat is
the highest court of civil appeal. The Sultan normally presided over these 2 courts, the chief
justice that is Qazi-ul-Qazat was the highest judicial offices next to Sultan.
From 1206-1248 in the absence of the Sultan the Chief Justice presided over these courts. The
court of Diwan-e-Siyasat was constituted to deal with the cases of rebels. Its main purpose was
to deal with criminal prosecutions.
PROVINCIAL ADMINISTRATION
In each province (Subhas) various courts were established that is Adalat Nazam Subha, Adalat
Qazi-e-Subha, Diwan-e-Subha. Adalat Nazam Subha was the government’s court. Adalat Qazi-
e-Subha was presided over by the chief provincial Qazi. Adalat Qazi-e-Subha was presided over
by the chief provincial Qazi, he was empowered to try the civil and the criminal cases and hear
the appeals from the courts of the district Qazi.
4 different officers namely Mufti, Pandit, Mohatasib and Dadbak.
DISTRICTS
The main courts were Qazi, Faujdars, Amiles and Kotwals. The court of the district Qazi was
empowered to hear all the original civil and criminal cases. Appeals were also filed before this
court from the judgement of the Parganas, Qazis, Kotwals and village Panchayats.
The courts were presided over by the district Qazi who was appointed on the recommendation of
Qazi-e-Subha. The court of Faujdar deals with petty criminal cases. The court of Sadar deals
with cases concerning grant of land and the registration of land. Court of Amil deep with the land
revenue cases whereas the Kotwals were authorized to decide the petty criminal and police cases.
PARGANAS
At each Pargana 2 courts were established that is Qazi-e-Pargana and Kotwal. The court of Qazi-
e-Pargana had all the powers of a district Qazi in all civil and criminal cases except one power
that is appeal power or hearing appeals. Kotwal looks into the civil and criminal cases and is
regarded as principle executive officers.

VILLAGES
Each group of village has a village assembly or Panchayat who was headed by a Sarpanch and
appointed by Nazim or the Faujdars. The Panchayats look into a civil or criminal cases of local
regions. During the period of Sultans, the judges were impartially of their high standards and
learning in law. Judges were the men of great ability and were highly respected in society.
Many chief justice of the sultanate period were famous for their independence and impartial
justice. Incompetent and corrupt Qazis were condemned and were dismissed from their offices.