Demerits of Mayer's court under chater of 1726:-

1.The executive (Governor in Council) was fully competent to remove any Aldermen (Judges of the
Mayor's court) on reasonable cause; no doubt the dismissed aldermen could challenge their
dismissal in the privy council in England but in practice it was not an easy job that an aldermen could
challenge the decision of governor in council.
2. The judges of the Mayor's court were laymen and not experts in law thus justice remained in the
hands of non-professional judges.
3. The representation of the Indians in the constitution of the Mayor's court was negligible. Out of
the 9aldermen, seven were required to be natural born of England thus the Mayor's court was too
much English ridden.
The defects removed by chater 1753:- the Charter of 1753 was basically designed for the good
government of the Europeans, yet some provisions were made for administration of justice for
Indians. This Charter made the following changes in the previous Charter:
i. It tried to do away with the causes of dissension and dissatisfaction by changing the
method of the appointment of the Mayor and Alderman.
ii. The jurisdiction of the Mayor's Court was expressly restricted. It could now decide cases
concerning Indians alone.
iii. Certain new conditions were laid down in the Charter. It was also laid down that the
Mayor's Court could entertain an action against the Mayor and no person who was in any
way interested in the case could act as a judge.
iv. A new court, the Court of Request or Small Causes Court was set up to try cases up to a
valuation of 5 pagodas or 15 rupees in a cheap or quick manner. It was to meet once in a
week and was to be manned by commissioners between 8 to 24

The Indian Councils Act 1909 or Morley-Minto Reforms :- The Indian Councils Act 1909 or Morley-
Minto Reforms or Minto-Morley Reforms was passed by British Parliament in 1909 in an attempt to
widen the scope of legislative councils, placate the demands of moderates in Indian National
Congress and to increase the participation of Indians the governance. This act got royal assent on 25
May 1909. The Act amended the Indian Councils Act 1861 and the Indian Councils Act 1892
The main features of this act were::-
1. The legislative councils at the Centre and the provinces increased in size.
2. The legislative councils at the centre and the provinces were to have four categories of members
3. The elected members were elected indirectly. The local bodies elected an electoral college who
would elect members of the provincial legislative councils.
4. The elected members were from the local bodies, the chambers of commerce, landlords,
universities, traders’ communities and Muslims.
5. Indians were given membership to the Imperial Legislative Council for the first time.
6. In the provincial councils, non-official members were in a majority.
7. It introduced separate electorates for the Muslims.
Administration of justic become active by charter 1753:- The Charter of 1753 removes out the
uncertainty and made it clear that the Mayor’s Court could not hear the cases where both the parties
were natives unless such cases were submitted to its judgment with the consent of both parties. The
Mayor’s Court could hear the suits against the Mayor, Aldermen or the Company. The
establishment of the Court of Requests was of great help to poor inhabitants. The Court provided
quick and cheap justice to the poor litigants with small claims. The new charter also created the new
court called as Court of Request at each presidency town to decide, cheaply and quickly cases up to 5
pagodas. 1 Pagoda equals to 3 Rupees.
Provincial Autonomy :- The introduction of Provincial Autonomy was one of the reclaiming features
of this Act. Simon Commission recommends to add this part in the Government of India Act, 1935.
Provinces were not having an Executive Council and Reserved Subjects earlier but this legislation had
added these subjects. This Act discontinued the system of dyarchy or the system of division of
subjects in ‘Reserved’ and ‘Transferred’.
The Council of Ministers has got the right of administering on provincial subjects except for law and
order. The power to administer on the subject of law and order was in the hands of the government
who was having powers superior to that of the Council of Ministers
Provincial Autonomy implications act 1935:-After the commencement or the starting of this Act, the
Centre’s hold over provincial subjects was reduced. The ministers could not freely exercise their
power of running their departments. The dominating power of Governor through which it dominates
over the ministers was rarely used by him. The governor on the advice of Viceroy took total control
over the provincial government at the time of political breakdown.

Diwani Rights were granted in 1765:- These are the rights granted to British East India company to
collect revenue and settle the civil judicial cases. First of all Diwani rights were granted to the British
East India company in the year 1765 not 1865.
Lord Clive was granted to collect revenue and decide civil cases of Bengal, Bihar , Odisha. This holds
an important event in the history of India.
In 1765, the company entered into an agreement with the Emperor whereby it obtained the diwani
of the three provinces of the Bengal, Bihar and Orissa. In Warren Hastings prepared the first judicial
plan. It was the first step to regulate machinery of administration of justice and the plan being a
landmark in the judicial history become famous as Warren Hasting plan of 1772. The main features
of the plan were as follows :- 1. It strengthened and legally acknowledged the British control over
Bengal, Bihar and Odisha.
2. Clive in the name of mughal emperor and approval of the Nawab served business and and political
interests of the company.
3. The Diwani rights went to the company leaving foujdari and administrative authority to the nawab.
The Powerless Nawab had powerless responsibilities while british enjoyed supremacy. The company
used the revenue collected to consolidate business, organizing and increasing armed forces.

DEFECTS OF THE Regulating ACT 1773:- The objective of the Regulating Act was commendable, but
system that it established was inept. The act was a jar of inconstancies with numerous deficiencies.
Firstly, the act made the Governor General powerless before his colleagues because he had no veto
power. This brought difficult and unmanageable times for Warren Hastings. He was outvoted and
overruled for most of the times by the members of his council. Further, some of the members were
hostile towards Warren Hastings. Governor-General had no free hand to give an independent
decision, the council used the Governor-General as the puppet to make their decision.[35]
Secondly, the provisions regarding the Supreme Court at Fort Williams were vague and ambiguous.
The law did not mention anything regarding the jurisdiction of the Supreme Court. It also did not
demarcate the lines between powers of Governor and Supreme Court. The actions of the servants of
the company were brought under the Supreme Court but this again was a point of tussle between
Governor General and the court.[36]
Thirdly, the parliamentary control was inefficient in the sense that there was no concrete
arrangements to study, examine and scrutinize the reports and data sent by the Governor General in
council.[38]
Judicial reforms made by lord Cornwallis / Judicial Plan of 1787:- On the instructions from Court of
Directors, Lord Cornwallis introduced his first plan in 1787 to combine revenue and the judicial
functions in a single authority called the Collector. Thus, the Collector collected the revenue as well
as decided the revenue disputes. This was done to avoid the conflict of jurisdiction and to save
expenses. The revenue court was called as Mal Adalat. The appeal against the decisions of the
Collector went to the Board of Revenue at Calcutta and a second appeal to the Governor-General
and Council. Thus there was provision for two appeals in revenue cases.
For deciding civil disputes, Diwani Adalat with Collector as the sole judge were established. The
Collector was also given some magisterial powers. As Magistrate he had the powers to arrest the
criminals, hear evidence against them and commit the case to the criminal court to be tried by it. In
petty matters, he was given power to inflict 15 days imprisonment.

Nand Kumar Case ( A judicial murder):- Raja Nand Kumar was residing in Bengal and was big
Zamindar. In March, 1775 he laid a letter before the council member with charging allegations
against Warren Hastings. According to the letter, Warren Hastings received bribe from former Nawab
wife Munni Begum for granting a Zamindari. Council members arranged meetings to issue summons
to Nand Kumar to attend before council to produce vouchers in support of his charges of bribery
against Hasting’s With the summons of council Nand Kumar produced a letter in person which was
written to him by Munni Begum. The council majority decided that Hasting received a sum of Rs.
3,45,105 and asked him to return the money to the Company’s treasury. Nand Kumar was suddenly
arrested at the instances of a Calcutta merchant Mohan Das on charge of forgery.
He was put on trail before the Supreme Court presided over by Sir Elijah Impey. The trial began on
7th June 1775 and continued for a period of eight days, Every judge of the Supreme Court cross
examined the defence witness due to which the whole defence of Nand Kumar collapsed. On the
basis of Mohan Das evidence, the verdict of guilty was returned by the jury and Raja Nand Kumar
was condemned to death.

Reforms made by Warren hasting (plan of 1772):- Warren Hastings prepared the first judicial plan. It
was the first step to regulate machinery of administration of justice and the plan being a landmark in
the ial history become famous as Warren Hasting’s plan of 1772. The main features of the
plan is that all the three provinces were sub-divided into districts which were placed Collectors.
These collectors were responsible not only for the collection of revenue, but also for looking after the
general administration of the district, judicial system was sought to be overhauled and separate civil
(diwani) and (nizamat) courts (adalats) were established at various levels. The Adalat System, thus,
introduced, can be discussed under the following main heads:-
1. Diwani Adalat: At the level of each district, a mofussil diwani adalat was established. It was a court
of original jurisdiction in civil or diwani matters.
2.Mofussil Faujdari Adalats: Mofussil Faujdari Adalat was established at the level of each district. This
court handled all criminal cases.
3. Adalats of Small Causes: Small Causes Adalat was established under the Head Farmer who
decided the cases up to the value of Rupees ten.
4.Sadar Faujdari (Nizamat) Adalat: This was an appellate court in all criminal matters and was
presided over by a Daroga who was aided in his work by the Chief Kazi, the Chief Mufti and three
Maulvis.
5. Sadar Diwani Adalat : This court heard all appeals from the Mofussil Diwani Adalats beyond the
value of Rupees five hundred.
The foundations of the British empire in India by lord cilive:- The foundations of the British empire
in India were, it is said, laid by Robert Clive, known to his admirers as the “conqueror of India”. Clive
first arrived in India in 1743 as a civil servant of the East India Company; he later transferred to the
military service of the Company and returned to England in 1753. He arrived in India in 1756 and at
once secured the British forces in Madras. He then moved to Calcutta, which had been captured by
the Nawab of Bengal, Siraj-ud-daulah, and early in 1757 he recaptured Bengal. Later that year, on
June 23rd, he defeated the Nawab, largely by means of bribes, at the so-called “Battle of Plassey“.
Warren Hastings an administrative organizer:- In 1772 Warren Hastings became
President and reorganized the government, Hastings carried out an aggressive policy of
administrative, judicial, and fiscal reform to improve government and eliminate abuse. He
suppressed banditry in the country. He put down a serious Maratha conspiracy supported by the
French. Hastings brought twenty-three years of Indian experience to the work, for those two years
his hands were free ; he planned, organized, and executed his own policy unhindered ; it is by the
action he then took that he must stand or fall.
Salient Features of Govt of India Act 1935:- The Government of India Act 1935 contained 32
Sections 14 Parts and 10 Schedules and consisted of 2 Major Parts. The Act introduced federal
system in the centre. Its salient features are as follows:
1.The most important feature of the act was that it introduced a dyarchy at the central level in the
government, 2. The act mainly focused to fulfill the National Aspirations, 3. The act gave a measure
to form a federal form of government and an all India Federation, 4. The act involved the making of a
federal form of Government in India. 5. There was the separation of states which lead to the creation
of two new states -Sindh and Orissa. 6. The act extended the Franchise by giving 10% voting rights to
the public which was a great extension of rights to the people, 7. The act provided for the
establishment of a federal court which was done in 1937. 8. The act abolished the Indian Council and
made provision for the introduction of an advisory body in India, 9. The act re-organized certain
provinces such as separating Burma from India, 10. To control the credit flow in the economy it leads
to the establishment of the Reserve bank of India to control the currency in the country.
Features of Government of India Act 1858:- 1. East India Company was liquidated. 2. Indian
territories of Britain were to be governed in the name of the British Queen. 3. The Court of Directors
and the Board of Control were scrapped. 4. The powers of the Company’s Court of Directors were
vested with the Secretary of State for India. 5. The Viceroy was to be assisted with an Executive
Council. 6. This act made India a direct British colony. 7. This act abolished the dual government of
the Pitt’s India Act. 8. This act also ended the doctrine of lapse. 9. The Indian Civil Services was to be
instituted for the administration of the country. There was provision for Indians also to be admitted
to the service. 10. It was decided that the remaining Indian princes and chiefs (more than 560 in
number) would have their independent status provided they accept British suzerainty.
Indian High Courts Act 1861:- By Indian High Courts Act 1861, the Supreme & Sadar Courts were
amalgamated. The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters patent
to erect and establish High Courts of Calcutta, Madras and Bombay.The High Courts of Calcutta,
Madras and Bombay were established by Indian High Courts Act 1861.It’s worth note that Indian
High Courts Act, 1861 did not by itself create and establish the High Courts in India. The objective of
this act was to effect a fusion of the Supreme Courts and the Sadar Adalats in the three Presidencies
and this was to be consummated by issuing Letter Patent. The jurisdiction and powers exercised by
these courts was to be assumed by the High Courts.