the Buropeen a cnt must, on NO ACCOUNT, DE ExLIEEE uy sry established ofr judicial system of India. The Governor General was spe- uroduced heep a strict watch on the methods by which the servants of the Se i ne ht In short 1) economy, 2) modification, and 3) purification ice w te sy seated 1) ally Fe pceatme rich." U . re aims ‘of the mission. isors of Cornwallis se an affairs, he was fully Settlement and of the Cornwallis had little knowles regarding oe : efects of the Regulation Act, and the Actol a : a Hastings in india Iwas specially due to tis fact thal Cornallis ed the Governor Generalship only when the Milit Command was a accer'ee vice and the Governor General was made independent of his Council. | hs ote ment in te interest ofthe iniabtants was henceforth the touehstone” Sou riey ratker than an enlargement of the Company's investment or an of th et territorial revenues. The haphazard expansionism of the preceding ae was stopped and the change proved to be a stopping-place rather than 0p of direction but it was nevertheless effective and significant. Due to hig inexperience in Indian affairs, Cornwallis largely depended on his eae Fortunately, he found the following persons as his advisors: 1) Sir John Shore, an expert on revenue matters. His help was “invaluable” to Cornwallis, as he ob- served." 2) Jonathan Duncan, who later became Governor of Bombay. 3) Charles, yo became Chairman of the Directors. 4) James Grant, who became President ofthe Board of Control. 5) Charles Stuart, the Commercial expert. 6) Sir William Jones, an eminent Oriental Scholar and judge of the Supreme Court. hough aware of 4 | III JUDICIAL REFORMS OF CORNWALLIS When Lord Cornwallis came to India in 1786, he was greatly dissatisfied with existing system of the administration of justice. Warren Hastings before re- tuning to England separated the work of collecting revenue from administration of justice. Civil justice was administered in local civil courts, hamely, Mofussil Diwani Adalat and Sadr Diwani Adalat: For criminal cases there were separate courts. The final authority in civil cases directly and in criminal cases indirectly Sas with the Supreme Council. Lord Cornwallis found that the whole system 'L Cornwallis’ main task throughout his term was to reinstate British reputation in India, He much perplexity from two main centres of mischief left by Hastings, “the Augean stables of : cia Lucknow”. In “Benares...a scene of the grossest corruption and mismanagement”. See. 1 seg ondence Pat I, 194 (Cornwallis 8-8-1789 and November 1786) 1, cag tt Keith d Constinwionel History of india, 1660-1935, 105 tpi allis held strongly that no man in the ordinary service should be promoted to the 5 a " ment ah ed the gratitude to Sir Job Shore..2nd his praise of hit help 2. Ph Successo ilip Woodro: The Men WheSg STONES cated, iogical, wasteful and suspected of being corrupt. He had was complicate instructions from the directors to remove all these abuses. Thus, atready receive ce vith 1wo difficult tnaks—to simplify the complicated and ca a recy sradministration of justice and to uproot corruption from jve machine a ea nt aenevants in administration: 7 all “e wg the whole system oF and criminal justice by 9 method ae rate judicial system Cornwallis introduced reforms in three of trial and error. moa jastalments—in 1787, 1790 and 1793 respectively: n of 1787 ructions to Lord C n. The © : both the functions were unites 1, Judicial pla : ; . wallis to bring simplicity economy ‘orn xisting separation of the revenue and ‘The directors gave inst "° Separation anid parity into the judicial system, c functions removed ant srrerey : aan rand judicial Functions brought about by Hastings in his plan was not is the kin ‘ of the Company and the Company combined them in one person in vename oFeconomy and efficiency through Cornwallis who was in favour of the 7 lection more important than justice.” i K enue col merger.® This made the work of reve! i sed and the number of districts was reduced The existing 36 districts were reorgant to 23. Each district was in the charge 0 trict the Collector was responsible for the collection of revenue, to decide c: and matters relating to revenue. He was also to act as the judge in the Mofussil rece Adalat ofthe District and decide civil cases. The Collector was also en | { fa Collector, an Englishman. In each dis- trusted with Magisterial powers in his district. Though the Collector was given all these powers, he was advised to keep his various functions separate from each other, as far as possible. His revenue functions in the revenue court were known as ‘Mal Adalat. From the Collector's revenue court, first appeal was to go to the Board of Revenue at Calcutta and final appeal lay with the Governor-General-in-Council on the executive side. re The Collector, in the capacity of a judge, was to hold the Mofussil Diwani ene aes cases, in court was also required to decide cases and ser tivated re a and boundary disputes of ‘Zamindars. The Collector ages while dealing with the oe of the prevailing local customs or Us Diwani Adalat lay to the Sady Di ion to zamindaris, etc. Appeal from Mofussil 21000. Sadr Diwani Adalat coms Adalat in matters involving more the his Council. They were assisted by fi orth ees Mee a the suit was £5000 or more, a further gene oe cers: Where the a in England, “Lmore, a further appeal was allowed to the King-in-Cou"s! In aa : ats order to assist the Collector in devi “ appointed in each district civil ding civil cases, an Indian Registra assed by the R Strict civil court to RE ear ms eat were Uy petty eases up 19 €200.D system w, elstrar were required to pee pet y cases up to i This © Countersigned by the Collec @S Introduced in order to ay oid any injustice to litigants. ration eto Nhee pole of Cornwallis in Judicial nerorms 1st 6) sarging his duties as a Magistrate in each district the Collector was a uy and punish the criminals in petty offences, tn the case empowered ves, where the punishment of imprisonment was expected to be.of of raver of fays the arrested accused was sent to the nearest Mofussil Nizamat snore rial and punishment. All Europeans who were not British subjects were aca fn the same Footing in criminal matters as the Indians and the Mofussi Faujdori ‘Adalats were authorised to try and punish them. ithough by the judicial reforms of 1787, Cornwallis united the judicial office and adininistration in the hands of one Englishman, Ze. Collector, it was consid- aed a better step t0 suit the then existing conditions than the earlier separation of jiiiary and executive. f while diseh 3, Criminal judicature , > (a) Reforms in 1787.—In 1187 when Cornwallis introduced reforms in the civil and revenue courts, he purposely avoided introduction of any major reforms in the criminal courts. It appears that he wanted more time to study the function- ing of the criminal judicature and its role in suppressing crimes. After gaining sullicient experience from 1786 to 1790, Cornwallis realised that the prevailing system of the administration of criminal justice was very defective and futile." Robberies, murders and other crimes relating to life and property of the natives, were increasing, dacoits and murderers were protected by Zamindars, conditions ofprisons were highly unsatisfactory, judges and law officers were paid low sala- ries, persons eager to amass money joined these posts, there was no security of tenure of these posts, cases were therefore delayed on account of collusion be- tween judges and offenders and there was no standard of imposing punishments.” He found that these evils were growing due to two main causes. First, the defec- tive state of the Mohammedan criminal law; secondly defects in the constitution ofthe trial courts due to which they failed to deal with criminals, Apart from this, he was also convinced that it was necessary to check the prevailing corruption amongst the native courts and officers. (b) Reforms in 1790.—In order to improve the law and order situation and Punish the criminals severely, Cornwallis introduced vital reforms in 1790." He | oe it would be a blunder to leave the administration of justice in the ' ee ads He was very doubtful about the honesty of the Muslim o ; judi tore, as a matter of principle he decided not to give any important 5, administrative office of responsibility to any Indian. ‘ory ee ae . judica- : Allis resolved to abolish the authority of the Nawab over criminal judie S Was the F i assume Most important aspect of the plan as that power wi mat Adalal General and Council under the name of Sadr Ni Was so far Naib m, was dismissed from his-of! Chaps. Ii, It ILL (984) Chap. ¥, 1S(Chap, Nizamat Adalat was again shifted from Murshidabad to Catentta General and members of his Council presided over the Sadr Nix, were assisted by the Chief Qazi of the province and two Muft issued o fait. Sade Nizamat Adalat decided cases in append vn the f the report of the trial Magistrate, Proceedings of the Cireuit Couey and written pleadings and defence of the Parties, At this time the Chief Qazi and Wwe assisted the appellate court in deciding the cases, Mofussil Faujdari Adalats. were abol ished. The whole divani area was divided into four divisions of Calcutta, Murshidabad, Dacca and Patna, In each division y iminal court was established which was called the Court of Circuit. The Corny of Circuit was not a stationary court but was a Moving or circulating court Bos from district to district in its respective circuit division. An appeal from the Cireuit Court lay to the Sadr Nizamat Adalat at Calcutta, Each circuit was divided into various districts. In each district, the was to act as Magistrate. The Magistrate’s was the lowest criminal court, It tried and punished criminals in petty offences. In grave offences the Magistrate was to timinal to the Court of Circuit for trial and punishment, The Governysy nat Adalat They és who expounded Collector “(€) Mohammedan criminal law—Cornwallis was convinced Mobammedan Law was defective, punishment prescribed were cruc| ruption in courts was rampant. In 1790 Cornwallis introduced certain very in. portant reforms in the Mohammedan Criminal Law and all Nizamat Adalats were instructed to decide cases according to the modified rules of Mohammedan ment for murder, it was ordered, was now to be given on the basis of Atention of the party rather than the manner and the instrument employed, Blood-money was abolished.” Cruel punishments were abolished, Ev idence of Muslims was admitted as valid, Salaries and allowances of the judges and order to check corruption. 790 the judicial reforms of Cor criminal courts, criminal law Kk of administer} security to life and that the and cor a officers were increased in On the whole in nwallis were aimed at improy- ub and the persons who were entrusted with ing criminal justice. In fact these reforms not only law and "ly of the people, but also improved the Jaw ast granted ord, in Indian att ditions require’ hisreforms ¢ pera eayse i necaaniniaainsiammenetpmanniocesentaintnnnenet DR i ro earner eer ren