Judicial

Reforms of William Bentinck

Thursday, 15 December 2022 10:57 PM

Background

• He was the son of Britain’s former prime minister William Bentinck.

• Lord William Cavendish Bentinck first came to India as governor of Madras in 1803 and
was recalled in 1807 on account of the mutiny of the sepoys at Vellore in 1806.
• After about two decades he was appointed the Governor General of Bengal and took
over charge in 1828.
• The court of directors supported Bentinck, as he was a man of peace, of discipline and of
economy. His administration in India was marked by peaceful activities. Lord William
Bentinck generally followed the policy of non-interference and' non-aggression. He was
influenced by the utilitarian principles of Jeremy Bentham and James Mill.
• The Charter Act of 1833 was passed in his tenure. This Act marks the centralisation in
India’s administration and also made provisions for the inclusion of Indians in
government service. This also made Bentinck the first Governor-General of India.
• Governor General of India from 1828-1835.
• But in Nagar Revolt 1831 and prolonged misgovernment in Mysore forced him to bring
the state under British administration.
• Bentinck, as a matter of belief, concentrated on studying the condition of the Indian
empire, examining the administration, inspecting the army and making reforms in all
fields.
• As the commander-in-chief he visited all the cantonments and took steps to strengthen
discipline and economy in civil and military services. He reduced the batta or the
allowance given to troops when on active service and saved about one and a half million
pound. He reformed the military by banning flogging as a punishment in the British
Indian army.
• Lord Willaim Bentinck's administration was marked by the introduction of English
education. He formed a committee, chaired by Lord Macaulay, to make
recommendations for the advancement of education and English Education Act 1835.
• He opened the Calcutta Medical College in 1835 and it became the first western medical
school in all of Asia where people could be admitted irrespective of caste or creed.
• Along with Raja Ram Mohan Roy, Bentinck tried to suppress many superstitious practices
prevalent then. Sati, the practice of widow burning, was abolished by the Bengal Sati
Regulation (Regulation XVII) on 4th December 1829.
• He also tried to control, with Ram Mohan Roy’s advocacy, practices like polygamy, child
marriages and caste rigidity.
• Bentinck also did a commendable job of controlling organised Thuggee. Thuggee was
finished off by 1837 by Thuggee and Dacoity Suppression Acts.

The most remarkable act of Bentinck was introduction of numbers of innovations and
initiated new policies in the sphere of judicature.

CREATION OF ADDITIONAL COURTS OF SADAR DIWANI ADALAT AND SADAR NIZAMAT

ADALAT
• Separate court of Sadar Diwani Adalat and Sadar Nizamat Adalat with similar structure
and authority as same as vested in the Sadar Adalat at Calcutta were established on
January 1 1832 at Allahabad.
• This courts were created to adjudicate the administration of justice in the western
provinces.
• This was done because Calcutta court was overburdened with cases and it was expensive
and costly process and resulted in delay for the Company as well as the people of
western provinces.
• Jurisdiction of Adalat was extend over the Banaras Province, including district of Meerut,
Saharanpur, Muzaffarnagar and Bulandshahr.

REFORMS IN CRIMINAL JUDICATURE

• Cornwallis scheme of Judicature worked nearly for 40 years, through this time it revealed
its many imperfections. This institution failed to achieve two objectives for 40 years
which is cheap and quick decision making.
• Bentinck in his own words “ courts have became the resting place for those members of
the service who deemed unfit for higher responsibilities”.
• Biannual session done circuits was never hold on time resulted in delay, prisoners waited
for judgements, many innocent used to live prison for long time. This system failed to
achieve desirable outcomes.
• Bentinck made up his mind breakup the useless system of circuit court.

Reforms
• By Regulation I of 1829 established Commissioners of Revenue and Circuit.
• The provinces of Bengal, Bihar and Orissa were divided into twenty division and each
division Commissioner of Revenue and Circuit was appointed.
• Commissioner had the powers and authority of the Court of Circuits.
• Commissioner had the power of superintendence and control over the Magistrates,
police, Collectors and other revenue officers.
• Government directed commissioners to hold goal deliveries every quarter in Zilas and
cities.
• Thus the commissioners became the criminal judges in all cases of importance.

Appellate power :-
• Commissioners were to be subject to authority and control of Sadar Nizamat Adalat in
their criminal judicial functions AND to the Board of Revenue in their revenue duties.
• Any order passed by magistrate was made appealable to commissioners.
• The order of commissioners was deemed to be final and were not open to revision of
Sadar Nizamat Adalat.

Areas to each Commissioner

• Now each commissioner was given much smaller territory usually two or three district
where he was to conduct sessions for trials of criminal cases.
• This made quick disposal of cases and appeal from magistrate were less troublesome.

Birth of District and Session Courts

• By Regulation 7 of 1831, the government was authorised to invest the judges of District
Dewani Adalat (not being magistrate) with power to conduct sessions whenever it was
advisable to take pressure of business on the commissioner of Revenue and circuit.As
these judges had to meet in session generally four times in a year they were known as
Sessions judges.
• The sessions judge tried those cases which were committed before them by magistrate.
But they didn’t have authority over magistrate or police.
• This session courts were to be held only in exceptional cases when commissioners had
more pressure but Later with time exception became rule and commissioners were
generally unable to manage the sessions in addition to their other duties so trial of of
criminal cases invariably came to be transferred to the judges of district adalats.
• Thus were born the district and session court with subsist even today an exercise judicial
function in both civil and criminal matters.

Institution of Collector - Magistrate

• Zila judges acted as magistrate were relieved of their magisterial functions, which were
transferred to collector and created the institution of collector magistrate. This practice
even existed after the independence in sub divisional officers.
• This system was more open to criticisms as collector had relieved of control and
supervision by anyone.
• This system provided little protection to the people against the extortion committed in
the collection of taxes, so in these way collector decided complaints as his own acts but
still system existed for long time.

Indian participation
• In 1803 Lord Wellesley appointed Native Commissioner known as Sadar Ameen in every
district or city who used try cases upto 100 rupees. (Only civil matters)
• In 1832, Lord Bentinck empowered Sadar Ameens to inflict punishment upto a period of
one month with hard labour or corporal punishment upto 30 rattans.
• Provision were also made for the association of the Indian as assistance or jury in the trial
of criminal cases.

Reforms in Civil Judicature

• Regulation II of 1833, Provincial Court was abolished and all its function were transferred
to District Diwani Adalat with unlimited jurisdiction to try original cases.
• Bentinck abolished the three tier system of Cornwallis and setup two tier system. Trial of
all the cases were given to District Judges and appeals from district court lay to Sadar
Adalat.
• By Regulation VIII of 1833 the Governor General Council was empowered to appoint
number of Additional Judges in District Diwani Adalat on the recommendation of Sadar
Diwani Adalat.
• The Indian Judges who were working as Munsiff and Sadar Ameens were given more
power to decide civil cases. Pecuniary jurisdiction of Munsiff increased to 300 rupees and
1000 rupees of Sadar Ameens. Appeals from Munsiff and Sadar Ameens lay to zila and
city judges whose decision were made final.

Creation of Principal Sadar Ameen

• Principal Sadar Ameen was judge appointed by Governor General in Council.
• He authorised to decide cases upto 5000 rupees.
• He was empowered to heard appeals from Munsiff and Sadar Ameens referred to him by
Diwani Adalat under certain conditions.
• Appeals from Principal Sadar Ameen lay to Sadar Diwani Adalat
• Registrar courts were abolished and all its cases were transferred to Sadar Ameens and
Principal Sadar Ameen.

Collector - Revenue Matters (not civil cases)

• Cornwallis separated the judicial and revenue functions of the collectors.
• Upto the time of Bentinck judicial powers of the collectors were restored and civil courts
revised his proceedings.
• By Regulation XIV of 1835, Collector got great deal of discretion and while deciding cases
as many people did not have means or the time to go to adalats in regular courts by this
considerable oppression of people persisted in this system.
• The collector was no longer simply needed to report to judges only execution was
reserved in the hands of the civil courts.
• Collector were given powers for compelling attendance and examination of witnesses
and generally for all purposes except execution of their decree which conflicted to civil
courts.

Jury System
• Bentinck introduced kind of a jury system.
• In this scheme English judges were empowered to avail themselves of the assistance of
respectable Indians, other than law officers in the administration of justice.
• Regulation VI of 1832 English judges can avail assistance in three ways :-
a. Judge could refer the case to panchayats of respectable Indians who would carry
inquiry outside the court and report the result to the judges.
b. The judges could constitute two or more respectable persons, as assessors with a
view to the advantage derivable from their observation, particularly in the
examination of the witness, each assessor used to give his opinion separately.
c. The judge could employ respectable persons more nearly as jury. They were to
attend during the trials of the suits were to suggest as it proceeds, such points of
inquiry as to occur to them; the court, if no objection exists using every endeavour
procure the required information and after consultation will deliver the verdict.
• Judges can choose any way to appoint assessors and the ultimate decision was vested
exclusively in the hands of judges presiding in the court.

Conclusion