1772 AND 1774 PLAN OF

WARREN HASTINGS
BY -RADHIKA PRASAD
ROLL 2139
BA LLB (HONS.)
INTRODUCTION
 Prior to establishment of a proper system of justice in India,the system was
full of grave injustice and corruption was rampant.As soon as the company
acquired the Diwani rights ,they called Warren Hastings to create a uniform
system of justice for proper judicial administration and revenue
collection.Till the middle 18th century ,the company held under it only three
presidency towns of Calcutta ,Bombay and Madras.As time passed,the
company expanded its political activities and brought new territories under
its control which came to be known as Moffusils.The first territorial
acquistion of the company consisted of Bengal , Bihar and Orissa.Here
Warren Hastings laid the foundation of the Adalat System in 1772. Until
then,Bengal was functioning by a system of Dual government introduced
by Rober Clive in 1765 which lasted till 1772.
JUDICIAL PLAN OF 1772
 In each distict,an english collector was appointed for collection of land revenue.
 For management of civil justice-
 Mofussil Diwani Adalat was established for cases like property,Inheritance
etc.Decision in cases upto Rs. 500 was final.
 Small Cause Adalat solved petty cases till Rs. 10.Head farmer Pergunnah was the
judge.It was designed to save travelling expenses of farmers.
 For criminal justice Mofussil Foujdari Adalat was established.Moulvies interpreted
Muslim Law of Crimes while Qazi and Mufti gave fatwa and render judgement.
 Two superior courts ,the Sadar diwani Adalat and Sadar Nizamat Adalat was also
established.
 Sadar Diwani Adalat heard appeals from Mofussil Diwani Adalats over Rs. 500.
 Sadar Nizamat Adalat was supervised by governor and council to control and reduce
corruption.
MERITS OF 1772 PLAN
 It safeguarded personal laws of Hindus and Muslims.
 By making Districts,unit of administration of justice it is no longer necessary for
them to cover long distance for reaching the courts.
 Functions of Diwani and Faujdari Adalat were clearly defined.
 Though the judges of the Adalat were english men they were assisted by the native
law officers well versed in Indian law.
 Instead of taking commission from the litigant a court fee was to be deposited in the
government treasury. This put an end in judge taking personal interest in some cases
.So corruption ended.
DEMERITS OF 1772 PLAN
 The collector was overburdened with heavy work as an administrator ,revenue
collector, civil judge and magistrate in the district.
 Based on erroneous assumptions of Hastings that the Indian population consisted of
only hindus and muslims,only hindu and muslim laws were followed.No provision
for other communities.
 Though functioning of Adalat was under Sadar Adalat at Calcutta,the absence of
adequate means of communication made it impossible for the Sadar Adalat to keep
constant watch on working of collectors.
 As judges being Englishmen the native officers who assisted them misinterpreted
the provisions of the Quran and Sastras for their personal Interest.
JUDICIAL PLAN OF 1774
 Abolition of institution of collector
 Revenue:Diwan or Amil-judge of Mofussil Diwani Adalat and collected
land revenue.For proper collection,entire Mofussil area in Bengal , Bihar
and Orissa was divided into 6 divisions-Calcutta, Burdwan, Murshidabad,
Dinajpore, Dacca, Patna.Indian Naib Diwans were appointed in districts
under each provincial council to look after the same work.
 Civil justice:cases decided by Mofussil Diwani Adalats appealable to
provincial council irrespective of subject matter.Provision for second appeal
to Sadar Diwani Adalat in cases exceeding value of Rs. 1000.
 Criminal Reforms:Complaints against offices to be lodged with Governor-
General who would refer them to Sadar Nizamat Adalat for inquiry and
determination.
MERITS OF 1774 PLAN
 English collectors were replaced by Indian Officers called Naibs.Thus,the
district judicial administration was put in the hands of Indians.

 On account of establishment of the provincial council of Adalat,the burden

on the Sadar Diwani Adalat was lessened.

 The establishment of the provincial Adalat in each division reduced the

hardships of the litigants and made justice cheaper.
DEMERITS OF 1774 PLAN
 He considered the plan only a temporary measure.
 It was a trial and error process.
 Corruption and Bribery continued in the company.
 The separation between the civil justice and revenue could not be
maintained.
 Provincial council were conferred with excessive powers so they become
despots. They could not be controlled by the Governor and council in
Calcutta.
CONSEQUENCES OF THESE PLANS
 The judicial plan of 1780 was the major consequence of these plans.
 Adalats:Only civil justice and no revenue work was allowed.
 Provincial Council-No judicial only revenue related work was allowed.
 Defects- More the area,More the case and time was limited with the judge.
 Witnesses had to travel a lot.
 Cases upto Rs. 100 referred to person who stayed near the place of litigant,but
before this it was compulsory to file the case in the Adalat.
 Person who work as judge had to work as honorary judge and did not get any salary.
 Hastings was not satisfied with the situation. So, in 1780 Hastings proposed in
council that chief justice Elijah Impey be requested to accept charge of office of
Sadar Diwani Adalat.
CONCLUSION
 Hastings adopted “Trial and error” in uprooting evils of existing judicial
and executive systems and never hesitated in taking bold steps to remove
such evils.
 His plans paved the way for Adalat System in India and was very important
in the history of judicial administration in India.
 However,Constitution of criminal courts,defects of muslim criminal
law,mode of trial and proceedings in criminal law was left untouched by
him.
 His plans had several merits as well as demerits but overall it did not
favoured the Indians much in providing justice to them.
 Warren Hastings ultimately failed in properly implementing his plans in
India.