Judicial Plans of Cornwallis

Plan of 1787

Revenue Civil Criminal

G. G and Council King in Council

Board of Revenue Sadar Diwani Adalat Sadar Nizamat Adalat

Mal Adalat Mufussil Diwani Adalat Mufussil Fouzdari Adalat

Diwani Adlat Magistrates Courts

(Registrar courts)
 Criminal

Sadar Nizamat Adalat

(Reza Khan)

District level
Mufussil Nizamat Adalat Magistrates Courts
Indian officials Collector

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Judicial Plan of 1790

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Reasons behind introduction of
Reforms

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Entire criminal administration of justice was in
the hands of Nawab.
The criminal justice was completely left in the
hand of Muslim officers on whom there
was no proper control or supervision.
The judges were paid very low salary out of
the amount of Nawab’s allowance,
Insufficient to maintain either the dignity of
their office or their families.
with such a low salary, there was every
possibility of their illegal activities.
The persons who were appointed as judges in the
criminal courts had no legal education,
character and integrity.
The criminals felt that money could save them
from law.
The administration of justice process was very
slow.
In many cases, after completion of trail by the
mofussil Adalats records were not sent to
Sadar Adalats.
Even after ten years also judges were not in a
position to finalize cases and the accused were
stayed in jails waiting for trials.
• Prisons were extremely overcrowded and
conditions in them were so insanitary that
many under-tails would die.
• Too much power was lodged in the Mufussil
Fozdari Adalats and there was not adequate
control or supervision over them
The main basic defects of the Muslim
administration of criminal justice was
absence of any connection between the
severity of crime and punishment.
This type of punishments were against the
principles of criminal justice.
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Cornwallis prepared a questionnaire and sent
to all the Magistrates in the Mofussil
area.
Muffassil Fouzdari Adalat were abolished in
district level administration.

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 Salient features of the plan
Mufussil Fouzdari Adalat were abolished in
district level administration
Court of district Magistrate
The collector in every district was
authorized to act as Magistrate to arrest,
murderers, robbers, thieves, disturber
of peace.
In petty cases he could him self impose
punishment or imprisonment not exceeding
15 days and he could release the accused
on bail.
• It was not stationary court and its was a moving
court.
• Entire presidency divided into 4 divisions and
each division a circuit courts was established.
( Patna, Calcutta, Murshidabad and Dacca)
• It visited every district twice in a year to try
the person who had been apprehended and
charge-sheet by the Magistrate in his area.
• The court was assisted by Muslim law officers
such as Kazi and Mufti and all the judges were
in this court was English men.
 Sadr Nizamat Adalat

The seat of this Court shifted from

Murshidabad to Calcutta.
The Court was constituted by the Governor-
General and Council as judges.
They were also to be assisted by Muslim law
officers.
The Adalat was require to conduct its
business at least once in a weak
 Plan of 1790
Criminal
Sadar Nizamat Adalat

Court of Circuit
Calcutta Murshidabad Dacca Patna
5 6 6 6

Court of District Magistrate (23)

 Patna

• 1
• 2 6
• 3 5
• 4
•

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Charter Act of 1793

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• The East India Company Act 1793, also
known as the Charter Act of 1793.

• The Company's trade monopoly was

continued for a further 20 years.

• The Act provided that the payment of

salaries of the members of the Board
of control paid from Indian Revenue.
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• The Governor-General was granted extensive
powers over the subordinate presidencies.
• The Governor-General's power of over-ruling
his council was confirmed.
• Senior officials were prohibited from leaving
India without permission.
• Royal approval was mandated for the
appointment of the Governor-General, the
governors, and the Commander-in-Chief.
• The courts were given the powers to make
regulations and interpret the rules.
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In May 1793, the Cornwallis code emerged as a legal
code, representing a compilation of forty eight
regulations.
In Bengal, the code provided for the Governor-in
Council to form both the Sadar Diwani Adalat (civil)
and Sadar Nizamat Adalat (Criminal).
The Cornwallis code further established four
Provincial Courts of Appeal located in Calcutta,
Murshidabad, Dacca and Patna.
These courts handled cases on appeal from the
District Courts of Bengal to prevent overloading
the Sadar Diwani Adalat in Calcutta.

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• They consisted of three English judges which
were later raised to 4.

• Cornwallis code of 1793 removed the judicial

duties formerly held by the collector and passed
them to the Diwani Adalat established in each
district it included guidelines for the
appropriate for Hindu or Mohammedan laws.

• In order to reduce the case loads at the district

level, commissions consisting of Indian officials
were developed to hear cases not exceeding 50
rupees in value.
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• The Cornwallis code provided for the
appointment of vakils or Indian pleaders to serve
in the courts of civil judicature in Bengal, Bihar
and Orissa.
• In 1793 the position of the law officer
developed within the judicial system, in Bengal
and then later in the other presidencies.
• In 1795, Lord Cornwallis revived a system of
fees or stamp duties on cases to discourage the
introduction of frivolous cases in Bengal. The fee
structure was further enhanced in 1797.

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1793

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 Civil
Sadar Diwani Adalat

Provincial Court of Appeal

District Diwani Adalats

Registrar Courts

Munsif’s Court
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 Criminal

Sadar Nizamat Adalat

Provincial Court of Appeal

District Diwani Adalats

Registrar Courts

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