WARREN HASTINGS

PLAN OF 1772 AND 1774 AND

REORGANIZATION IN 1780
WARREN HASTINGS
JUDICIAL PLAN OF 1772

ADMINISTRATION OF JUSTICE
Hindus
Muslims

CIVIL JUSTICE CRIMINAL JUSTICE

Administrative units

Province
Districts
Towns
Villages
CIVIL JUSTICE
SAD
AR
DIW
ANI
ADA
LAT
MOFUSSIL DIWANI
ADALAT

SMALL CAUSE COURT

CRIMINAL JUSTICE

SADAR NIZAMAT
ADALAT

MOFUSSIL
FAUJDARI
ADALAT
MERITS :
 PERSONAL LAWS OF HINDUS AND MUSLIMS
WERE SAFEGUARDED.
 DISTRICT WAS SELECTED AS UNIT OF

ADMINISTRATION.
 JURISDICTION OF DIWANI AND FAUJDARI

ADALAT CLEARLY DEFINED.

 NATIVE LAW OFFICERS WERE ALSO

APPOINTED.
DEMERITS :
 APPLICATION OF PERSONAL LAW WAS NOT
COMPLETE.
 PERSONAL LAWS ALLOWED ONLY TO HINDUS AND
MUSLIMS, BUT NOT OTHER COMMUNITIES.
 JUDGES WERE ENGLISHMEN, NO KNOWLEDGE OF
PERSONAL LAWS.
 COLLECTOR WAS CONFERRED ON EXCESSIVE
POWERS.
 NO SEPARATION BETWEEN THE REVENUE
COLLECTION AND ADMINISTRATION OF CIVIL
JUSTICE.
PLAN OF 1774
 CIVIL JUSTICE:
 THE WHOLE TERRITORIES OF BENGAL, BIHAR

AND ORISSA WERE DIVIDED INTO SIX

DIVISIONS WITH THE HEADQUARTERS AT
CALCUTTA, BURDWAN, MURSHIDABAD,
DINAJPUR, DACCA AND PATNA.
 EACH DIVISION CONSISTED OF SEVERAL

DISTRICTS.
 IN EACH DIVISION PROVINCIAL COUNCIL WAS

ESTABLISHED.
 IN THE PLACE OF COLLECTOR, AN INDIAN
OFFICER DIWAN OR AMIL WAS APPOINTED.
 DIWAN WAS TO COLLECT REVENUE UNDER

THE SUPERVISION OF PROVINCIAL COUNCIL.

 CRIMINAL JUSTICE:
 SADAR NIZAMAT ADALAT WAS SHIFTED FROM

CALCUTTA TO MURSHIDABAD.
MERITS :
 THE ENGLISH COLLECTOR WAS REPLACED BY
AN INDIAN OFFICER, CALLED DIWAN.
 ON ACCOUNT OF ESTABLISHMENT OF

PROVINCIAL COUNCILS, THE BURDEN ON THE

SADAR DIWANI ADALAT WAS LESSENED.
 REDUCED THE HARDSHIPS OF LITIGANTS.
 UNDER THE PLAN ALL CASES DECIDED BY

MOFUSSIL DIWANI WERE APPEALABLE TO

PROVINCIAL COUNCIL.
DEMERITS:
 THE PROVINCIAL COUNCIL WERE CONFERRED
ON EXCESSIVE POWERS.
 THE SEPARATION BETWEEN THE CIVIL JUSTICE

AND REVENUE COLLECTION COULD NOT BE

MAINTAINED. DIWANS AND PROVINCIAL
COUNCILS BOTH WERE RESPONSIBLE NOT
ONLY FOR THE COLLECTION OF REVENUE BUT
ALSO THE ADMINISTRATION OF CIVIL JUSTICE.
REORGANIZATION IN 1780:
 THE PROVINCIAL COUNCILS ESTABLISHED
UNDER THE PLAN OF 1774 WERE DIVESTED OF
THEIR JUDICIAL POWERS AND FUNCTIONS AND
THEY WERE ONLY TO COLLECT REVENUE AND
DECIDE REVENUE CASES.
 THE PROVINCIAL COUNCIL TO DECIDE CIVIL
CASES WAS CONFERRED ON A NEW COURT
ESTABLISHED IN EACH DIVISION KNOWN AS THE
PROVINCIAL COURT OF DIWANI ADALAT WHICH
WAS PRESIDED OVER BY AN ENGLISH OFFICER.
 THE SUPERINTENDANT OF DIWANI ADALAT
WAS APPOINTED BY GOVERNOR AND
COUNCIL.
 THIS COURT WAS CONFERRED ON THE POWER

TO DECIDE CIVIL CASES.

 COULD REFER SMALL CASES TO ZAMINDARS.
THE PLAN OF 1781
 SIR ELIZAH IMPEY COMPILED A CIVIL
PROCEDURE CODE.
 NUMBER OF COURTS INCREASED TO

EIGHTEEN.
 NOW INSTEAD OF SUPERINTENDANT HE

WOULD BE CALLED JUDGE.