WARREN HASTINGS – 1780

JUDICIAL SYSTEM OF 1780

PURPOSE – SEPARATION OF REVENUE FROM JUDICIARY

SADAR DIWANI ADALAT (Case value above Rs. 1000)

Judicial Function Revenue Function

Provincial Court of Diwani Adalat (1000) Provincial Council

1. Handled Judicial Civil Cases (no revenue work) To collect revenue

2. Established at each HQ of the six divisions Decide revenue cases

3. Judge was to be appointed by the

Governor-General in Council

4. Used to sit twice a week

 Judicial Reforms of Cornwallis 1787, 1790, 1793
https://www.britannica.com/biography/Charles-Cornwallis-1st-
Marquess-and-2nd-Earl-Cornwallis
BACKGROUND
During the tenure of Governor-General Cornwallis (1786-93, 1805) he made several far-reaching reforms in the
judicial administration, some of which constitute the foundation of our present legal system. His most noted work

was in the field of criminal judicature. The reforms were made in 3 stages – 1787, 1790 & 1793.

The judicial plans of Warren Hastings of 1780 continued until the need for change arose on the arrival of Lord
Cornwallis. The Company was dissatisfied with the existing system which separated the revenue and the judicial
functions. This separation of functions turned out to be an expensive affair for the Company that was reeling under
debt. On 12 April 1786, the Court of Directors instructed Cornwallis to bring judicial, revenue and magisterial
functions under one authority. As an obedient servant of the Company, Lord Cornwallis introduced a scheme in
1787 to fulfill the wishes of the Directors.
 Judicial Reforms of Cornwallis 1787
Judicial Plan of 1787

Revenue matters Administration of Justice

Collector

1. To reorganize the revenue administration Cornwallis decreased the number of districts from 36 to 23 in Bengal,
Bihar and Orissa.
2. In each district the cases were settled by the English collector
3. The collector was given a special court called “Mal Adalat” or “Revenue Court”
4. Besides revenue cases the Collector used to handle the civil cases as he was the judge of the Mufassil Diwani
Adalat. For assistance, a Registrar was appointed as subordinate to the Collector and decide disputes from Rs
200-2000.
5. The Collector was also given some magisterial powers. As a Magistrate of the district he had the powers to
arrest criminals, hear evidence against them etc.
 Judicial Reforms of Cornwallis 1787
Judicial Plan of 1787

Revenue matters Administration of Justice

Collector

APPEALS
1. Revenue cases Mal Adalat Board of Revenue at Calcutta Governor-General-in-Council
2. Civil cases Mufassil Diwani Adalat (1000) Sadar Diwani Adalat (Rs. 5000) King-in-Council

Evaluation
The judicial plan of 1787 was a retrograde step in the administration of justice. There was over centralization of
powers to a single person/collector. He was vested with civil, revenue and magisterial powers.
 Judicial Reforms of Cornwallis 1790
1. Reorganization of districts into divisions
The districts were divided into four divisions – Murshidabad, Calcutta, Dacca, and Patna.
2. Moffusil Faujdari/Nizamat Courts were abolished
Mofussil Faujdari Courts were the district level criminal courts. They were abolished and replaced with Court of
Circuits.
3. Establishment of Court of Circuits
A court of Circuit was established at each of the four divisions. It was presided by 2 servants of the Company and
they were assisted by Muslim law officers – Qazi and Muftis. It was not a stationary court. Instead it was a moving
court which moved from district to district in their respective division to try criminal cases. They visited each district
of their division twice annually.  
4. Increase in Salaries
The salaries of all Judges of all courts were fixed and increased to control corruption that was prevalent in the
current system of justice.
5. Collector to make a report of the working of courts
Collector was supposed to submit a report of the working of courts that he was in charge of i.e. the Magistrate,
Mal Adalat and Mofussil Diwani Adalat; and send it to the British Parliament of England bi-annually or annually.
 Judicial Reforms of Cornwallis 1790
6. The Post of Nawab was abolished
The post of Nawab, who used to preside over Sadar Nizamat Adalat was abolished as he did not carry out criminal
justice properly and it was now presided by the Governor General-in-council instead.
7. Court Fees
Court fees was introduced to reduce the burden on courts. Court fees was only charged for pleaders of the court
and for calling the witnesses of the case.
8. Questionnaire sent to the Magistrates
A questionnaire was sent to the magistrates asking for their opinions on the prevailing criminal judicial system.
 Judicial Reforms of Cornwallis 1790
DEFECTS OF THE JUDICIAL PLAN OF 1790

The magistrates’ opinions in the questionnaire sent to them revealed the evils of the criminal
justice system. This made Cornwallis realize that certain vital changes were required in the
system of criminal justice.
1. Two important sources of these evils were-(i) defects in the constitution of the criminal
courts (ii) the gross defects in the Muslim law of Crimes.
2. Cornwallis resolved to abolish the authority of Nawab over the criminal judicature and to
transfer the administration of criminal justice from Muslim Law officers to the Company’s
legal servants.
3. Court of Circuits were moving courts which were overburdened with cases, which caused
them delay in moving from one district to another and could not visit some districts twice
annually due to the delay.
4. There was a lot of collective power of administration and judiciary vested with the collector
which made him abuse his power.
 Judicial Reforms of Cornwallis 1793- M.P SINGH pp. 57-63
1. Separation of Executive and the Judiciary
The powers vested in the collector were administrative and judicial as he was also in charge of collection of
revenue and for deciding cases arising out of revenue matter. Now, the collector was only responsible for the
collection of revenue.
2.Mal Adalats were abolished
Revenue courts which exclusively tried cases arising out of revenue matters and presided by the Collector as Judge,
was now abolished.
All powers and pending suits of the Revenue courts were now transferred to Mofussil Diwani Adalats and thus not
tried by the Collector.
3. Executive subjected to judicial control
The Governor-General and his council were now subject to judicial control. Any wrong acts committed by them
while carrying out their functions and outside of it could be heard or tried and punished by the Diwani Adalats. Suits
against the Government by private individuals could be brought forward and were tried by the Diwani Courts.
4. Indian natives had to sign a bond with the British Subjects agreeing to go to court
British could recover claims from Indian natives and vice versa by signing a bond with each other agreeing to go to
the court.
 Judicial Reforms of Cornwallis 1793
5.Establishment of Provincial Courts of Appeal at the four divisions

Earlier the appeal from the Mofussil Diwani Adalats went to the Sadar Diwani Adalat situated at Calcutta. But this
process for time consuming and expensive so provincial courts of appeal were established at each division i.e.
Patna, Calcutta Murshidabad and Dacca. Cases valued more than Rs. 5000 were referred to the King-in-council.

6. Native Officers given important posts

Native officers were appointed by the Governor General-in-council. Native officers were made Munsiffs of the
Munsiff courts at district level. This court could try cases up to Rs.50. Zamindars, Tehsildars, etc appointed as
Munsiffs.

Personal Laws of Hindus and Muslims were applicable in cases relating to marriage, inheritance, caste, religious
usages and institutions. These personal laws were interpreted by the native officers who were appointed to assist
the court to expound the personal law.
 Judicial Reforms of Cornwallis 1793
7.Sadar Diwani Adalat

It was the highest court of appeal and presided over by the Governor-General and the Council who were the Judges of the
Sadar Diwani Adalat. Their function was to supervise the lower courts and to hear appeals from the provincial courts of
appeal when the sum of the matter of the case was more than Rs.1000.

Further an appeal from the Sadar Diwani Adalat lay to the King-in-council, when the sum of the matter of the case was more
than Rs.5000.

8. Reforms in criminal judicature

The court of circuit was merged with the provincial court of appeal. The power of the collector as a magistrate was taken
away and was vested in the judges of the Diwani Adalats instead.

9. Uniform pattern of Regulations

Until now, any new regulation that was issued did not follow an uniform pattern. This was changed by making it a rule that
any new regulation that would be made would have a title to explain the nature of the subject matter and contain a preamble
which would state the purpose for enacting the regulation.
 Judicial Reforms of Cornwallis 1793

10.Reforms in Muslim Personal Law

The Sadar Nizamat Adalat was directed to follow the Muslim personal law to try and punish criminal cases, but
with some modifications. The relatives of murder victims did not have a provision to pardon the murderer. The
cruel and inhuman punishments such as cutting off limbs of the offender were replaced with punishment of
imprisonment and hard labor for 14 years.

11.Court Fees abolished

Court fees which was imposed in the judicial plan of 1787 was abolished. The court fee was abolished so that the
people could easily reach to the court for securing justice.

12.Legal Profession recognized for the first time in India

The legal profession was recognized in India for the first time. The pleaders of the case had to have prior legal
knowledge to be eligible to be a pleader of the court.
 Judicial Reforms of Cornwallis 1793
DEFECTS OF THE JUDICIAL PLAN OF 1793

1. The provisions of multiple levels of appeals made the judicial machinery complicated and slow
moving. Thus, large number of cases remained pending in the courts for long period.

2. The Indians were totally excluded from the judiciary except at very low level of munsiff.
Cornwallis was of a belief that the Indians were unworthy of holding any position of
responsibility because of their character. This distrust shown towards the Indians generated
the dissatisfaction among the native people as well as made the system less efficient as the
English servants did not know and understand the customs, usages, etc. of the people;
therefore Europeans could not understand nor provide solutions the problems of the natives.  

3. Cornwallis did everything on procedural side but he could not reform the substantive part of
law mainly the criminal law which was based on Muslim law and had many defects.
 Judicial Reforms of Cornwallis – Evaluation

Though Cornwallis was a just administrator, he was seen as a racist as he

reserved all the high posts of judicature for the Europeans. Even though
Cornwallis almost perfected the administration of civil judicature, the
problem of criminal law was still prevalent as the criminal law was based on
Muslim personal law which already had prevalent defects in it.
 Judicial Reforms of William Bentinck (1828-1835)

 FIRST GOVERNOR-GENERAL OF INDIA

 KNOWN FOR HIS LIBERAL IDEAS AND REFORMS IN INDIAN

ADMINISTRATION & SOCIETY

 OPENED UP JUDICIAL POSTS TO INDIANS

 Abolition of Sati (1829)

 Judicial Reforms of William Bentinck (1828-1835)
1. Provincial Courts of Appeal and Circuit Courts were abolished since the judges were not doing a good job.
Their acquaintance with the people of the country and their culture was not well-established.

2. Establishment of Sadar Adalat at Allahabad by the Regulation Act of 1831 – since there was only one Sadar
Adalat in Calcutta and people had to undertake long journeys from other parts of the country to seek justice
from the court or sometimes they preferred suffering injustice. The constitution and powers of the Adalat were
same as that of Calcutta. The territorial jurisdiction of the Adalat extended to Banaras, Meerut, Muzzafar garh
and Bulandsahar.

3. Division of Bengal Presidency in to 20 Divisions and Appointment of the Commissioner as the Head of each
Division – Bengal was divided into 20 divisions and each division was placed under a separate commissioner.
For revenue cases they worked under Board of Revenue in Calcutta and for criminal cases they worked under
Sadar Nizamat Adalat respectively.
 Judicial Reforms of William Bentinck (1828-1835)

4. Appointment and Authority to Indian judges – by another regulation in 1831 Indians were appointed as Munsifs

in Zilla or city courts. Indian judges could try cases up to Rs 300. They got regular fixed salaries. Respectable Indians

were also appointed as Sadar Amins (highest Indian judicial authority) to hear appeals from Zilla courts. However,

Indian judges could not try cases that involved the British or the Europeans. In 1832, an Indian jury was introduced

to help the European judges for disposal of cases.

5. Abolition of Persian and use of vernacular languages – this change was a great boon to Indian litigants who

could express their grievances in their own language.

6. During Bentinck’s tenure a law commission was setup by Lord Macaulay who codified Indian laws for civil and

criminal procedures.
 INDIAN HIGH COURTS ACT OF 1861
https://www.lawcolumn.in/indian-high-courts-act-1861-salient-features/

BACKGROUND
Prior to the Indian High Court Act of 1861 there existed dual form of courts in India
1) Supreme Court (Crown’s Court) 2) Company’s Court (Adalats – Diwani & Nizamat)
Crown’s court Company’s Court
There were legal experts and professional lawyers Judges who barely had any legal expertise, mostly company
servants
Judges were appointed and removed by the Crown Judges were appointed and removed by the Company

There was no hierarchy of courts Hierarchy of courts

It has both original and appellate court Only appellate jurisdiction

Applied only English laws for civil and criminal cases Applied both English and native laws
 INDIAN HIGH COURTS ACT OF 1861-
 The uncertainty about the jurisdiction of the two courts often led to conflicts and confusion. HENCE there was
a dire need to merge the two courts into one judicial system. The Act of 1861 was also known as “an Act for
establishing High Courts of Judicature in India”.
 On 1 July 1862, the first HIGH COURT was established in Calcutta and abolished the Supreme court and Sadar
adalats. Their jurisdiction and power was transferred to the newly established HIGH COURT.
COMPOSITION OF THE HIGH COURT
- ONE CHIEF JUSTICE AND 15 PUISNE/SMALL JUDGES
QUALIFCATION OF THE JUDGES
- 1/3rd were to be Barristers not less than 5 years standing/experience
- 1/3rd were to be members of Company’s civil services of minimum 10 years standing who had served the Zila/city
court for at least 3 years
- A person having held judicial office not inferior to that of Principal Amin or judge of a Small cause court for at
least 5 years
- A person who had been a pleader of a Sadar Court or a High Court for at least 10 years
- Chief Justice of Supreme court was supposed to be the chief justice of High Court
 INDIAN HIGH COURTS ACT OF 1861
POWER & AUTHORITY OF HIGH COURT
- The HC was supposedly a court of RECORDS
- It had original and appellate jurisdiction over civil, criminal, admiralty, revenue, writ, testamentary, intestate and
matrimonial cases
- HC was supposed to be the court of revision and reference
- Empowered to admit and enroll advocates and vakils
JURISDICTION AREAS
- All residents of Calcutta
- British and European residents beyond the limits of the Presidency of Calcutta
- People residing under the jurisdiction of courts which were subordinate to the HIGH COURT
APPEALS
- FOR CRIMINAL CASES – FINAL DECISION – NO FURTHER APPEALS
- FOR CIVIL CASES – APPEALS TO PRIVY COUNCIL (only exceeding Rs 10000/-)
 INDIAN HIGH COURTS ACT OF 1861
PROCEDURE OF HIGH COURT
- The Act of 1861 authorized the HIGH COURT to make rules and orders for regulating all proceedings in all cases
- Included the Code of Civil Procedure of 1859 which is not effective anymore 1973
 PRIVY COUNCIL

 Under the concept of the sovereign as the fountain of justice any subject could petition to the
King in England, who dispensed justice, with the assistance of the Council. This was called the
King-in-Council or the Privy Council although the King was not personally present in that Council.

 It was an advisory body that was the highest court of appeal. When it heard appeals from the
courts of overseas territories like India it was called the PRIVY COUNCIL. The work of this council
is commendable especially in establishing the highest judicial standards. It is unique in the Indian
legal history. Appeals from India to the PRIVY COUNCIL were abolished in 1949 by the
Constituent Assembly when the present Supreme Court of India was established. Pending cases
were transferred to the Federal Court. The Federal Court continued up to 26 Jan 1950 and
abolished when the Supreme Court was established.
 PRIVY COUNCIL
 As a judicial institution, it was unique and almost without a parallel in history.
 The judges were pre-eminently qualified, had professional eminence and legal learning to
meet the onerous duties on the Bench.
 Their rare insight into the peculiar issues involved in the cases, their appreciation of personal
laws like Hindu Law and Muslim Law & their mastery of law could be the reasons for its
success.
 Its association with India for 175 years gave to Indian law, uniformity and definiteness. It was a
unifying force in the judicial realm of India.