RESEARCH PROJECT OF HISTORY

ON THE TOPIC
JUDICIAL PLAN OF WARREN HASTINGS
PRESENTED BY ---AASHANA MADHUP
B.A.LLB,

FIRST YEAR

ROLL NO.-1102
SUBJECT TEACHER Dr.PRIYA DARSHINI

1 | Page

RESEARCH METHODOLOGY
The researcher has used Doctrinal Method. The researcher has referred various books ,articles
various law journals regarding the Judicial plan of Warren Hastings.

AIMS AND OBJECTIVES

The aims and objectives of researcher is to study about, the judicial plan of Warren Hastings.

RESEARCH QUESTION
1. What was the changes done by warren hastings in his judicial plan?

CHAPTERISATION
1. INTRODUCTION
2. Warren Hastings
3. Judicial plan of Warren Hasting
i.

Administration of justices in various stages

ii.

Adalat system : It development and impact

4. Role of Eliza Impey

5. Conclusion
Refrences
Bibliography

2 | Page

INTRODUCTION

The English East India Company was established on 31 December 1600 as per the Royal
Charter issued by the Queen of England, Elizabeth I. The Company had sent Captain
Hawkins to the court of the Mughal Emperor, Jahangir in 1608 to secure permission to
establish a factory at Surat. It was turned down initially. However, in 1613, Jahangir issued
the firman permitting the East India Company to establish its first trading post at Surat.
Subsequently, Sir Thomas Roe obtained more trading rights and privileges for the East India
Company. Accordingly, the English set up business centres at Agra, Ahmedabad and Broach.
Slowly the English East India Company succeeded in expanding its area of trade1.
In 1639, Francis Day established the city of Madras and constructed the Fort St. George. On
the west coast, the Company obtained Bombay on lease from their King, Charles II for a rent
of 10 pounds per annum in 1668. By the year 1690, Job Charnock, the agent of the East India
Company purchased three villages namely, Sutanuti, Govindpur and Kalikatta, which, in
course of time, grew into the city of Calcutta. It was fortified by Job Charnock, who named it
Fort William after the English King, William III. The factories and trading centres which the
English established all along the sea-coast of India were grouped under three presidencies
namely Bombay, Madras and Calcutta. After the Battle of Plassey in 1757 and the Battle of
Buxar in 1764, the Company became a political power 2. India was under the East India
Companys rule till 1858 when it came under the direct administration of the British Crown.
Robert Clive was the first Governor of Fort William under the Companys rule. He was
succeeded by Verelst and Cartier. In 1772, the Company appointed Warren Hastings as the
Governor of Fort William. When Warren Hastings assumed the administration of Bengal in
1. N.V. Paranjape, Indian Legal & Constitutional History, Central Law Agency
2 Prof. J.K. Mittal, Indian Legal & Constitutional History
3 | Page

1772, he found it in utter chaos. The financial position of the Company became worse and the
difficulties were intensified by famine. Therefore, Warren Hastings realized the immediate
need for introducing reforms. The East India Company decided to act as Diwan and to
undertake the collection of revenue by its own agents. Hence, the Dual System introduced by
Robert Clive was abolished. As a measure to improve the finances of the Company, Warren
Hastings reduced the Nawabs allowance of 32 lakhs of rupees to half that amount. He also
stopped the annual payment of 26 lakhs given to the Mughal Emperor.
After the abolition of the Dual System, the responsibility of collecting the revenue fell on the
shoulders of the Company. For that purpose, a Board of Revenue was established at Calcutta
to supervise the collection of revenue. English Collectors were appointed in each district. The
treasury was removed from Murshidabad to Calcutta and an Accountant General was
appointed. Calcutta thus became the capital of Bengal in 1772 and shortly after of British
India3.
The Board of Revenue farmed out the lands by auction for a period of five years instead of
one year in order to find out their real value. The zamindars were given priority in the
auction. However, certain good measures were taken to safeguard the interests of the
peasants. Arbitrary cesses and unreasonable fines were abolished. Besides, restrictions were
imposed on the enhancement of rent. Yet, the system was a failure. Many zamindars defaulted
and the arrears of revenue accumulated. The judicial system at the time of Warren Hastings
ascendancy was a store-house of abuses. The Nawab who was hitherto the chief administrator
of justice, misused his powers. Often, his judgments were careless. The zamindars who acted
as judges at lower levels within their own areas were highly corrupt and prejudiced. On the
whole, the judicial institution suffered from extreme corruption. Warren Hastings felt the
necessity of reorganising the judicial system. Each district was provided with a civil court
under the Collector and a criminal court under an Indian Judge. To hear appeals from the
district courts two appellate courts, one for civil cases and another for criminal cases, were
established at Calcutta. The highest civil court of appeal was called Sadar Diwani Adalat,
which was to be presided over by the Governor and two judges recruited from among the
members

of

his

council.

3 http://www.legalservicesindia.com/
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Similarly,

the

highest

appellate

criminal court was known as Sadar Nizamat Adalat which was to function under an Indian
judge appointed by the Governor-in-Council4.
Experts in Hindu and Muslim laws were provided to assist the judges. A digest of Hindu law
was prepared in Sanskrit by learned Pandits and it was translated into Persian. An English
translation of it Code of Hindu Laws was prepared by Halhed. The Regulating Act of 1773
opened a new chapter in the constitutional history of the Company. Previously, the Home
government in England consisted of the Court of Directors and the Court of Proprietors. The
Court of Directors were elected annually and practically managed the affairs of the Company.
In India, each of the three presidencies was independent and responsible only to the Home
Government. The government of the presidency was conducted by a Governor and a Council.
The following conditions invited the Parliamentary intervention in the Companys affairs.
The English East India Company became a territorial power when it acquired a wide
dominion in India and also the Diwani rights. Its early administration was not only corrupt
but notorious. When the Company was in financial trouble, its servants were affluent. The
disastrous famine which broke out in Bengal in 1770 affected the agriculturists. As a result,
the revenue collection was poor. In short, the Company was on the brink of bankruptcy. In
1773, the Company approached the British government for an immediate loan. It was under
these circumstances that the Parliament of England resolved to regulate the affairs of the
Company. Rohilkand was a small kingdom situated in between Oudh and the Marathas. Its
ruler was Hafiz Rahmat Khan. He concluded a defensive treaty in 1772 with the Nawab of
Oudh fearing an attack by the Marathas. But no such attack took place. But, the Nawab
demanded money. When Rahmat Khan evaded, the Nawab with the help of the British
invaded Rohilkand. Warren Hastings, who sent the British troops against Rohilkand was
severely crticised for his policy on Rohilla affair.
The Regulating Act proved to be an unsatisfactory document as it failed in its objective. In
January 1784, Pitt the Younger (who became Prime Minister of England after the General
Elections) introduced the India Bill in the British Parliament. Despite bitter debate in both the
Houses, the bill was passed after seven months and it received royal assent in August 1784.
This was the famous Pitts India Act of 1784. He was a gifted personality endowed with
strong will, great energy and resourcefulness. His long stay in Bengal in the shadow of the
Mughal cultural tradition gave him, enough opportunity to learn oriental languages such as
4 Ibid2
5 | Page

Bengali (the local language) and Persian (the diplomatic language) and to develop oriental
tastes. Since he considered Indian culture as a basis for sound Indian administration, he
patronised the learning of Indian languages and arts. His task was a challenging one since he
was surrounded by hostile forces. He faced his external enemies with unflinching courage
and unfailing resource, and his internal opponents with extraordinary patience and firmness.
It was on the foundation which Warren Hastings laid down, that others erected a stately
edifice5.

WARREN HASTINGS

Warren Hastings (December 6, 1732 August 22, 1818) was the first governor-general of
British India, from 1773 to 1785. He was famously impeached in 1787 for corruption, and
acquitted in 1795. He was made a Privy Councillor in 1814.
Hastings was born at Churchill, Oxfordshire. He attended Westminster School before joining
the British East India Company in 1750 as a clerk. In 1757 he was made the British Resident
(administrative in charge) of Murshidabad. He was appointed to the Calcutta council in 1761,
but was back in England in 1764. He returned to India in 1769 as a member of the Madras
council and was made governor of Bengal in 1772. In 1773, he was appointed the first
Governor-General of India.
In late 1752 or early 1753 George Austens sister, Philadelphia Austen was taken from her
post, apprenticing to a Milliner, and sent off to India to find a husband. Both George and
Philadelphia had been orphaned early in life and educated at the expense of an Uncle.
Already in her twenties and without prospects in England, this trip was her last chance to
marry. Six months after her arrival she married an elderly surgeon, Tysoe Hancock, who was
a friend to Warren Hastings. Eight years later, a daughter was born to Philadelpia. Was she the
product of a long and loveless marriage or was she, as some gossips of the time claimed,
Warren Hastings natural child? We may never know for certain, but we do know that years
later, Eliza named her only son Hastings and was left a financial legacy in Mr. Hastings will.
5 M.P. Jain, Outlines of Indian Legal History
6 | Page

The Austen family always felt a kinship to Mr. Hastings and Jane Austen sent him a copy of
Pride and Prejudice6.
During Hastings time as governor, a great deal of precedent was established pertaining to the
methods which the British Raj would use in its rule over India. Hastings had a great respect
for the ancient scripture of Hinduism and fatefully set the British position on governance as
one of looking back to the earliest precedents possible.7 This allowed Brahmin advisors to
mold the law, as no Englishman understood Sanskrit until Sir William Jones; it also
accentuated the caste system and other religious frameworks which had, at least in recent
centuries, been somewhat incompletely applied. Thus, British influence on the ever-changing
social structure of India can in large part be characterized as, for better or for worse, a
solidification of the privileges of the caste system through the influence of the exclusively
high-caste scholars by whom the British were advised in the formation of their laws. These
laws also accepted the binary division of the people of Bengal and, by extension, India in
general as either Muslim or Hindu (to be governed by their own laws).
In 1781 Hastings founded Madrasa Aliya, meaning the higher madrasa, in Calcutta showing
his relations with the Muslim population. In addition, in 1784 Hastings supported the
foundation of the Bengal Asiatik Society by the Orientalist Scholar William Jones, which
became a storehouse for information and data pertaining to India. As Hastings had few
Englishmen to carry out administrative work, and still fewer with the ability to converse in
local tongues, he was forced to farm out revenue collection to locals with no ideological
friendship for Company rule. Moreover, he was ideologically committed at the beginning of
his rule to the administation being carried out by natives. He believed that European
revenue collectors would open the door to every kind of rapine and extortion as there was
a fierceness in the European manners, especially among the lower sort, which is
incompatible with the gentle temper of the Bengalee. British desire to assert themselves as
the sole sovereign led to conflicts within this dual government of Britons and Indians.
Moreover, the unsustainable levels of revenue extraction and exportation of Bengali silver
back to Britain led to the famine of 1769-70, in which it is estimated that a third of the
population died, led to the British characterising the collectors as tyrants and blaming them
for the ruin of the province.
6 Ibid3
7 N.V. Paranjape, Indian Legal & Constitutional History
7 | Page

Some Englishmen continued to be seduced by the opportunities to acquire massive wealth in

India and as a result became involved in corruption and bribery, and Hastings could do little
or nothing to stop it. Indeed, it was argued, unsuccessfully, at his subsequent impeachment
trial, that he participated in the widespread exploitation of these newly conquered lands 8.
Hastings resigned in 1784 and returned to England. He was charged with high crimes and
misdemeanours by Edmund Burke, and Sir Philip Francis whom he had wounded in a duel
in India. He was impeached in 1787 but the trial, which began in 1788, ended with his
acquittal in 1795. Hastings spent most of his fortune on his defence, although the East India
Company did contribute towards the end of the trial.
In reality, these Indian rulers and numerous others were compelled to part with their financial
resources, on pain of being at the receiving end of British fire-power. These acts of extortion,
as well as other charges pertaining to Hastings' conduct of Indian affairs, became the basis of
Hastings' impeachment in Parliament after he had resigned his position in India in 1784 and
returned to Britain. His prosecution was launched with great vigor by Edmund Burke and a
team of "managers" and lasted for nearly ten years; though Hastings was vindicated, he was
financially ruined. Warren Hastings occupies, in other respects as well, an unusual place in
the annals of British India. He was a patron of Indian learning and evinced a keen interest in
Indian literature and philosophy. It was, for instance, with his encouragement that Charles
Wilkins rendered the Bhagavad Gita into English, and his preface to that translation suggests
that he was a man of some discernment and sophistication.

8http://www.scribd.com/doc/136267918/WARREN-HASTING-1772-1774

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JUDICIAL PLAN OF WARREN HASTINGS

Prior to the establishment of a proper system regarding the administration of justice in India,
there was an extremely decadent system in place whose very existence itself was a grave
injustice. People could neither access judicial institutions easily, nor could they depend on
these to give them a fair and equitable judgement. In addition to that, there was not much
proportionality between the offence committed and punishment awarded. Furthermore,
corruption was rampant, and the local law officers (Kazis, Muftis and the Maulavis) were
very prone to deciding cases in favour of people who could pay for the judgements to go in
their favour (which entirely defeated the function of a courts existence, violating the
principle of natural justice and sending a highly incorrect message to the public). The Mughal
Empire, when it was at the height of its power, had employed two officers in order to conduct
administration in the provinces also known as Subhahs, namely the Nawaband the Diwan.
The Nawab handled matters of military and criminal justice and law order; whilst the Diwan.
Handled mattes with regard to revenue collection and administration of civil justice and
revenue cases or disputes9.
But even they were extremely inefficient in carrying out their judicial responsibilities. One
can fairly deduce from their modus operandi that they were highly disinterested in the
performance of these functions (their lack of efficiency can also be attributed to, too many
functions in their hands leading to a scenario where they over worked). Each would delegate
9 S.D. Sharma, Administration of Justice in Ancient India
9 | Page

their responsibility to their assistants (Daroga-adalat-al-alia as the assistant for the Nawab,
and the Daroga-i-adalat, for the Diwan). But they were again very corrupt due to acceptance
of bribes and money in order to adjudicate matters. Once the East India Company attained
the right of Diwani (which gave them the powers of the Diwan-to adjudicate civil and
revenue matters and collect revenue, keeping any surplus after collection for themselves) for
an annual sum of Rs. 26 Lakhs, they brought in Lord Hastings (after the EEIC completely
failed in carrying out its duties under Diwani) to turn things around. They needed him to
create a uniform system, a system that would be people friendly and serve justice according
to the natural principles of justice. Furthermore they needed a system, which was simple, and
efficient in order to serve the following two purposes:

Collection of revenue for the EEIC

Creating a uniform and easily understandable system of justice that was people
friendly and that aided not just the British nationals, but also the natives living within
their territories.

This was the job entrusted to Warren Hastings, when he was the Governor of Calcutta. He
was asked by the Court of Directors to employ methods that would reduce the oppression of
the Zamindars and other officials who were over-using their power for all the wrong reasons,
thereby causing undue pain and harm to the local peasants. It must be noted that the British
were extremely prudent in realising the unmistakable link between revenue and civil matters.
Having this thought in mind, helped them ensure that not only their aims in India were
reached but more importantly the interests of the people were neither neglected nor forgotten.
These were the conditions to which Warren Hastings was introduced and given the task of
devising a new legal system, which ultimately came to be known as the Adalat System.
The administration of justice at the time Warren Hasting took over as Governor of Bengal
was in a bad shape. It was almost verging on a total collapse. The dual system of government
proved very defective and unsatisfactory. The courts had become the instruments of power
rather than of justice, useless as means of protection but apt instruments for oppression. On
realizing the fact that the system of double government had failed the company authorized the
then Governor Warren Hastings to adopt such regulations and pursue such measures as shall
at once ensure every possible advantage to the
10 | P a g e

Company.

Warren Hastings hence proceeded to make major changes in the administration of justice.
This paper work views the various reforms made by Warren Hastings during his time in
India. This administration of justice maybe studied in four stages. To start with Warren
Hastings realized the very fact that an impartial and regular administration of justice was
extremely essential for creating conditions for a better collection of land revenue. Thus
changes were made in regard to civil and criminal justice while various other provisions were
also introduced. Moreover one of the major development which took place was that the three
presidenciesBengal, Bombay, and Madras were divided into a number of districts for the
betterment of administration. Lastly, the appointment of Impey helped in fulfilling the need
of reforming the judicial system under the control and supervision of a powerful authority. In
fulfillment of his duties, his work of compiling the Civil Procedure Code was quite
recommendable. It was for the first time that the law was put on solid and certain grounds so
that the people could know as to what the procedure of courts was10.

10 Ibid8
11 | P a g e

ADMINISTRATION OF JUSTICES IN VARIOUS STAGES

Administration

Of

Justice:

First

Stage

The Judicial Plan of 1772 as been formulated by Warren Hasting consisted of 37 regulations
dealing with civil and criminal laws. It was the first Anglo-Indian Code, which worked out on
the basis of experience and common observations. An endeavour was made to adopt it to the
manners and understandings of the people and exigencies of the country, adhering as closely
as possible to their ancient usages and institutions. The idea was to retain, as far as possible,
the native magistracy and codes of law, recorded and oral, to which the people had become
accustomed. The plan aimed at correcting the defects without destroying the traditions of the
local systems. Thus the diwani area of Bengal, Bihar, and Orissa was divided into several
districts, each with an English collector as its head. This district was the main administrative
unit in the plan. The main features of Judicial Plan of 1772 may be explained under
following

the

headings11.

Civil Justice: A Mofussil Diwani Adalat was established in each district to decide civil cases.
The collector was the judge of this court. The court took cognizance of all civil cases
11M.P Singh, Outlines of Indian Legal & Constitutional History,Universal Law Publishing .

12 | P a g e

including property, inheritance, succession, caste, marriage, contracts, accounts etc. In the
suits regarding inheritance, marriage, caste and other religious usages and institutions, the
Hindu law was applicable to the Hindus while the laws of Koran was applied to the
Mohammedans. The collector in matters of Hindus and Muslims was helped by pandits and
kazis respectively who expounded the law. Appeals from these courts were to be heard by the
Sadar Diwani Adalat at Calcutta where the subject matter of the case exceeded Rs. 500. This
court comprised Governor as its President and at least two members of the council aided by
Diwan Treasury and Chief Kanungos.
Criminal Justice: A Mofussil Faujdari (or Nizamat) Adalat was established in each district
for the trial of crimes and misdemeanours. This court was assisted by a Kazi or Mufti and two
Maulvies who expounded the law, while the Collector had a general supervision over the
court. The court had full power to decide and punish all criminal cases though they were not
empowered to award death sentence. In such cases, the courts decision was submitted to
Sadar Nizamat Adalat for confirmation and finally to the Nawab for his sentence.
Sadar Nizamat Adalat, established at Calcutta, was presided by an Indian judge known as
Daroga-i-Adalat who was to be assisted by the chief Kazi, chief Mufti and three Maulvies to
threeAdalat.
Revenue Administration: The whole revenue system was reorganized under the Hastings
plan of 1772. The revenue Boards at Murshidabad and Patna were abolished and a supreme
authority called the Board of Revenue was set up at Calcutta which consisted of the Governor
and all the members of the Council. The Treasury was also shifted to Calcutta. Further, the
district supervisors were appointed as Collectors of revenue and also native Naib Diwans as
heads of the native executive in districts.
Moreover, the Board of Revenue comprising Governor and his Councilors at Calcutta sat
twice a week for issuing necessary orders and instructions to the Collectors of Districts and
inspecting,

auditing,

and

passing

the

revenue

accounts.

The plan of 1772 was in many respects a boon to the people at that time. The change in
judicial system brought back the confidence of the people in the government and the justice.
However, a grave defect in the plan was that the Collector acted as the administrator; the
Judge and the Magistrate in the district i.e. there was over-centralisation of powers in a single
official12.
12 Ibid10
13 | P a g e

Miscellaneous Provisions: A few provisions were made to promote pure and impartial
justice. All cases were to be heard in open court. All adalats were to maintain proper registers
and records. District adalats were to transmit abstracts of their records to Sadar Adalats. This
precaution was necessary so as to discourage judicial officers from misusing their power. To
make justice inexpensive, the old vexatious impositions on administration of justice were
abolished and moderate fees were prescribed for trial of civil cases which was bound to give
relief to people. To supplement the work of the courts, the method of arbitration was also
provided for.

Administration of

justice:

Second

stage

The abolition of the institution of Collector in 1773 on the advice of the Court of Directors of
the Company in England up-set the judicial arrangement of 1772 and a new Plan became an
urgent need of the time. Warren Hastings prepared new Plan on November 23, 1773 which
was implemented in January 1774.The various changes made in regard to revenue, civil
justice, criminal reforms are as
Revenue: Collectors were re-called from the districts and in their place an Indian officer,
called Diwan or Amil, was appointed. He was to act as a judge of the Mofussil Diwani Adalat
and collected the land revenue also. The entire Mofussil area in Bengal, Bihar and Orissa was
divided into six divisions with the Headquarters as Calcutta, Burdwan, Murshidabad,
Dinajpore, Dacca and Patna. Each division had a Provincial Council consisting of a Chief and
four senior servants of the Company. A Committee of Revenue was instituted at Calcutta for
superintending that Division, consisting of two members of the Council and three senior
servants, assisted by a Diwan and others. The Councils and the Committee were to supervise
the collection of revenue in their Divisions. Indian Naib Diwans were appointed in the
districts under each Provincial Council to look after the same work. Complaints against the
Head Farmers, Naib Diwans, Zamindars and other principal officers of the government,
relating to their conduct in the revenue, were to be decided by the Provincial Councils.
14 | P a g e

Aggrieved parties might ultimately go to the Board of Revenue at Calcutta.

Civil Justice: The provisions relating to appeals in civil cases were also considerably
liberalised under the plan of 1774. Now all cases decided by the Mofussil Diwani Adalats
were appealable to the Provincial Council irrespective of the value of the subject matter of
the suit. There was also a provision for second appeal to the Sadar Diwani Adalat in cases
exceeding

the

value of

Rs.

1000/-.

Criminal Reforms: The Officers of the Faujdari Adalats were forbidden to hold farms or
other offices in the Mofussil and were obliged to reside in their districts on pain of forfeiting
their employments. Complaints against them were to be lodged with the Governor-General
who would refer them to the Sadar Nizamat Adalat for inquiry and determination.
Although the new system was an improvement over the earlier one, the change did not give
good results for long. The Council took the place of the Collector in creating the difficulties
and monopolising the trade within its jurisdiction. Warren Hastings detected this defect very
soon but he could not make any change till 1780 when entirely a new modified system was
established13.

Administration of Justice:

Third

Stage

The defects of the system set up in 1774 were seen in the Patna Case which is concerned with
the conflict between the jurisdiction of Supreme Court and function of adalat in mofussil
areas. As it was in practice those days, the Mofussil Adalat as well as the Provincial Council
employed services of Kazis and Maulabis to interpret the Muslim law. The judicial
commission arrived at a decision after taking into account the consultation of the Maulabis
and Kazis. Thus it became a practice to neglect judicial work. In this case, the Maulabis and
Kazis were given the power to take the evidence of the case and arrive to a decision. No
established law was followed while taking the evidence and the Provincial Council passed a
judgement based on the evidence collected by irregular procedure. The Supreme Court held
that the Provincial Council did not delegate its judicial decisions according to the procedures
held by the Supreme Court. Thus an order was passed by the Supreme Court to send the
wrong-doers to jail. The decisions of the Supreme Court were criticized to a large extent.
13http://www.indianetzone.com/39/lord_cornwallis_indian_governor_general.htm
15 | P a g e

Following this, the work in Mofussil Adalat came to a halt because no officers in this adalat
were ready to take up judicial work as they will have to go to jail. The work of revenue
collection also suffered because most of the revenue officers left their jobs. The defect when
came to the knowledge of Warren Hastings, could not continue any longer and he remedied it
by

giving

new

judicial

plan

promulgated

on

11

April

1780.

The basic feature of this plan was the separation of revenue matters from judicial matters.
Henceforth, there were established separate authorities To deal with the collection of land
revenue

and

to

decide

the

disputes

arising

there

from

and

For the purpose of deciding other disputes. Under this system the provincial councils were
left only with the function of collecting the land revenue and deciding revenue disputes and
other

judicial

functions

were

taken

away

from

their

hands 14.

Diwani Adalat
A new court, called the Provincial Court of Diwani Adalat was established at each of the
headquarters of the six divisions. This Adalat was presided over by an English covenanted
servant of the Company who was called the Superintendent of the Diwani Adalat. He was to
be appointed by the Governor-General and Council. This Court was to hold its sittings thrice
a week and decide civil cases pertaining to property, inheritance and contracts. It was also
empowered to hear cases relating to inheritance and succession of Zamindari and Talukedari
which were hitherto within the purview of the Governor and Council. The decision of the
Provincial Court of Diwani Adalat in cases upto the value of Rs.1000/- was final and in cases
exceeding this value, an appeal lay to the Sadar Diwani Adalat at Calcutta which consisted of
the Governor General and Council. The plan of 1780 was certainly a great improvement upon
the plan of l774. Its main merit lay in its effecting the separation of the judicial from the
executive functions. It was a welcome change. The plan, however, suffered from defects
also. The Superintendents of the Diwani Adalats were not selected from the senior servants
of the Company. Some of them were illiterate, ignorant of the Eastern languages and most
extravagant, dissipated young men.
There was a tendency of the new Adalats to come into conflict with the Provincial Councils.
The Governor-General-in-Council had no time to sit at the Sadar Court to hear appeals and
supervise the work of these Courts. Without the support and control of some powerful
14 Dr. N.V. Paranjape, Indian Legal & Constitutional History
16 | P a g e

authority, it was impossible for them even to subsist; there was possibility of their sinking
into contempt or becoming instruments of oppression. There were only six Diwani Adalats.
This number was very small in a vast area of Bengal, Bihar and Orissa. This resulted into
great expense on the part of the suitors, waste of their time and energy and inconveniences
they suffered from, on account of long journeys. Even those persons, whose cases, not
exceeding Rs. 100 in value, were referred to Zamindars or public officers, had to come at
least once to the Divisional Headquarters for such reference. The Zamindars or public
officers as honorary Judges. There was thus a danger of their abusing the authority to their
own advantage. Further the paucity of the Courts put a very heavy strain on the Diwani
Adalats15.
The Provincial Council which was left only with revenue functions also had the power to
decide the disputes relating to revenue matters and to that extent it worked as a court in its
own

cause

which

was

against

the

principles

of

natural

justice.

Appointment of Impey at Sadar Diwani Adalat .There was an urgent need of reforming the
judicial system under the control and supervision of a powerful authority. From the
beginning, the business of the Sadar Diwani Adalats was not only to receive appeals from the
inferior Courts in all cases exceeding a certain amount but to receive and revise their
proceedings, to attend to their conduct, to remedy their defects and to form generally such
regulations and checks as experience should prove to be necessary to the purpose of their
institution. The Governor-General and Council, who previously constituted the Sadar Diwani
Adalat, admitted their incapacity of exercising these powers and expressly stipulated that
Chief Justice Sir Elijah lmpey should act as the sole Judge of the Sadar Diwani Adalat on a
salary at their pleasure. They thought that this would lessen the tension between the Council
and the Court, would facilitate and give vigour to the course of justice, lessen the burden of
the Council and add, to its leisure for occupations more urgent and better suited to the genius
and principles of Government. The Governor-General and the Councillors were non-lawyers.
Impey, being an experienced and trained lawyer was expected to discharge judicial functions
in a far better way and curb out evils from the judicial establishment of the Company.
Elijah Impey was, therefore, appointed the sole Judge of the Sadar Diwani Adalat in October,
1780. He continued in this office till November, 1782 when he was recalled to England. In
fulfillment of his new duties, Impey prepared thirteen articles of Regulations for the guidance
15 Ibid12
17 | P a g e

of the Civil Courts. They were afterwards incorporated, with additions and amendments, in a
revised Code, consisting of ninety-five articles, which was passed in July, 1781. This was the
first Civil Procedure Code of India. The aims were to explain such rules, orders, and
regulations as might be ambiguous, to revoke such as might be repugnant or obsolete to
frame a consistent Code, to formulate the procedure and jurisdiction of the civil courts, to
prescribe a general table of fees, to make the law of civil procedure cognizable to the people,
to provide for arbitration and appeals to the Sadar Diwani Adalat, to provide for the limitation
of suits, giving in most cases a term of twelve years, to protect the litigating people from the
extortions or frauds of the unscrupulous officers of the Courts, and so on16.

Administration of

Justice:

Fourth

Stage

Under the Plan of 1772, a Sadar Nizamat Adalat was established at Calcutta. In 1775, it was
shifted to Murshidabad probably to avoid any interference from, and conflict as to
jurisdiction with, the Supreme Court. There it was put under the authority of the Naib-Nazim
Reza Khan. In 1776, a plan for criminal justice from Reza Khan was adopted, under which
twenty-three Fauzdari Adalats in all were established in the districts. But as the system had
once become loose and the Collector or the Governor-General and Council could not get
enough time to have an effective control over these courts, they failed to provide justice to the
people. Justice was neither given in time nor any principles of justice was taken into
consideration. The accused had to remain in detention for years before his trial was finalised.
The conditions of prisons were inhuman. There were number of defects in the system which
required total overhauling of criminal administration of justice. The Mohammedan law of
crimes was also very defective. Warren Hastings was quite conscious of all this and in the
year 1781 he drew a scheme for some reforms in the criminal judicial administration.

16 Eugen Lang, Maurice. Codification in The British Empire And America.

18 | P a g e

ADALAT

SYSTEM:

ITs

DEVELOPMENT

AND

IMPACT
Prior to the earl's arrival, judicial and police powers in territories controlled by the company
were a confusion of differing standards that were also either inconsistently or arbitrarily
applied. Part of Cornwallis's work was the introduction of criminal and judicial regulations
that to a significant degree still underpin the Indian judicial system.
Indian cities, much like British cities of the time, were poorly policed, and crime was
widespread. Different penal and civil codes were applied to Hindus and Muslims, and the
codification of these codes in different languages meant that it was virtually impossible for
justice to be properly and consistently applied. Much of the criminal justice system in Bengal
remained in the hands of the nawab, the nominal local ruler of the company's territory.
Furthermore, individuals with powerful political connections in their community often were
able to act with impunity, since no one suffering at their hands was likely to press charges for
fear of retribution. Hastings had several times made changes to policing and the
administration of justice, but none of these had had a significant impact on the problem17

17 Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757-1947

19 | P a g e

Cornwallis received critical assistance from others in his effort to introduce legal reforms.
William Jones, an expert on languages, translated existing Hindu and Muslim penal codes
into English so that they could be evaluated and applied by English-speaking judges.
Cornwallis began in 1787 by giving limited criminal judicial powers to the company's
revenue collectors, who already also served as civil magistrates. He also required them to
report regularly on detention times and sentences given. In 1790 the company took over the
administration of justice from the nawab, and Cornwallis introduced a system of circuit
courts with a superior court that met in Calcutta and had the power of review over circuit
court decisions. Judges were drawn from the company's European employees. These reforms
also included changes to the penal codes to begin harmonizing the different codes then in use.
By the time of his departure in 1793 his work on the penal code, known in India as the
Cornwallis Code, was substantially complete.
One consequence of the Cornwallis Code was that it, in effect, institutionalized racism in the
legal system. Cornwallis, in a manner not uncommon at the time, believed that well-bred
gentlemen of European extraction were superior to others, including those that were the
product of mixed relationships in India. Of the latter, he wrote "as on account of their colour
& extraction they are considered in this country as inferior to Europeans, I am of opinion that
those of them who possess the best abilities could not command that authority and respect
which is necessary in the due discharge of the duty of an officer." In 1791 he issued an order
that "No person, the son of a Native Indian, shall henceforward be appointed by this Court to
Employment in the Civil, Military, or Marine Service of the Company 18." Cornwallis's
biographers, the Wickwires, also observe that this institutionalization of the British as an elite
class simply added another layer on top of the complex status hierarchy of caste and religion
that existed in India at the time. Cornwallis could not have formalized these policies without
the (tacit or explicit) agreement of the company's directors and employees.
Cornwallis's attituted toward the lower classes did, however, include a benevolent and
somewhat paternalistic desire to improve their condition. He introduced legislation to protect
native weavers who were sometimes forced into working at starvation wages by unscrupulous
company employees, outlawed child slavery, and established in 1791 a Sanskrit college for
Hindus that is now the Government Sanskrit College in Benares. He also established a mint
18 http://www.indianetzone.com/39/lord_cornwallis_indian_governor_general.htm.

20 | P a g e

in Calcutta that, in addition to benefiting the poor by providing a reliable standard currency,
was a forerunner India's modern currency.
JUDICIAL PLAN OF 1787
The court of directors on 12th April 1786 directed the Cornwallis to vest in one person the
revenue, judicial, and magisterial functions. Cornwallis followed the ordered and introduced
plan of 1787. In this plan Cornwallis increased the salaries of collectors. 2nd He reduced the
number of Diwani districts from 36 to 23 and this made it possible to increase the salaries of
collectors. The scheme was introduced through 2 Regulations.
First Regulation dealt with Revenue Administration and it was introduced on 8th June 1787.
Second Regulation dealt with administration of justice and it was enacted on 27 June 1787. In
each district a companys English covenanted servant was appointed as collector who will
collect revenue as well as will decide the all cases relating to revenue. Collector also worked
as Judge in the district Mofussil Diwani Adalat to decide civil cases, succession cases and
land related cases like boundaries etc.Revenue Court was known as mal Adalat .Appeals from
mal Adalat went to the Board of Revenue at Calcutta. And it finally went to the Governor
General. In Diwani Adalat appeals in the cases where matters involving more than one
thousand rupees went to the Sadar Diwani Adalat, where Governor General and council
handled the cases. Appeal from Sadar Diwani Adalat went to the King in Council.In each
Adalat registrar was appointed as a subordinate officer to help collectors.Registrar was given
power to handle decide cases up to rupees 200 and orders passed by him became valid when
it were signed by the judge of Mofussil Adalat19. As a magistrate collector was authorized to
try and arrest criminals in petty offences.The magistrate got power to hear the cases against
the Englishmen who committed crimes against Indians, in this case magistrate made inquiry
and he felt that there is ground for trial, he would send the Englishman accused to the
Calcutta for trial and if Indian complainant was poor, the government paid all the expenses of
travelling to Calcutta.Cornwallis began in 1787 by giving limited criminal judicial powers to
the company's revenue collectors, who already also served as civil magistrates? He also
required them to report regularly on detention times and sentences given20.
19 Ibid15
20 Supreme Court Summary of the Evolution of the Judiciary,
http://supremecourtofindia.nic.in/supct/scm/m2.

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JUDICIAL PLAN OF 1790

Criminal Justice system
In 1790 Cornwallis tried to reform the criminal justice system which was following Muslim
criminal law system and Mofussil Fauzdari Adalats were controlled by Qazis, muftis and
moulvies.Everything Was Controlled By Naib Nawab Raza Khan And Who Was Not
Answerable To Anyone Including Remembrancer. The Salaries Of The Criminal Court
Judges Were Very Low Which Encouraged Them To Get Involved In The Corruption.Low
Salaried Kept Honest And Educated People Away From This Job And Every Corrupt Man
Wanted To Become The Criminal Court Judge.Fozdari Adalats Did Not Give Fast Justice, It
Delayed The Justice. Delayed Justice Encourages Criminals To Do More Crimes. As They
Do Not Fear The Law. Cornwallis Wanted To Reform All This And Introduced The New
Scheme On 3rd December 1790.Main Featured Of The Scheme Of 1790Criminal Justice
System Transferred To English Servants From Muslim Law Officers.Muslim Law Officers
Became Advisors To The Court.And Criminal Cases Should Be Decided Quickly.Districts
Got The Magistrates, Above Them Were Courts Of Circuit And Above Them Was Sadar
Nizamat Adalat. Sadar Nizamat Adalat Was Shifted To Calcutta From Murshidabad And
Nawab Was Divested Of His Control Over The Adalat. In Sadar Adalat Governor General
And Council Members Sat As Judges And Muslim Law Officers Helped Them To
Understand The Muslim Law. Mofussil Fozdari Adalats Were Abolished And On Their Place
Four Court Of Circuits Were Established21. All Districts In Bengal, Bihar And Orissa Were
Arranged Into Four Divisions Of Patna, Calcutta, Murshidabad And Dacca. Court Of Circuit
Was A Moving Court And It Travelled From District To District In The Given Division. Court
Of Circuit Consisted Of 2 Companies Covenanted Servants And Muslim Law Officers Help
Them. The New Criminal Judicial System Was Inaugurated On January 1, 1791 And Office
Of Remembrance Was Abolished Which Was Created In The Time Of Warren Hastings. The
Salaries Of The Criminal Court Judges Were Increased And First Time Governor General
Took The Complete Control Of Criminal Justice System Bengal, Bihar And Orissa. In 1792,
Company Government Sanctioned Small Sum As A Payment To The Prosecutors And
Witnesses Who Spent The Days In Court Of Circuit For Their Journey To Attend The Trials.

21 http://realityviews.blogspot.in/2010/12/part-34-indian-legal-history-charterof.html
22 | P a g e

The Criminals Who Completed The Punishment, When Came Out Of Jail They Were Paid
Money To Maintain Themselves For A Month.
Defects of Scheme
Lot of Work for Court Of Circuits. No Provision To Supervise The Collectors, Who Got
Unlimited Powers. Cornwallis Understood the Defects Of The Above Schemes And He
Introduced The Plan Of 1793
JUDICIAL PLAN OF 1793
In May 1793, The Cornwallis Code Emerged As A Legal Code, Representing A Compilation
Of Fort Eight Regulations. Drafter By Sir George Barlow (1762- 1864), It Included Measures
Covering Both Civil And Criminal Law. In Bengal, The Code Provided For The Governor-In
Council To Form Both The Sadar Diwani Adalat (Civil) And Sadar Nizamat Adalat
(Criminal). In 1801, These Appellate Duties Were Transferred From The Executive To The
Supreme Court Of Calcutta. The Cornwallis Code Further Established Four Provincial Courts
Of Appeal Located In Calcutta, Murshidabad, Dacca And Patna. Provincial Courts Were
Further Developed In 1795 At Benares And In 1803 At Bareilly. These Courts Handled Cases
On Appeal From The District Courts Of Bengal To Prevent Overloading The Sadar Diwani
Adalat In Calcutta. Each Provincial Court Accepted Appeals From Six To Nine District
Courts. They Consisted Of Three English Judges Which Were Later Raised To 4 22. They
Provided Original Justice In The Case Of Criminal Trials. Within The District, The Zilla
Court System Provided Primary Civil Justice And The Nizamat Adalat For Criminal Cases Of
The First Instance. With These Systematic Developments, The Collector Gave Up His
Judicial Duties. Cornwallis Code Of 1793 Further 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. The Regulation Further
Enacted That Judges Could Commute The Sentences Of Mutilation And Amputation
Awarded By The Jutwa Of Mohammedan Law To Hard Labour For 7 Years. 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. The Sadar Diwani Adalat Licensed The Hindu
22 Ibid17
23 | P a g e

And Mohammedan Pleaders. When Required, Public Pleaders Could Be Employed To

Represent The Government When It Was A Party. This Measure Empowered The Governor
General To Appoint Covenanted Servants Of The Company As Justice Of Peace. In 1793 The
Position Of The Law Officer Developed Within The Judicial System, In Bengal And Then
Later In The Other Presidencies. If A Hindu, The Law Officer Was Termed A Pandit And If A
Muslim, A Koran Mullah. The Law Officer Advised Judges Of Zilla, City Courts, And Sadar
Courts Of Issues Regarding The Personal Law Of Hindu And Muslims 23. 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.
ADMINISTRATIVE REFORMS
Lord Cornwallis Was The Famous British General, Who Was Sent To India In 1796 With The
Charge Of The Land Settlement Policy Of The Government. The Court Of Directors
Entrusted Him To Carry Out The Strategy Of Peace Outlined By The Pits India Act. To
Reorganize The Administrative Of The Country Cornwallis Was Specially Charged With The
Duty Of Finding Out A Solution Of The Land Revenue Problem. At The Same Time, He Had
To Look After The Development Of A Strong Judiciary Yet With The Growth Of The
Commercial Department Of The Company. Cornwallis Followed The Footsteps Of Lord
Warren Hastings And Built Up The Administrative Super Structure In India, Which
Remained Substantially In Force Till 1858. Being A Shrewd Diplomat Cornwallis At The
Beginning Of His Career In India Emphasized On Strengthening The Judicial Administration
Of The British Government In India. Hence, He Concentrated The Authority Of The Districts
Entirely In The Hands Of The Collector According To The Instructions Of The Court Of
Directors. In 1787 The Collectors In Charge Also Were Empowered To Try The Criminal
Cases In Certain Limits. Cornwallis In The Due Course Made Further Changes In The Field
Of Criminal Administration During 1790 -1792. Due To Such Changes And Alterations The
District Fauzdari Adalats Presided Over By The Judges Were Abolished. In These Places
Four Circuit Courts Were Established, Three Of Which Were In Bengal And One In Bihar.
The Circuit Courts Developed By The New Changes Made By Cornwallis Were Precided By
The European Servants. Those European Servants Decided Cases With The Help Of Quazis
And Muftis. But The Qazis And Muftis Were Subordinate To The European Officers. These
23 Ibid20
24 | P a g e

Circuit Courts Toured The Districts Twice A Year And Tried The Persons Commited By The
City Magistrates. The Sadar Nizamat Adalat At Murshidabad, So Far Presided By The
Mohammedan Judge. A Similar Court Set Up At Kolkatta Comprising Of Governor General
Member Of The Supreme Council Replaced The Southern Nizamat Adalat. The Judicial Full
Forms Undertook By Lord Cornwallis Laid Its Strong Foundation In The British Indian
Administrative System In The Year 179324. The Judicial Forms Of Cornwallis Were
Documented In The Famous Lord Cornwallis Court. However, The Judicial Reforms
Approached By Lord Cornwallis Were Based On The Principal Of Separation Of Power.
Cornwallis At First Sought To Separate The Revenue Administration From The
Administration Of Justice. The Collector Used To Be The Head Of The Revenue Dept. In A
District And Also Enjoyed The Extensive Judicial And Magisterial Powers. However,
Cornwallis Promoted The Separation Of Power And The Cornwallis Code Divested The
Collector Of All The Judicial And The Magisterial Powers. Thus, The Collectors Were Given
The Only Power Of The Revenue Administration According To The Cornwallis Code. A New
Class Of Officer Called The District Judge Was Created To Preside Over The District Civil
Court. The District Judge Was Also Given The Magisterial And The Police Function.
A Gradation Of Civil Court Was Set Up. The Distinction Between The Revenue And The
Civil Cases Was Abolished And The New Diwani Courts Were Entrusted To Try All The Civil
Cases. Munsifs Became The Lower Court Which Was Presided By The Indian Officer And
They Were Competent To Decide Cases Involving Disputes Upto 50 Rupees. Registrars
Became The Court Next To The Munsifs Proceeded Over By The European Officers And
Tried Upto The Case Worth Rupees 200 Rupees. Appeals From Both These Courts Were Laid
To The Districts Or The City Courts. District Judges Presided Over The City Courts And
Decided The Civil Suits With The Help Of The Indian Law Officers. Above The District
Courts Were The Provincial Courts Of Appeal At Calcutta, Murshidabad, Dacca And Patna.
These Courts Had To Also Supervise The Working Of The District Court. Moreover, Of The
Basis Of The Reports Provided By The District Courts, The Provincial Courts Had To Look
After The Sadar Diwani Adalat. The Sadar Diwani Adalat At Calcutta Presided Over By The
Governor And His Council. Through The Cornwallis Code, Regulations Are Also Laid Down
Regarding The Procedures To Be Followed In These Courts. Cornwallis Administered The
Hindu Laws According To The Hindus And The Mohammedan Laws According To The
Muslims.
24 , Prof. J.K. Mittal, Indian Legal & Constitutional History
25 | P a g e

Under The Judicial Administration Promoted By Cornwallis, The European Subjects In The
Districts Were Made Subjects Under The Jurisdiction The Local Civil Courts. No Special
Licence Was Given To The Europeans Unless He Submitted Himself To The Law Of The
Land. Further The Government Servants Were Made Answerable Before The Civil Courts For
Any Acts Done Even In The Official Capacity. Thus, Cornwallis Proclaimed The Principle Of
Sovereignty Of Law In India.
Important Changes Were Introduced In The Field Of Administration. The District Fauzdari
Adalat Presided Over By The Indian Officers Were Abolished Completely. The District
Judges Were Given The Absolute Power To Arrest The Criminals. The Provincial Circuit
Courts, Which Worked For The Civil Cases Primarily Also Worked As The Criminal Courts.
These Courts Could Pass The Death Sentence And The Life Imprisonment To The
Imprisoned Subjects According To The Confirmation Of The Sadar Nizamat Adalat. The
Sadar Nizamat Adalat Was The Highest Court Of Appeal In The Criminal Cases. The
Governor General Enjoyed The General Power Of Pardon Or Communication Of
Punishment25.
During The Period Between 1790-93 Cornwallis Introduced Certain Changes In The Criminal
Law, Which Were Regularised By The Parliamentary Act Of 1797. According To The Newly
Framed Criminal Law The Judges Were Asked To Follow The Rules Of Fair Justice. They
Were Also Asked Not To Be Influenced By The Cast, Creed Or Religion. The Usual
Punishment Of The Amputation Of The Limbs Of The Body Was Replaced By Temporary
Hard Labour Of Fine. Regulation IX Of 1793 Amended The Law Of Evidence. According To
This Regulation Religious Persuasion Of The Prisoner Was Not To Be Considered As A Bar
To The Conviction Or Condemnation Of A Prisoner.
The Judicial Administrative Reforms By Cornwallis Followed The Western Conception Of
Justice, Which Was Based On The Principal Of Equity. Codified Secular Law Replaced The
Narrow Religious Law Of The Ruler Or The Local Agent. The Cornwallis Code Proclaimed
That Sovergnity Of The Law In Unmistakeable Terms. The Administrative Reforms Of
Cornwallis Also Solicited For The Trial Of The Government Officials, For Any Wrongs Done
By Them In Their Official Capacities. But, The Immediate Effect Of The Law Reforms Made
By Cornwallis Proved Very Disastrous Initially. This Is Because The Traditional System Of
The Governing Bodies Was Replaced By The European Servants, Who Were Ignorant About
25 Ibid23
26 | P a g e

The Indian Customs. The System Of Law Became Very Expensive And The Law Courts
Were Insufficient. And, At The Same Time Falsehood, Deceit And Litigation Corrupted The
Systems At Its Roots26.
To Supplement And Implement The Judicial Reforms Important Changes Were Introduced In
The Police Administration. In The Regulations Of 1791 The Powers And Jurisdiction The
Police Superintendent Were Defined. To Induce The Honest Operation Of The Police System,
Cornwallis Raised The Salaries Of All The Police Officers And Offered Good Rewards For
The Discovery And Arrests Of The Burglars And Murderers. In The Districts The Zamindars
Were Divested From All The Police Powers 27. Thus It Was Declared That Zamindars Were
Ceased To Be Considered Responsible For Robberies Committed In Their Estate Unless
Their Complicity Could Be Proved. The English Magistrates Were Interested With The
Control Of The District Police Administration. Each District Was Subdivided Into Areas Of
400 Sq. Miles And Each Area Was Placed Under The Charge Of A Police Superintendent. An
Establishment Of Constables Assisted The Police Superintendent. In This Way Cornwallis
Strengthened The Police Administration In Order To Safeguard The Judicial System.
However, Cornwallis Was Primarily Interested With The Charge The Land Revenue
Settlement By The Court Of Directors. Though Cornwallis Reformed The Judicial And The
Executive Bodies So Far Functioning In India, His Main Motive Was To Regulate The Land
Revenue Policies. Cornwallis Reorganized The Revenue Department Completely. In 1787
The Erstwhile Province Of Bengal Was Subdivided Into Fiscal Areas. Each Fiscal Area Was
Placed Under The Direct Supervision Of A Collector. The Number Of Collectors Was
Reduced From 36-23. The Old Committee Of Revenue Was Reorganized And Was Renamed
As The Board Of Revenue. The Newly Formed Board Of Revenue With The Duty Of
Superintending The Work Of The Collectors. Till The Year 1790 The Old System Of Annual
Settlement Continued. In 1790, Cornwallis With The Approval Of The Court Of Directors
Declared That The Zamindars Would Be Considered As The Owner Of The Lands Subject To
The Annual Payment Of Land Revenue To The State. A 10 Year Settlement Was Made With
The Zamindars In 1790 On The Basis Of 89% Of The Rental. In 1793, The Decennial
Settlement Was Declared Permanent And Perpetual. Thus Cornwallis Built Up A Strong Land
Revenue System.
26 M.P Singh, Outlines of Indian Legal & Constitutional History
27 Ibid19
27 | P a g e

Lord Cornwallis After Strengthening The Land Revenue Policies Emphasized To Control The
Rampant Corruption In The Commercial Department Of The Company. While The
Companys Goods Were Infrequently Sold At Loss In Europe, The Company Servants Made
Huge Profits In The Goods Which They Sent To England On Their Personal Accounts. Since
The Establishment Of Board Of Trade At Calcutta In 1774, The Company Had Procured
Goods Through The European And Indian Contractors. The Members Of The Board Of
Trade, Instead Of Being Controlling The Mal Practises, Themselves Participated In The
Corruption. To Stop These Corruptions Lord Cornwallis Adopted Several Policies.
Cornwallis Reduced The Strength Of The Board Of Trade From 11 To 5. The Method Of
Procuring Supplies Through Contractors Was Restricted. Cornwallis Promoted The
Procurement Of Supplies From The Commercial Residence And The Agents. Thus, The
Commercial Residents Made Direct Advances To The Manufacturers And Settled Prices With
Them. In This Way, Cornwallis Regulated The Commercial Policy. Thus, Under The New
Commercial Policy, The Company Could Get Ample Supplies At Cheaper Rates28.
In Spite Of Being A Just And Benevolent Administrator, He Had A Very Low Opinion About
The Indian Character, Ability And Integrity. According To Him, Every Native Of This
Country Was Corrupt. Therefore He Reserved All The Higher Services For The Europeans
And Reduced The Status Of The Indians. On A Whole, Under The Administrative System Of
Lord Cornwallis The Indians Have Been Excluded From Every Honour, Dignity Or Office,
Which The Lowest Europeans Could Be Prevailed Upon To Accept. Cornwallis Was Very
Much Prejudiced Against The Indians. According To Imminent Historians, Cornwallis
Approved The Official Seal On The Policy Of Racialism India.

28 http://www.legalservicesindia.com/article/article/development-of-adalatsystem-during-the-time-of-warren-hastings-252-1.html
28 | P a g e

ROLE OF ELIZA IMPEY

REFORM BY ELIZA IMPEY
Sir Impey remained in his office for about a year but during this time he made very important
reforms in the administration of judiciary of that time. He issued regulations for the
improvement of all the courts existing in the Mofussil area. By those regulations the
following new changes were made.
1. The Diwani Adalat at the divisions were directed to hear all the cases in the open court
after administering proper oath to the witnesses. The law officers should be used only for the
purpose of expounding the law on the facts which the court had decided, i.e. the law officers
had no power to decide the facts or hear the witnesses or the parties. The procedure which
was found to have been followed in Patna Case of reporting the matter to the court by the law
officers was stopped by this Regulation.

29 | P a g e

2. The number of the Diwani Adalats was increased from 6 to 18 so as to avoid the
inconvenience to the people coming from long distances and also to reduce the arrears of
work.
3. The most distinguished work which Impey did was the compilation of a Civil procedure
Code which was first of its kind ever introduced in this country. The Code was promulgated
by the Governor General and Council on 5 July 1781. Although the Code did not make very
far reaching Changes, it put the law on solid and certain grounds so that the people could
know as to what the procedure of courts was. It also bound down the courts to follow the
procedure

specified

in

it.

The

Code

consisted

of

95

clauses.

4. The provision regarding the application of personal laws in certain categories of cases viz.,
inheritance, marriage, caste and other religious usages or institutions was incomplete so far as
the rule of decision in other cases was concerned. Besides, adding the word 'succession' to the
word 'inheritance', Impey filled up the gap by providing that in all cases for which no specific
directions were given, the Sadar Diwani Adalat and the Mofussil Diwani Adalats were to act
according to justice, equity and good conscience, This was a remarkable provision which
completed the rule of decision in all civil cases of Hindus and Mohammedans.
5. Another important feature of the Plan was putting the Sadar Diwani Adalat on a sounder
basis. Impey brought the union of the powers of a Board of Superintendence with those of a
Court of Appeal. Laziness, laxity, impatience and want of method were the faults of which
young, inexperienced Judges, devoid of any legal know1edge and having only an imperfect
knowledge of languages of their respective huge districts, were guilty. Superintendence was,
therefore, as urgent as appeal.
The Sadar Diwani Adalat was, therefore, to perform the following functions:
(a) To hear appeals from the lower Courts in cases exceeding Rs. 1,000;
(b) to decide any matter of civil nature referred to it by the Governor-General-in-Council;
(c) to exercise control and supervision over the lower Court, firstly, by receiving an original
complaint, cognizable by a lower Court which refuses to entertain it, and then referring it to
Mofussil Diwani Adalat for expeditious disposal, and secondly, by suspending a Judge of a

30 | P a g e

lower Court on ground of misconduct and reporting the matter to the Governor-General-inCouncil for final decision29.
RECALL OF IMPEY
The appointment of Impey to the Sadar Diwani Adalat was actually a good step for the
reformation of judicial system and he himself also worked very vigorously and sincerely to
reform it. But his holding the twin offices of the Chief Justice of the Supreme Court and the
Judge of the Sadar Diwani Adalat was not favoured by the authorities in England. They
thought it was a violation of The Regulating Act which had established a judicial system at
Calcutta independent of all control from the Company. To them, by accepting the judgeship
of the Sadar Diwani Adalat, Chief Justice, Impey had put himself under the subordination of
the Company from whom he got his appointment and also the salary as judge of the Sadar
Diwani Adalat. Although after few months Impey refused to draw his salary as judge of the
Sadar Diwani Adalat unless the Lord Chancellor gave him a clearance. His sincerity was
doubted in England and he was recalled on May 3, 1782 from his office of judgeship of the
Sadar Diwani Adalat as well as from the Chief Justiceship of the Supreme Court. After the
recall of Impey the Sadar Diwani Adalat again came into its previous from, i.e., the court was
again

constituted

of

Governor

General

Council.

Though Impey was accused of compromising his judicial independence as a Crown's Judge,
and was, therefore, called back, he gave no opportunity to anyone to say that he, as the sole
Judge of the Sadar Diwani Adalat, acted in a way which compromised his judicial
independence as the Chief Justice of the Supreme Court. Whatever the criticism, his Code
was an extraordinary contribution giving new directions to Judges of the Diwani Adalats and
litigants. Its compilation was the first attempt of its kind in India, and it made the law of civil
procedure certain to some extent. Under the judgeship of Impey the whole judicial system
indefinitely became much better. Thus the act of appointing Impey was later regarded as one
of the wisest measures which Warren Hastings carried through30.

29 http://archive.org/stream/cu31924023971595/cu31924023971595_djvu.txt

30 Ibid24
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MERITS AND DEMERITS OF HIS PLAN

The significance of the Regulating Act is that it brought the affairs of the Company under the
control of the Parliament. Besides, it proved that the Parliament of England was concerned
about the welfare of Indians. The greatest merit of this Act is that it put an end to the arbitrary
rule of the Company and provided a framework for all future enactments relating to the
governing of India. The main defect of the Act was that the Governor-General was made
powerless because the council which was given supreme power often created deadlocks by
over-ruling his decision. However, many of these defects were rectified by the Pitts India Act
of 1784.

32 | P a g e

One of the major defects of the Plan was that there was over-centralization of powers in a
single official, namely, the Collector. He was overburdened with heavy work as he was
singularly required to shoulder the responsibility as an administrator, revenue collector, civil
judge

and

magistrate

in

his

District.

The Judicial Plan had a limited application only in the territory of Bengal, Bihar and Orissa.
It was based on an erroneous assumption of Hastings that Indian population consisted of only
the Hindus and Muslims. There were other communities and races for which there was no
provision made in the Judicial Plan.[5]Though the functioning of Adalats was under the
supervision and control of the Sadar Adalat at Calcutta, but in absence of adequate means of
communications it was almost impossible for the government at Calcutta to keep a constant
watch on the working of the Collectors of the districts. In absence of an effective control, the
Collectors indulged in private trading and misused their position and power for personal
gains31.
The judges of the courts being Englishmen, they did not have knowledge of personal laws of
Hindus and Muslims. Though native laws officers were appointed to assist the English
judges, but they could easily misguide the judges by deliberately misinterpreting the
provisions

of

the

Quran

and

Shastras.

The functions of revenue collection and civil administration were combined in a single
official, the Collector. Therefore there was no separation between revenue collection and civil
administration. Obviously, the Collector paid more attention to revenue collection than the
civil administration.
The number of was less and the people had to travel far from getting justice. The official
appointed for adalats were not trained in law and the legal work. Sometimes zamindars and
public officers were appointed to decide petty civil casesupto the value of Rs100. But these
people had to work honoury. This made them corrupt.

31 http://supremecourtofindia.nic.in/supct/scm/m2.

33 | P a g e

CONCLUSION
The work of Warren Hastings has left a deep impact on the History of India. Though on one
hand his contributions to the administration of justice are appreciable to some extent, but on
the other hand the reforms made by him had its own flaws. Appreciating his contributions,
the various reforms implemented by him justify that he was not only a capable administrator
but also a great inventive genius. He adopted the method of trial and error in uprooting the
evils of the existing judicial and executive systems and never hesitated even in taking bold
steps to remove such evils. As the first Governor-General he proved himself as one of the
most faithful servants of the English East India Company, who played a vital role in further
strengthening the foundation, which was earlier laid down by Clive, for the future expansion
of the British Empire in India. Now taking into account his flaws, one may notice that, certain
areas like the constitution of criminal courts, the defects and severity of Muslim criminal law,
the mode of trial and proceedings in the criminal courts, which mainly required vital reforms
34 | P a g e

and special attention were left untouched by him. While on the other hand, he only touched
the fringe of the whole problem of improving the criminal justice. But considering his
limitations which arose due to his conflict with hostile Members of the Council, wavering
support of the Companys Directors in England, antagonistic interests of political parties in
England prejudicing his reputation, his failure to implement his ideas and plans in this regard,
is justifiable. He was a gifted personality endowed with strong will, great energy and
resourcefulness. His long stay in Bengal in the shadow of the Mughal cultural tradition
gave him, enough opportunity to learn oriental languages such as Bengali (the local language)
and Persian (the diplomatic language) and to develop oriental tastes. Since he considered
Indian culture as a basis for sound Indian administration, he patronised the learning of Indian
languages and arts. His task was a challenging one since he was surrounded by hostile forces.
He faced his external enemies with unflinching courage and unfailing resource, and his
internal opponents with extraordinary patience and firmness. It was on the foundation which
Warren Hastings laid down, that others erected a stately edifice.
These marks of public esteem were soon followed by marks of royal favour. Hastings was
sworn of the Privy Council, and was admitted to a long private audience of the Prince Regent,
who treated him very graciously. When the Emperor of Russia and the King of Prussia visited
England, Hastings appeared in their train both at Oxford and in the Guildhall of London, and,
though surrounded by a crowd of princes and great warriors, was everywhere received with
marks of respect and admiration. He was presented by the Prince Regent both to Alexander
and to Frederic William; and his Royal Highness went so far as to declare in public that
honours far higher than a seat in the Privy Council were due, and would soon he paid, to the
man who had saved the British dominions in Asia. Hastings now confidently expected a
peerage; but, from some unexplained cause, he was again disappointed.
He lived about four years longer, in the enjoyment of good spirits, of faculties not impaired to
any painful or degrading extent, and of health such as is rarely enjoyed by those who attain
such an age. At length, on the twenty-second of August, 1818, in the eighty-sixth year of his
age, he met death with the same tranquil and decorous fortitude which he had opposed to all
the trials of his various and eventful life.
With all his faults, --and they were neither few nor small-- only one cemetery was worthy to
contain his remains. In that temple of silence and reconciliation where the enmities of twenty
generations lie buried, in the Great Abbey which has during many ages afforded a quiet
35 | P a g e

resting-place to those whose minds and bodies have been shattered by the contentions of the
Great Hall, the dust of the illustrious accused should have mingled with the dust of the
illustrious accusers. This was not to be. Yet the place of interment was not ill chosen. Behind
the chancel of the parish church of Daylesford, in earth which already held the bones of many
chiefs of the house of Hastings, was laid the coffin of the greatest man who has ever borne
that ancient and widely extended name. On that very spot probably, four-score years before,
the little Warren, meanly clad and scantily fed, had played with the children of ploughmen.
Even then his young mind had revolved plans which might be called romantic. Yet, however
romantic, it is not likely that they had been so strange as the truth. Not only had the poor
orphan retrieved the fallen fortunes of his line not only had he repurchased the old lands, and
rebuilt the old dwelling he had preserved and extended an empire. He had founded a polity.
He had administered government and war with more than the capacity of Richelieu. He had
patronised learning with the judicious liberality of Cosmo. He had been attacked by the most
formidable combination of enemies that ever sought the destruction of a single victim; and
over that combination, after a struggle of ten years, he had triumphed. He had at length gone
down to his grave in the fullness of age, in peace, after so many troubles; in honour, after so
much obloquy.
Those who look on his character without favour or malevolence will pronounce that, in the
two great elements of all social virtue, in respect for the rights of others, and in sympathy for
the sufferings of others, he was deficient. His principles were somewhat lax. His heart was
somewhat hard. But though we cannot with truth describe him either as a righteous or as a
merciful ruler, we cannot regard without admiration the amplitude and fertility of his
intellect, his rare talents for command, for administration, and for controversy, his dauntless
courage, his honourable poverty, his fervent zeal for the interests of the State, his noble
equanimity, tried by both extremes of fortune, and never disturbed by either.

He introduced reforms to meet the existing requirements and also due to the instruction which
he got from England and he implemented them considering as the officers of the superior. But
his plan did not make it possible for any Indian to hold judicial post except that of Munshif.
This was the measure defect and due to this not only the self respect of Indians were hurt but
the very efficiency of administration of justice also suffered. Because the lack of knowledge
of local laws existing the customs and traditions prevalent the English judges fumbled and

36 | P a g e

they could not appreciate the law and the fact involved in case. All these was no small defect.
The companies directors did notice and tried to remove this progressively.

REFRENCES

Dr. N.V. Paranjape, Indian Legal & Constitutional History, Central Law Agency.
M.P Singh, Outlines of Indian Legal & Constitutional History,Universal Law

Publishing .
Prof. J.K. Mittal, Indian Legal & Constitutional History, Allahabad Law Agency.
Prof. M.P.Jain, Outlines of Indian Legal &Constitutional History.

Davies, Alfred Mervyn. Strange destiny: a biography of Warren Hastings (1935).

Feiling, Keith, Warren Hastings (1954)

As stipulated in the Charter Act of 1833.

S.D. Sharma, Administration of Justice in Ancient India, New Delhi: Harman

Publishing House, 1988.

M. P. Jain, Outlines of Indian Legal and Constitutional History.

37 | P a g e

BIBLIOGRAPHY

Dr. N.V. Paranjape, Indian Legal & Constitutional History, Central Law

Agency.
Prof. J.K. Mittal, Indian Legal & Constitutional History, Allahabad Law

Agency.
http://www.indianetzone.com/39/lord_cornwallis_indian_governor_ge
neral.htm.

Eugen Lang, Maurice. Codification in The British Empire And America.

Char, S. V., Desika (1983). Readings in the constitutional history of India,

1757-1947
Supreme Court

http://supremecourtofindia.nic.in/supct/scm/m2.
http://realityviews.blogspot.in/2010/12/part-34-indian-legal-history-charter-

of.html.
S.D. Sharma, Administration of Justice in Ancient India.
http://www.encyclopedia.com/topic/Warren_Hastings.aspx.
M.P Singh, Outlines of Indian Legal & Constitutional History,Universal Law

Publishing .
http://archive.org/stream/cu31924023971595/cu31924023971595_djvu.txt
http://www.legalservicesindia.com/article/article/development-of-adalat-

Summary

of

the

Evolution

system-during-the-time-of-warren-hastings-252-1.html
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of

the

Judiciary,

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http://www.scribd.com/doc/136267918/WARREN-HASTING-1772-1774