Explore the evolution of the judiciary in British India, from pre-colonial systems to reforms under Hastings, Cornwallis, Bentinck, and later developments. Understand the positive and negative aspects of British judicial reforms.
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Development of Judiciary in British India
Pre-Colonial Judicial System
Hindu System: Bulk of litigation decided by caste elders, village panchayats, or zamindars.
Muslim System: Judicial administration by qazi, located in provincial capitals, towns, and large villages.
Justice Dispensation: Arbitrary, with rajas and badshahs as the fountainhead of justice.
Reforms under Warren Hastings (1772-1785)
District Diwani Adalats: Established for civil disputes, placed under the collector. Hindu and Muslim laws applied based on the religion of the parties.
District Fauzdari Adalats: Established for criminal disputes, administered by an Indian officer with qazis and muftis, under general supervision of the collector. Capital punishment approval lay with Sadar Nizamat Adalat at Murshidabad.
Supreme Court: Established in Calcutta by the Regulating Act of 1773, competent to try all British subjects, including Indians and Europeans. It had original and appellate jurisdictions.
Reforms under Cornwallis (1786-1793) - Separation of Powers
Circuit Courts: Established in Calcutta, Dacca, Murshidabad, and Patna with European judges. Replaced District Fauzdari Courts.
Sadar Nizamat Adalat: Moved to Calcutta, placed under the governor-general and Supreme Council, assisted by chief qazi and chief mufti.
District Courts: Designated as District, City, or Zila Court, under a district judge. Collectors no longer had magisterial functions.
Gradation of Civil Courts: Munsiff’s Court, Registrar’s Court, District Court, Circuit Courts, Sadar Diwani Adalat, and King-in-Council.
Cornwallis Code: Separation of revenue and justice, European subjects under jurisdiction, government officials answerable to civil courts, sovereignty of law established.
Reforms under William Bentinck (1828-1833)
Abolition of Circuit Courts: Functions transferred to collectors under the supervision of the commissioner of revenue and circuit.
Establishment of Sadar Adalats: Sadar Diwani Adalat and Sadar Nizamat Adalat set up at Allahabad for the Upper Provinces.
Language in Courts: Persian replaced with vernacular languages for suitors; English replaced Persian in the Supreme Court.
Law Commission: Established under Macaulay in 1833; resulted in the Civil Procedure Code (1859), Indian Penal Code (1860), and Criminal Procedure Code (1861).
Later Developments
1860: Europeans could claim no special privileges except in criminal cases; Indian-origin judges could not try Europeans.
1865: Merging of the Supreme Court and Sadar Adalats into three High Courts at Calcutta, Bombay, and Madras.
1935: Government of India Act provided for a Federal Court (set up in 1937) to settle disputes between governments and hear limited appeals from High Courts.
Evaluation
Positive Aspects of Judiciary under the British
Rule of Law: Established across the judicial system.
Codified Laws: Replaced religious and personal laws of rulers.
Jurisdiction: European subjects were brought under jurisdiction, though European judges handled criminal cases involving Europeans.
Accountability: Government servants were made answerable to civil courts.
Negative Aspects
Complicated System: Became more complex and expensive; the rich could manipulate it.
Scope for Misuse: False evidence, deceit, and chicanery.
Delayed Justice: Litigation was often dragged out.
Overburdened Courts: Increased litigation led to overwhelmed courts.
Lack of Familiarity: European judges often unfamiliar with Indian customs and traditions.
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