Indian Legal History-Cornwallis Reforms-Judicial Plan of 1787,1790,1793
Background
Warren Hasting back in 1772 introduced plan wherein Collector was overpowered, overburdened. In 1774 plan He tried to overcame some of the deficiencies in earlier plan. One of the reform was separation of judicial and revenue function.
In 1786, Lord Cornwallis became Governor General, as usual came up with 1787 plan.
We will discuss three major plans/reforms introduced by him
JUDICIAL PLAN OF 1787
Below are certain major features of judicial plan of 1787
Unification of Revenue and Judicial Function
In times of Warrent Hastings, judicial and revenue functions were separated. This separation of power often lead to conflicts between them. It was felt that these functions should be merged again.
Also it was thought that if both the functions are conferred to same authority, then revenue collection would be effective.Another reason was unified power in hand of one person could reduce confusion and chaos.
With above reason, judicial and revenue functions vested in Collector of the district.
General Court system
It was similar to earlier Warrent Hasting period.
Criminal matters were decided by Mofussil Nizamat Adalat, then Sadar Nizami Adalat and then Governor in Council.
Civil matters were decided by Mofussil Diwani Adalat, then Sadar Diwani Adalat and the again governor.
Mal Adalat, the court which is used to decide revenue courts was presided by Collector. Appeal from Mal Adalat would lie in Board of Revenue and Calcutta and then to Governor Council.
Beside all of the above, Registrar was appointed in each district to try cases up to Rs 200, but his/her(Actually on "his) judgements valid after approval from judge of Mofussil Diwani Adala(Collector himself).
Duties of Collector
- He was in charge of district
- He was responsible to collect revenues
- He was to decided cases related revenue matters
- He was to act as a judge of Mofussil Diwani Adala
- He was to act as magistrate withing the district
- He was empower to punish, arrest try the petty offenses by nominal corporeal punishment.
Summary
Number of districts reduced from 36 to 23 ostensibly to reduce expenditure.
Collector was over empowered and over burdened. Separation between revenue and judicial function terminated.
JUDICIAL PLAN OF 1790-CRIMINAL REFORMS
Cornwallis introduced criminal reforms in 1790. Reforms was a solution to drawbacks in existing system. In Bengal, Bihar and Orissa, Islamic criminal law was in force which had many shortcomings.
Problems
Problems pertaining to Law
Below are certain customs which are not in conformity of modern law were prevalent
Blood Money- Meaning if criminal offer money , he would be pardoned by heir of victim. For example if A killed B, and offer money to B's son then A could be pardoned.
Kisa-It mean inflict similar injury on offender.
Certain crimes were considered as crimes against god like adultery and had stringent punishment. Certain crimes such as murder though serious in nature still considered as crimes against individual.
Problems pertaining to evidence
As Islamic law was in place, Hindu or woman witness didn't have same weight as that of Muslim men. This was discriminatory in nature.
Problems pertaining to organizational structure
This problems was of serious proportion. Below are certain problems
- Mofussil court took too much time to dispose cases
- Judges were paid very low salary, so these courts were corrupt
- British citizens were outside the jurisdiction of these courts
Solution to above problems provided in part by reforms of 1790.
Reforms in Law
- In 1791, punishment of mutilation was abolished
- In 1792, law of evidence was modified and testimony by Hindu brought to same footing as that of muslim
- Blood money was kind of abolished at least in case of murder
- Mofussil Nizamat Court were abolished
- Court of the Circuit were established
- Increment in salary of judges so as to reduce the corruption in judiciary
- At district level Court of District Magistrate was established.
Collector was conferred with power to overlook law and order situation in each district. He used to try petty crimes himself. For serious crime offender was sent to Court of Circuit.
Collector had to sent reports to Sadar Nizamat Adalat to give reports related to crimes committed in his district.
Collector was also empowered to apprehend British Citizen after oath by Supreme court.
Court of the Circuit
These were higher courts wherein appeal lied after Court of District Magistrate.
Entire Bengal,Bihar and Orissa was divided into 4 division i.e Calcutta, Murshidabad, Decca (Dhaka) and Patna. At each division one Court of Circuit was established.
Court of Circuit were moving courts moving from district to district and hearing criminal cases.
These courts were consisted of 2 English officers supported by Kazis/Maulavis or native officers.Security of tenure granted to those officers.
Serious offenses cases like life imprisonment or capital punishment, such cases were sent to Sadar Nizamat Adalat
Sadar Nizamat Adalat
This was highest court of Company earlier situated in Murshidabad. It was relocated to Calcutta.
It was to consist of Governor General and Council Member. Earlier hold of Nawab was abolished.
Law applied was modified Mohemmedan law after changes introduced by Cornwallis.
JUDICIAL PLAN of 1793
Another set of reforms was introduced by Lord saheb in 1793. These reforms were mostly related to civil matters and also known as civil reforms.Sometime it is also referred as Cornwallis Code.
Below are some of the major features
Separation of revenue and judiciary
As we see in the plan of 1787, Collector was everything judge, magistrate, revenue collector etc. Collector used to get commission on revenue collected. Do you think he will give a damn about justice ? It so happened that collector used to concentrate much on revenue collection instead of judicial function.
Judicial function of collector was taken away and given to Diwani adalats
Mal Adalats abolished, Munsif's courts established
Small matters were decided by Mal Adalats and Registrar's court. Collector used to preside these courts. Now that judicial function was taken away, Mal Adalats were abolished.
To decide petty matters, Munsif's(Sadar Amins and Commissioner's) courts were introduced to decide cases up to Rs 50. Landlords, Rich Farmers, Tehsildars used to be Munsif to decide the cases.
Judicial Control over Executives and Revenue officers
Collectors, revenue officers, Company's servants all were conferred with lot of power to collect revenue.(And power almost always corrupt some) . Sometimes these powers misused by some officials. These executives were accountable and answerable to Sadar Adalats or higher courts.
Officials were personally liable for their violation of regulations or negligence or official acts.
This was indeed a good step to curb on the abuse of power by officials. (Thanks Cornwallis)
End of Privilege to British Subjects
Britishers could sue natives in Sadar Adalats/Mofussil Adalats. But if native/Indian had to sue British, he has to go to Calcutta and file a suit in Supreme Court.
This was discriminatory as well as troublesome as person has to travel to Calcutta. This privilege to Britishers was curbed and suits up to 500 Rs could be decided by Sadar Adalats. For suits amounting more than 500 Rs, natives still had to go to Calcutta. (Not good Mr Cornwallis)
Court of Appeal
In Earlier criminal reforms, Court of Circuit was established.
Similarly in Civil matters Court of Appeal was introduced. These were intermediate courts. Whole area was divided into 4 division i.e Patna, Decca, Calcutta, Murshidabad and each division had on e Court of Appeal.
Some Functions
- Try suits sent by Government or Sadar Diwani Adalat
- Receive original suits which lower court i.e Mofussil Diwani Adalat had refused
- Appeal from Mofussil Diwani Adalat.
- To supervise the lower courts
- Security of tenure were provided to native law officers. (Kazis/Muftis etc)
- To make justice accessible to all, Court fees was abolished. (Thanks Lord Saheb)
- Steps were taken to improve legal profession. For example Sanad could be granted to pleaders you used to take an oath to execute his duties faithfully.
Summary
Lord Cornwallis really made some efforts to improve justice administration. Sometime intention was to increase the revenue, but certain steps like ending discrimination that gave privilege to Britishers, abolishing of court fees were laudable.
Think of other good things and bad things that he brought.
Thanks
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