Indian Legal History-Warren Hastings Plan of 1772

Look at the guy in picture, and you will find him looking at you. And he is the same who introduced comprehensive judicial reforms. First with plan of 1772 and later with plan of 1772.

Background And Early Administration

In 1757, Company won battle of Plassey in which company defeated Nawab of Bengal and their French Allies. After victory they placed puppet Nawab. 

In 1764, Company won battle of Buxar in which they defeated Nawab of Bengal, Nawab of Oudh and Mughal empire Shah Alam.

Above two events strengthen the position of Company, and in next 100 years they established their rule all over India. All this is part of history.

What after victory ?

Company didn't fought battle for trophy. They want to of course loot (may be earn) money. Since they didn't have enough man force to achieve this, they did it with other means.

Mughal administration was broadly divided into two categories. Nizam would have army and administered criminal jurisdiction. Diwan would collect revenue and administered civil jurisdiction.

Robert Clive made a treaty with Mughal Empire. Company paid 26 Lakh Rs to Mughals for Diwani rights in Bengal, Bihar and Orissa. They were also interested in army too. They took Nizami from Nawab and paid 53 Lakh rupees to Nawab.

As said Earlier, they didn't have a man force, neither they had know how of local administration. So what they did is used local machinery.

Murshidabad-Reza Khan

Patna-Raja Shitab Roy

At above two places company appointed their diwan to carry out their revenue collection.

Problems with this

Above system had lot and lot and lot many problems. Below are some of them

1) Company's servant misuse powers given to them

2) People were exploited by both, Angrez as well as local administration

3) Later, some Angrez were appointed, but they didn't have training in administration.

Extremely sad thing happened during this time. In Bengal Famine, nearly 10000000 (1 Crore) people died. Bengal, Bihar and Orissa were prosperous provinces those days, still due to apathy, mis administration,  exploitation by company it was monumental loss to India. In such tragic time Company blamed Indian officer..!!

Nobel Laureate Amartya Sen called this as "Man made" famine. 

In 1772, Warren Hastings was appointed as Governor General of Bengal. He fasten the efforts to bring reforms. He appointed a committee consisting of Governor and four member of his council to find the lacuna's in existing administration and suggest some reforms. The first plan was prepared in 1772.

Plan of 1772

 

Above image sums up the entire plan of 1772.

Entire province of Bengal, Bihar and Orissa was divided into smaller units called as district.

An officer, the almighty, the mai baap, all powerful "Collector" was assigned to each district.

This appointed collector would then administered the entire district.

How was civil administration ?

• At district level there was court called as Mofussil Diwani Adalat.
• This court was presided by Collector. It was empowered to hear civil cases which are related to civil matter such as inheritance, caste, marriage, debts, partnership etc.
• Kazi and Pandits were appointed to these courts for administration of native people.
• These courts empowered to hear cases up to 500 Rs.

what about matters more than 500 Rs ?

• At Calcutta, a Sadar Diwani Adalat was established.
• It was like High Court.
• Appeals from Mofussil Diwani Adala lies in these courts.
• A fees of 5% was required to paid in these courts.
• It was presided by Governor and two member of his council. 

Criminal Admistration

Criminal administration was also two tiered administration.
 

• At district level there was Mofussil Faujdari Adalat 
• These court  typically ran of Islamic law
• Kazi and Mufti assisted by two maulavis used to decide the matter
• Collector was to supervise the matter.
• These court didn't have power to give capital punishment
• Appeal lied in Sadar Nizamat Adalat.

  High Court

• Sadar Nizamat Adalata was established in Caclcutta
• It was presided by Indian Judge who was also know as Daroga-i-Adalat.
• Again, religious figures like Kazis, Chief Mufti and other Maulavis assisted in matter.
• These court to revise the order by lower court.
• These court were also empower to give death punishment. ohh..!!

It was the short summary of Civil and Criminal Administration.

Some Analysis

Collector

He was hyper powerful officer. He/She (Mostly He) have to collect the revenues. He had to look after civil administration. He had to look after criminal administration. He had to also maintain law and order. He had to sleep, eat, bath etc. So is it possible for one person to do so many task? Of Course No. Collector was overburden and hence he couldn't dispense all the function properly.

Personal Laws and Natives Law officer and Shastras and Koran

Good point about this plan was it took into account the personal law of the natives. Also Native law officer like Kazis, Muftis, Pandits were appointed in court to assist the administration. But again, we had thousands of custom. Was it valid to bring religion into judicial administration ? I think No, you may differ.

Also, application of Koran and Shastras have other limitation. For example Shastras are not only source of Hindu law, similarly apart from Koran,there are other sources of Islamic law also.

Administrative Division

Districts as administrative unit were officially created in 1772 plan. We see those districts still in place as administrative units. So it worked really. Smaller the unit, better and easy and efficient the administration. 

You may find other important points in this plan. Please add those in comments so that we all know about them.

Thanks,

Legalfundaa