Warren Hastings

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WARREN HASTINGS

PLAN OF 1772 AND 1774 AND


REORGANIZATION IN 1780

WARREN HASTINGS

JUDICIAL PLAN OF 1772


ADMINISTRATION OF JUSTICE
CIVIL JUSTICE

CRIMINAL JUSTICE

CIVIL JUSTICE
SAD
AR
DIW
ANI
ADA
LAT
MOFUSSIL DIWANI
ADALAT
SMALL CAUSE COURT

CRIMINAL JUSTICE
SADAR NIZAMAT
ADALAT

MOFUSSIL
FAUJDARI ADALAT

MERITS :
PERSONAL LAWS OF HINDUS AND MUSLIMS
WERE SAFEGUARDED.
DISTRICT WAS SELECTED AS UNIT OF
ADMINISTRATION.
JURISDICTION OF DIWANI AND FAUJDARI
ADALAT CLEARLY DEFINED.
NATIVE LAW OFFICERS WERE ALSO
APPOINTED.

DEMERITS :

APPLICATION OF PERSONAL LAW WAS NOT


COMPLETE.
PERSONAL LAWS ALLOWED ONLY TO HINDUS
AND MUSLIMS, BUT NOT OTHER COMMUNITIES.
JUDGES WERE ENGLISHMEN, NO KNOWLEDGE
OF PERSONAL LAWS.
COLLECTOR WAS CONFERRED ON EXCESSIVE
POWERS.
NO SEPARATION BETWEEN THE REVENUE
COLLECTION AND ADMINISTRATION OF CIVIL
JUSTICE.

PLAN OF 1774
CIVIL JUSTICE:
THE WHOLE TERRITORIES OF BENGAL,
BIHAR AND ORISSA WERE DIVIDED INTO SIX
DIVISIONS WITH THE HEADQUARTERS AT
CALCUTTA, BURDWAN, MURSHIDABAD,
DINAJPUR, DACCA AND PATNA.
EACH DIVISION CONSISTED OF SEVERAL
DISTRICTS.
IN EACH DIVISION PROVINCIAL COUNCIL
WAS ESTABLISHED.

IN THE PLACE OF COLLECTOR, AN INDIAN


OFFICER DIWAN OR AMIL WAS APPOINTED.
DIWAN WAS TO COLLECT REVENUE UNDER
THE SUPERVISION OF PROVINCIAL COUNCIL.

CRIMINAL JUSTICE:
SADAR NIZAMAT ADALAT WAS SHIFTED
FROM CALCUTTA TO MURSHIDABAD.

MERITS :
THE ENGLISH COLLECTOR WAS REPLACED
BY AN INDIAN OFFICER, CALLED DIWAN.
ON ACCOUNT OF ESTABLISHMENT OF
PROVINCIAL COUNCILS, THE BURDEN ON
THE SADAR DIWANI ADALAT WAS
LESSENED.
REDUCED THE HARDSHIPS OF LITIGANTS.
UNDER THE PLAN ALL CASES DECIDED BY
MOFUSSIL DIWANI WERE APPEALABLE TO
PROVINCIAL COUNCIL.

DEMERITS:
THE PROVINCIAL COUNCIL WERE
CONFERRED ON EXCESSIVE POWERS.
THE SEPARATION BETWEEN THE CIVIL
JUSTICE AND REVENUE COLLECTION COULD
NOT BE MAINTAINED. DIWANS AND
PROVINCIAL COUNCILS BOTH WERE
RESPONSIBLE NOT ONLY FOR THE
COLLECTION OF REVENUE BUT ALSO THE
ADMINISTRATION OF CIVIL JUSTICE.

REORGANIZATION IN 1780:
THE PROVINCIAL COUNCILS ESTABLISHED
UNDER THE PLAN OF 1774 WERE DIVESTED
OF THEIR JUDICIAL POWERS AND FUNCTIONS
AND THEY WERE ONLY TO COLLECT REVENUE
AND DECIDE REVENUE CASES.
THE PROVINCIAL COUNCIL TO DECIDE CIVIL
CASES WAS CONFERRED ON A NEW COURT
ESTABLISHED IN EACH DIVISION KNOWN AS
THE PROVINCIAL COURT OF DIWANI ADALAT
WHICH WAS PRESIDED OVER BY AN ENGLISH
OFFICER.

THE SUPERINTENDANT OF DIWANI ADALAT


WAS APPOINTED BY GOVERNOR AND
COUNCIL.
THIS COURT WAS CONFERRED ON THE
POWER TO DECIDE CIVIL CASES.
COULD REFER SMALL CASES TO
ZAMINDARS.

THE PLAN OF 1781


SIR ELIZAH IMPEY COMPILED A CIVIL
PROCEDURE CODE.
NUMBER OF COURTS INCREASED TO
EIGHTEEN.
NOW INSTEAD OF SUPERINTENDANT HE
WOULD BE CALLED JUDGE.

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