 British Raj in India

They Came, They Saw, They Conquered

COLONIALISM

Colonial India

The Portuguese India

The British

The Dutch India

The Danes

French India

Famous for spices

Heavy population

Hub of raw material goods

In those days trade with India was a very profitable to the European Nations.

Traded mainly in spices, cotton, silk, indigo, salt , Gun powder , tea and opium.

As a part of their trade Portugal people were the first people who came India.

Vascodagama of Portugal a new sea route to India via the Cape of Good Hope.

Under the Viceroyalty of Alfanso D’Albuclerk Goa was occupied in 1510.

With the permission of local kings they established trading settlements at Cochin, Diu and Daman.

And at the same time Portuguese established their supremacy over entire Arabian sea.

Dutch East India Company was formed in 1602. They mainly concentrated on Indonesia and few
places in India.

Danes( Denmark): In 1676 they occupied Tanjore (Tamilnadu) and left India by 1845.

French East India Company founded in1664 and firmly established at Chandernagore and Pondicherry
on the east coast.

East India Company

On December 31, 1600, the last day of the sixteenth century, the Queen granted a Royal Charter to
"George, Earl of Cumberland, and 215 Knights" under the name…

“Governor and Company of Merchants of London trading with the East India.”

The charter awarded the newly formed company, for a period of fifteen years, a monopoly of trade
with all countries to the east of the Cape of Good Hope.  

- Constitution

Share holders and members constituted themselves as General Court.

The entire business of the company was to be managed by this court which consisted of a Governor
and twenty four directors.

The members can elect their court of directors for a period of one year.

Court of Directors and General Court were the two impartment bodies to handle the affairs of East
Indian Company.

 Legal powers

The general court was empowered to make and issues order for the good government of itself, its
servants and for the better administration in trade activities.

Company could impose punishments and penalties by way of imprisonment, fines based on the law of
England.

By 1623 company was given power of issuing commissions to any of its presidents of chief officers in
its settlements. It could impose suitable punishments including death.

Thus, the company was armed with adequate authority to enforce discipline amongst its servants.

By the charter 1661, Charles II granted a new powers to the company authorizing the Governor and
Council of each factory to judge all persons, whether they belonging to the company or living under
them, in both civil and criminal according to law of England.

1. Judicial powers was granted to the Governor and Council of a factory

2. Justice was required to be administered according to the English Law

FOOTHOLD IN INDIA

In 1608 it was decided that to open to factory, the name given at the time to a trading depot at Surat.
By 1611 they established treading point at Masulipatnam of South India. It was shifted to Madras in
1639.

The Company achieved a major victory over the Portuguese in the Battle of Swally in 1612.

By 1612 they reached Jahangir court to take permission to open trade point.

Consequently English Company was given permission by the royal formana to open their trade at
several places on the west cost.

In 1615,  Mughal rulers accepted to build factories in Surat and other areas.

Madras Judicial system

In 1639 they got Madras on a lease from local Raja Damarla Venkatadri Nayudu and they were
authorized to construct forts, administer it and coin money on the condition of payments to him of
half of the customs revenue of the port and they constructed a Fort St. George.

Bombay

Bombay acquired from the British Government in 1668 and it was immediately fortified.

Calcutta

1698 the Company acquire the Zamindari of the three villages Sutanati, Kalikata and Govindapur were
it built Fort William around its factory.

 Surat Factory
A Factory was placed consisting of officers, residences, employees and warehouses for storage of
goods.

These factories served as the bases for the growth and expansion of the British power in India

the British people regarding surat as the most suitable place for establishing a factory.

According to the 1615 farmana they were allowed to live according together religion and law

Disputes among them were to be settled by their president and disputes between English and Indians
were to be settle by the native authority of Mughals.

Till, 1687 Surat was the first center of the company activities in India and its administration was under
the President and Governor.

All the decisions in the council meetings were taken by the majority of votes.
President also had one vote like other member no veto power

Under their administration, they maintained dual system of law

English law and Indian Law

English sought to administration of justice to them according to their won law. This towards the
development of the Indian legal system

Each of their presidency they had separate judicial system in Bombay, Calcutta and Madras.

Through the charter 1623 presidents and councils has wide powers.

Justice was administered in a summary manner and none seemed to care for even elementary process
of law

In practice hardly any law was administered.

Cases were decided according to the sense of justice and fairplay of those who had the responsibility
of decide them rather than according to law

All the officials were trades, they did not have even an elementary knowledge in the English law or
any other system of law

In civil cases justice was administered according the personal law

Criminal cases according to Muslim law

 Madras
It was acquire from Hindu Rajah.

Francis Day was the responsible person behind the establishment power in Madras.

The Rajah while granting the land empowered the company to administer neighboring villages.

Town was divided into two parts i.e Black town and white town

The factory was administered in the early stage by Agent and Council.

The entire history of Madras judicial development can be divided in to three stages.
1639-1662

1665-1688

1688-1726

In the 1st stage no systematic judicial system was established.

Agent and Council administered the law over persons residing in the white town of the Fort area.

Their powers were not clearly laid down but they were responsible for deciding both civil and criminal
cases

The serious complicated cases used to be referred to England.

A native court known as Choultry court was established under Adigar, he was responsible regarding
both civil and criminal cases.

By 1652 the company’s servants were appointed to sit on this court.

There was no regular procedure followed by the court in the matters of punishment.

Procedure different from case to case.

In serious cases, diverted to Rajah, who invariably inflect punishments in accordance with principles
of English Law.

 II stage 1665-1688

According to Charter 1661, the status of Madras raised to Presidency level, but it was came into force
from 1665

Subsequently the status of Agent and Council was raised to that Governor and Council, who were also
vested with judicial powers

With the appointment of S. Master as the Governor of Madras in 1678, the whole judicial system was
reorganized.

Governor and Council regularly sat twice in week and tried all cases.

Thus, a new court came into existence known as High Court of Judicature.

The original Choultry court was reorganized and was put under the control of English servants and it
was acted as subordinate court.

 Court of Admiralty
To control illegal trade and unauthorized trading by the independent traders. In order to put check on
such activities the company obtained Charter of 1683.

It empowered the company to establish Court of Admiralty

For the first time in the legal history of Indian judicial system that learned persons in law were
appointed to preside over the court.

This court was to try all the cases of Mercantile and all offences committed on the high seas

In this court all the cases were to be tried according to equality and good conscience and the laws and
customs of the merchants.

- Third stage 1688-1726

The third shape of the judicial system of Maras was given by the charter of 1688.

The company created a Corporation at Madras and consisting of a Mayor, 12 (3+9)Aldermen and 60
(30+30) Burgesses.

The mayor and Aldermen constituted the court and all of then being laymen, a man well versed in law
was attached with the court know as Recorder.

This Company’s court continued up to 1726 when the entire judicial structure created by the company
at various places in India was reorganized.

The judicial system which existed in Madras form 1639-1726 was

1. The Choultry Court

2. The Mayor Court

3. The Admiralty Court

4. The Court of Judicature

In 1756 Siraj-ud-Doula succeeded his grandfather Alivarthi Khan.

By that French and English were use to quarrel each other to prove their supremacy over trade of
Bengal which was most fruitful to the traders.

Then the Nawab of Bengal, Siraj Ud Daulah, attacked the Fort and occupied Fort William on 20th 1756.

With the support of Madras military and Naval forces the British reoccupied Calcutta Fort under the
leader ship of Mr. Clive and this war called Plassy war of 1757.

The English proclaimed Mir Jafar the Nawab of Bengal, same time company granted undisputed right
to free trade in Bengal, Bihar and Orissa. It was also received the zamindari of 24 paraganas district.
It was an important thing in the history of India, which paved the way for the British supremacy over
India.

The rich revenues of Bengal enabled them to organize to organize a strong army.

The Battle of Buxar was fought in October 1764 between the forces under the command of the British
East India Company, and the combined armies of the Nawab of Bengal; Shuja-ud-Daula, the Nawab of
Awadh; and Shah Alam II, the Mughal Emperor.

The battle fought at Buxar (currently in Bihar state, India), a town located on the bank of the Ganges
river, was a decisive battle won by the forces of the British East India Company.

After the Battle of Buxar, Shah Alam II, the ruling emperor, gave up the administrative rights over
Bengal, Bihar, and Orissa (only Midnapore district) and Clive became the first British Governor of
Bengal.

On the deaths of Mir Jafar death, British placed his second son Nizam-ud-Daulah on the throne and
conducted a treaty on 20th Feb 1765.

Company granted deputy Subahdar, who was to be nominated by the company and company became
supreme of Bengal.

The emperor resided in the fort of Allahabad for six years as virtual prisoner of the English company.

The Mughal emperor granted Diwani or the rights to collect revenue of Bihar , Bihar and Orissa.

 DUAL SYSTEM OF GOVERNMENT

By 1765 the English East India Company become the real master of Bengal. Its army was in sole
control of its defense and the supreme political.

The Nawab of Bengal totally depended upon British for both internal and external security.

As the Diwan the company directly collected its revenue, while though the right to nominate Deputy
Subahdar it controlled the Nizmart or the police and Judicial powers. This arrangement is known in
history as the dual or double Government

Company had power without responsibility.

The Nawab and his officials had the responsibility of administration but not the power to discharge it.

1766, 1767 and 1768 alone nearly 5.7 million were drained form Bengal. By this time British Govt.
observed the wealth of the company and ordered to pay 40,0000 £ for every years.

By 1770 the Bengal suffered form a famine which its effects proved one of the most terrible famine
known as human history.
Nearly one lakh people were died and nearly one third of Bengal’s population fell victim to its ravages.

Though the famine was due to failure of the rains, its effects were heightened by the Company’s
Policies.

 Expansion of British Power

The Anglo-Mysore Wars were a series of wars fought in India over the last three decades of the 18th
century between the Kingdom of Mysore and the British East India Company, represented chiefly by
the Madras Presidency .

The fourth war resulted in the conquer of the house of Hyder Ali and Tipu Sultan (who was killed in
the final war, in 1799), and the dismantlement of Mysore to the benefit of its pro-British allies.

 MILITARY EXPANSION

The Anglo-Maratha Wars:  three wars fought in India between the Maratha Empire and the British
East India Company and in the Second Anglo-Maratha War, Marathas defeated by East India Company
and agreed the Subsidiary system.

First Anglo-Maratha War 1777,

Second Anglo-Maratha War 1803

Third Anglo-Maratha War, also known as the Pindari War (1817-1818) finally Peshwa system
abolished and Maratha land merged into Company rule.

 WELLESLEY’S SUBSIDIARY SYSTEM:

Under his Subsidiary system the ruler of the allying India state was compelled to accept the
permanent stationing of British force within his territory and to pay a contributory for its maintance.

Nawab of Awad forced to sign in subsidiary system, Krarnataka and Mysore merged in the system by
1801.

By1803, English forces defeated Maratha peshwas and signed on subsidiary system

The system led to the dismissal of the armies of the protected states. Lakhs of soldiers and official
were lost their jobs and livelihood at the same time they became the rivals of the Company.

 DALHOUSIE’S DOCTRINE OF LAPSE 1848-1856

Under the doctrine, which the ruler of any of the protected state died without a of a natural successor
his state was not to pass to an adopted heir as sanctioned by the age old tradition of the country.

Many states including Satara in 1848, Nagapur and Jhansi in 1854 were annexed by applying this
doctrine. Dalhousie refused to recognize the title of many ex-rulers or their pensions.
Automatically these policies led towards revolt of 1857.

Robert Clive

Lord Warren Hastings

Lord Cornwallis

Lord Wellesley

William Benting

Lord Dollhouse

 Structure of the Government 1757-1857

By 1784 administration of East India Company had been brought under the control of the British
Government and its economic policies were being determined by the needs of British Economy.

There were two reasons behind the British administration.

The chief aim of British Indian administration was the maintance of Law and order and the
continuation of British rule. Without Law and order British could not hope to sell to their goods in
every corner of India.

being Foreigners they could not hope to win the affections of the India people. Therefore, relied on
superior force rather than on public support for the maintance of their control over India.

The British administration in India was based on three pillars

1. Civil services

2. Army

3. Police

-- Civil Services:

The Civil Services were brought into existence by Lord Cornwallis.

The company had form the beginning carried on its trade in the East through servants who were paid
low wags automatically it led towards corruption in the servants

Later when the company became a territorial power, the same servants assumed administrative
functions and they became extremely corrupt.

Cornwallis, who came to India as Governor General in 1786 was determined to purify the
administration and introduced many measures.
To avoid corruption in the administration he raised the salaries of the company servants. In fact
company’s civil service became the highest paid services in the world in those days.

By 1800 Lord Wellesley established the college of Fort William at Calcutta for the education of young
recruits to the civil servants.

Up to 1853 all the appointments to the civil servants were made by the Directors of East India
Company.

In 1853 selection of civil servants made through a competitive Examination. A special feature of the
Indian Civil Service since the days of Cornwallis was rigid and complete exclusions Indians form it.

 Army: The second important pillar of the British reign in India was the army. 

The bulk of the Company’s army consisted of India soldiers recruited chiefly from area at present in
UP and Bihar.

For instance in 1857 the total strength of the army in India was 3,11,400 among them 2,65,900 were
Indians.

At the same time there were only three Indian in the army received a salary of Rs. 300 per month and
the highest Indian officer was subedar.

 Police: The third pillar of British rule was the police whose creator was one again Cornwallis.

He established a separate Police force for maintance of Law and Order in Bengal. Like old police
system of India a modernized old Indian system Thanas were established headed by a Daroga who
was an Indian.

The post of the district superintendent of Police was created to head of the police organization in a
district.

In the villages the duties of the police continued to be performed by villages’ watchmen. Who were
maintained by the villagers.

Establishment of police force resulted a gradual reduction in crimes particularly in dacoit.

The police also prevented the organization of large scale conspiring against foreign control, and when
the nature movement arose, the police used to suppress.

 Judicial Administration of East India Company

The British laid the foundations of a new system of dispending justice through a hierarchy of civil and
criminal courts.

Though given a start Warren Hastings the system was stabilized by Cornwallis.
During Warren Hastings time he established only district level courts.

In each district established a Diwani Adalat of Civil Court and Nizamat Adalat of Criminal courts
presided over by the district Judge, who belonged to the civil service and final appellate authority was
Sadar Diwani Adalat (Provincial Level ).

Civil courts applied the customary law that had prevailed in any area or among a section of the people
since time immemorial.

He introduced a new code in 1793 known as the Cornwallis Code (Judicial reforms) which was based
on the principles of separation of powers.

The judicial system set up by Cornwallis was based on principles of equality and western concept of
Law.

 Courts under Warren Hastings

Sardar Diwani Adalat Sadar Nizamat Adalat

(Civil Court) ( Criminal Court)

District

Diwani Adalat (Civil) Foujudar Adalat (Criminal)

Courts under Cornwallis

Sardar Diwani Adalat Sadar Nizamat Adalat

(Civil Court) ( Criminal Court)

Four Provincial Courts ( Civil and Criminal)

District

Diwani Adalat (Civil) Foujudar Adalat (Criminal)

Registrar courts

Munsiff courts

To deal with criminal cases

Cornwallis divided the presidency of Bengal into four divisions in each of which a court of circuit
presided over by the civil servants was established.

Appeal from the courts of circuits lay with the Sadar Nizamat Adalat.
The criminal courts applied Muslim criminal Law in a modified and less harsh.

In 1831 Williams Bentinck abolished the provincial courts of appeal and circuit. He also raised the
status and powers of the India in the Judicial service and appointed then as Deputy Magistrates,
subordinate Judges.

1833 Character Act enforced all law making powers on Governor General and his council.

This led that Indian were now to live increasingly under man made laws.

British also established a new system of Law through the process of enactment and codification of
law of old law.

In 1833 government appointed law commission headed by Lord Macaulay to codify Indian laws.

Its labour extensively results in the Indian penal Code and Civil Procedure and other codes of Law.

 MADRAS JUDICIAL SYSTEM—

• Surat trade centre 1615

• Madras 1639

• Bombay 1667

• Calcutta 1690

Black town White town

Choultry Court English Court

Adigar Agent and council

Up to 1652 Up to 1661

Two English servants Governor and Council

Civil and criminal Civil and criminal

Courts in Madras before 1678

English Court
Agent and council

Up to 1661

Governor and Council

Choultry Court

Adigar

Up to 1652

Two English servants

Civil and criminal

Courts in Madras after 1678

High Court of Judicature

Governor and Council

Jury

Choultry Court

Three English servants

Civil and criminal

Court of Admiralty

To control illegal trade and unauthorized trading activities of independent trades on high seas, the
company obtained Charter of 1683.

It empowered the company to establish Court of Admiralty.

This court was to try all the cases of Mercantile and all offences committed on the high seas.

• The Court of Admiralty was started in Madras on July, 10 th 1686.

• In the court all cases were to be tried according to mercantile as well as maritime law

• In 1687, Sir John Biggs, a professional lawyer learned in Civil law appointed as Judge.

• For the first time in the legal history of Indian judicial system that learned persons in law were
appointed to preside over the court with assistance of two merchants.

• The court exercised a much wider jurisdiction and dispensed justice in all civil, criminal, maritime
and mercantile.
 • In 1689 court of Admiralty also placed under Governor and council members.

Third stage 1688-1726

• The third shape of the judicial system of Maras was given by the charter of 1688.

• The company created a Corporation at Madras consisting of

• Mayor

• 12 Aldermen (3+9)

• 3 English, 3 Hindus, 1 Frenchman, 2 Portuguese,

3 Jew and Americans

• 60 Burgesses ( 30+ 30)

• Recorder

• The mayor and Aldermen constituted the court and all of them being laymen, a man well versed
in law was attached with the court know as Recorder.

The Mayor and the three senor Aldermen were to be justice of peace.

These Mayor and Aldermen were to form a court of record known as the Mayor court.

The court was authorized to try all civil and criminal cases.

The quorum of the Court was fixed at three ( at least two Aldermen presence must) Only in criminal
cases.

• Appeal from the Mayor’s court lay to the Admiralty Court

• First Mayor and Aldermen nominated by the company.

• Mayor court was authorized to try all civil and criminal cases.

• The quorum of the court was fixed at three –i.e. Mayor and two Aldermen. Only in criminal
cases.

• Witnesses were examined by the Bench

• No Lawyer appeared from any side

• Court dispensed justice not according to any fixed law.

• It was based on summary way according to justice and good conscience and rule and regulations
of East India Company.
 • Appeals from Mayor’s court lay to the Admiralty court.

• 1712 the governor and Council decided that it could award death sentence to the natives only.

• This Company’s courts continued up to 1726 when the entire judicial structure created by the
company at various places in India.

The Court of Judicature

Governor and Council

The Admiralty Court

Law expert

Two Merchants

The Mayor Court

Mayor

3 Aldermen

The Choultry Court

Three British servants

BOMBAY JUDICIAL SYSTEM –

The Court of Judicature

Governor and Council

The Admiralty Court

Law expert

Two Merchants

The Mayor Court

Mayor

3 Aldermen

The Choultry Court

Three British servants

 Bombay Judicial system

• First phase:1668-1684

• Second Phase:1684-1690

• Third Phase: 1718-1726

• The Portuguese were the first Europeans nation to acquire the Island of Bombay in 1534.

• In 1661 the Portuguese king Alfonsus VI transferred the Island to Charles II, as dowry on
marriage of his sister Princess Catherine with British king.

• It transferred to the East India Company in 1668.

• The charter empowered the company to make laws for the good government of the Island and
also authorized to create courts to judge all persons all actions.

Both civil and criminal powers were given to the company and they could inflect any punishment based
on English law.
the charter 1668 marks that the transition of the company from a trading company to a Sovereign
invested with powers of civil and military Government.

Deputy Governor and Council were appointed to administer Bombay.

The first judicial system was established in 1670 with efforts of Aungier.

 Bombay 1670 -

Division I

Bombay, Mazagaon and Girgon

Division II

Mahim, Parel, Sion and Worli

Division I

Bombay, Mazagaon and Girgon

Customs officer

five judges

Division II

Mahim, Parel, Sion and Worli

Customs officer

five judges

Each Division

Customs officer

five judges/justice of peace

• A court consisting five judges was started in each division.

• A customs officer of each division, was to be president of respective court.

• The court was authorized to decide all cases and required to keep a register and had to submit
their reports to the deputy governor.
 • Causes beyond the jurisdiction and limits of the local courts placed under deputy governor and
council.

• The deputy governor and council were constitute a superior court.

• By means of standard, the system of 1670 was very elementary and suffered from several
drawbacks.

• No division between executive and the judiciary.

• Administration of justice was committed to traders who had no knowledge of law and who
received no salary for judicial work done by them.

• The old system abolished in 1672, and the new courts came into existence.

Court of Judicature

Civil Jurisdiction

Wilcox

Jury ( 12 British )

( once in a week)

Criminal Jurisdiction

Wilcox

4 Justice of peace

Bombay, Mahim, Mazagaon and Sion

( once in MoNTH

Criminal Court

Wilcox

4 Justice of peace 1

Court of conscience

Wilcox

Civil
One in a week

Courts from 1672

Deputy Governor Court

Governor with Council

Court of Judicature

Wilcox with a Jury

Court of conscience

Wilcox

Judicial system of 1672

Court of Judicature:

Civil Jurisdiction ( once in a week)

Mr. Wilcox appointed as judge and all civil and criminal matters placed under him.

All the civil cases were to be tried with held of Jury.

Jury would usually consist of 12 Englishmen

A nominal court fee was imposed on civil cases.

Criminal Jurisdiction ( once in a Month )

Bombay divided into four section Bombay Mahim, Mazagaon and Sion.

For each section a person name Justice of peace was appointed worked as a Community Magistrate

The justice of peace held a preliminary examination of witness against an accused.

Appeals from the court lay to the Deputy governor and council of Bombay

Court of Conscience

For deciding the cases in summary manner this court was established.

The jurisdiction made available to this court was to decide petty cases up to the values of Rs. 25

Central Court
Deputy Governor and Council was empowered to decide major cases in additional to hearing appeals
from the lower courts.

Court of Admiralty

With the charter of 1683, a court of admiralty established in 1684.

The company sent from England Dr. John, a person learned in the civil law to preside in the court as the
Judge Advocate.

Keigwin’s rebellion had put an end to the operative judicial system and no other court except the
Admiralty Court in between 1684-85.

• Disputes between governor and Dr. John, led to establishment of new court on the same lines as
the court of 1672.

• Court of judicature established again and a Bombay council member acted as judge.

• Dr. John was acting as an independent officer.

• Governor could not tolerate the independency of Judiciary;

• they regarded the judiciary as subservient to the executive.

• In 1690, Bombay was attacked by Mughal Admiral Siddi put and to the judicial system.

1718-1726

Central court

Civil and criminal

Chief justice

9 judges

5 British

4 natives

Hindus, Mohammedans, Portuguese and Parsis

By 1718, a new court of Judicature was established in Bombay

This court was consisted with nine judges including chief Justice.

All the civil and criminal cases placed under this court.

The Indian judges did not enjoy the equal status with British judges.
Indian judges

The Indian judges are not mentioned, not by the name individually, but collectively as “ Black justice”

 Calcutta

• By 1690 the company secured the zamindari of three villages of Kalikata, Sutanati and
Govindapur.

• They established factory by 1691 and fortified in 1698.

• In 1699, the status of the Calcutta was raised to that of a Presidency.

• Governor and council were entrusted with all the necessary administrative and judicial powers.

• The collector who was the company’s officer, appointed for the collection of tax in the
presidency.

• Collector was the responsible person for both civil and criminal cases in the three villages. He
acted like, mughals Faujdar.

• The company started that the three presidency towns of Calcutta, Madras and Bombay

• Increasing population, trading activities, administrative responsibilities and legal issues between
servants and company.

• Courts under direct Royal authority

• Mayor

• 9 Aldermen

• ( 7 natural born subjects of crown+ 2 subjects of any prince or state in amity)

• Sheriff

Judicial system

• The Mayor and the Aldermen were to constitute the Mayor’s Court

• The quorum of the court was to be three

• The court was to have authority to hear and try all civil suits arising with the town and its
subordinate factories

• The First appeal from the court lay within fourteen day to the Governor and Council.
• Further appeal could be lodged within fourteen days with the King-in-Council

• Sheriff:

• A sheriff have jurisdiction within the presidency town and for ten miles around, was to be
chosen annually by the Governor and Council

• Criminal jurisdiction

• Governor and five council members

• three justice of peace collectively were to form a court record.

• Legislative powers

• The charter empowered the Governor and Council of each presidency town make bye-laws,
rules and ordinance for the good government and regulation of corporation and the inhabitants
of the settlement.

 CALCATTA AND 1726 UNIFORM JUDICIAL REFORM –

• Calcutta

• By 1690 the company secured the zamindari of three villages of Kalikata, Sutanati and
Govindapur.

• They established factory by 1691 and fortified in 1698.

• In 1699, the status of the Calcutta was raised to Presidency.

• Governor and Council were entrusted with all the necessary administrative and judicial powers.

• The collector who was the company’s officer, appointed for the collection of tax in the
presidency.

• Collector was the responsible person for both civil and criminal cases of British in the three
villages. He acted like Mughal’s Faujdar.

 CHARTER OF 1726

• GENESIS OF THE CHARTER

• Political and commercial activities of the company were increasing day by day.
 • Absence of competent court in India.

• Many occasions arose when decisions of the courts in India were questioned or contested in the
British courts.

• Need to create uniform rules and system in corporations of all presidency towns.

• Charter issued to the company by king George I on the 24 th sept.1726.

• Introduced uniformity of approach in all three presidencies.

Legislative powers

• Established a local legislature in each presidency town.

• The Governor-in-Council of each presidency town was entrusted with powers to make by-laws,
rules and regulations for better administration in the corporations and settlements with the
prior approval of the Board of Directors.

• Charter of 1726 for the first time created a subordinate legislative authority in each of the three
presidency town of India.

• Each presidency town was to have a Corporation consisting a Mayor and nine Aldermen.

• The Mayor was to hold for a year and was to be continued as Aldermen thereafter.

• Every year the Mayor was to be elected from amongst the Aldermen by the Aldermen and out
going Mayor.

• A vacancy amongst Aldermen was to be filled by the Mayor and the Aldermen from the principal
inhabitants of the town.

• The Governor-in-Council was empowered to dismiss or remove any Aldermen on reasonable

cause

Changes in Judicial system

• The Charter Established Civil and Criminal Courts in the Presidency Towns.

• The charter constituted a Mayor’s Court for each of the presidency.

• These courts designated as the Royal courts and source of authority was crown, who was
regarded as the fountain of justice.

• The charter also initiated the system of appeals from the courts in India to King-in-Council or
Privy council in England.

• Bridge between English and Indian legal system.

 Civil Criminal

Mayor court Governor and council

9 Aldermen 5 council members

( 7+2)

Sheriff

two Aldermen could be subjects of any prince of state in amity with great Britain

seven Aldermen had to be the natural born subjects of the Crown.

• In each presidency town the Mayor and two Aldermen were to constitute the mayor’s Court.

• The quorum of the court was to be there

• Court was to have authority to hear and try all Civil suits arising with in the town and
subordinate factories.

• CRIMINAL JURISDICTION

• Criminal jurisdiction in each presidency town was vested in the Governor and five senior
members in the Council.

• Each of them individually acted as a justice of peace their respective division.

• A justice of peace could arrest persons accused of committing crimes, punish those who guilty of
minor crimes.

• They hold quarter sessions four times a year to try and punish criminals except high reasons.

• All technical forms and procedure of the England criminal justice were introduced in the
Presidency towns.

 CHARTER OF 1726 VS. CHARTER OF 1687

 1726

• Applied to all presidency towns

• Jurisdiction in civil cases only

• Appeals lay to Governor and council, and then to king- in- Council

• Royal court

• Court of English law

 1687

• Applied to Madras only

• Wider jurisdiction (civil and criminal)

• Appeals lay to admiralty courts

• Company court

• Court of equity

Civil Criminal

Governor and Council Governor and Council

Civil court (Corporation) 5 justice of Peace

Mayor Justice of peace court

9 Aldermen

 Charter 1753

• To put an end to the administrative problems and disputes in presidency towns in between
Governor and Mayor court.

Changes

• Aldermen were to be appointed by the Governor and Council.

• The Mayor, the Governor and Council were to select one out of a panel of two names of
Aldermen submitted by the corporation every year.

• dismissal power of Aldermen also vested with the Governor and council.

• The Mayor Court lost much of its former autonomy and independence.

• The Mayor Court was debarred from entertaining a case and action between the natives

• until both parties accepted to approach Mayor Court

• Mayor’s Court was specially empowered to hear suits against the Company.

Court of Requests

to decided cases cheaply, summarily and quickly, cases up to 15 rupees

 • To help poor litigants with small claims who could not pay the expenses at Mayor’s Court.

• The court was to sit once a week and was to be manned by 8-24 commissioners.

• Half of the commissioners were to be retire every year and places were to be filled in by the
ballot by the remaining commissioners.

• Three commissioners were to sit by rotation on every court day.

• 1753 Charter

Court of Request Commissioners

The Mayor’s Court Mayor

The court of the President and Council

Privy Council

Criminal cases

Justice of peace a quarter court

Madras judicial system in three stages

1. The High Court of Madras. 1678

2. The Admiralty Court 1683

3. The Mayor Court 1687/88

4. The Choultry Court local court

Bombay 1st Phase

Division I Division II

Customs officer Customs officer

five judges/ five judges/

Justice of peace Justice of peace

II Phase Bombay 1672

 Central Court

Deputy governor and council

Court of Judicature ( weekly )

Civil Criminal

Wilcox Wilcox

Jury 4 justice of peace

Bombay divided in 4 division

Each division

Court of Conscience Justice of peace court

Wilcox Criminal jurisdiction

only civil jurisdiction

1718-1726 3rd Phase

Central court

Civil and criminal

Chief justice

9 judges

5 British

4 natives

Hindus, Mohammedans, Portuguese and Christians or Parsis

 India Between 1717 to 1765

• In 1717, Farrukhsiyar granted a firman to the East India Company granting them duty-free
trading rights for  Bengal and strengthening their ports on the east coast.

• The state Hyderabad was founded by Nizam-ul-Mulk Asaf Jah in 1724.

• Saadat Khan declared himself as a independent ruler in Awadh in 1722.

• Mysore was under Haidar Ali.

• Murshid Quli Khan and Alivarthi Khan made Bengal virtually independent in 1717.
• After death of Murshid Quli Khan in 1739 Alivarthi Khan became the sole authority of Bengal.

• Alivarthi Khan tried to control the British activities in Bengal

• In 1756 Siraj-ud-Daulah grandson of Alivarthi Khan came to throne.

• British were imposing heavy taxes on Indian goods entering in Calcutta port.

• He ordered both French and British to demolish their forts at Calcutta.

• Siraj-ud-Daulah seized the English factory and occupied Ford William on 20 th June, 1756.

• With the help of Madras naval and army British reoccupied Calcutta in 1757.

• The English Proclaimed Mir Jafar the Nawab of Bengal.

• The company was granted undisputed right to free trade in Bengal, Bihar and Orissa.

• It also received the zamindari of the 24 Paragana district.

• It paved the way for the British power in Bengal.

• The rich revenues of Bengal enabled them to organize to organize a strong army.

• The Battle of Buxar was fought in October 1764 between the forces under the command of
the British East India Company, and the combined armies of 

• the Nawab of Bengal, 

• Nawab of Awadh (Shuja-ud-Daula)

•  the Mughal Emperor (Shah Alam II)

• The battle fought at Buxar and the battle won by the forces of the British East India Company.

• After the Battle of Buxar, Shah Alam II, the ruling emperor, granted Diwani or tax collection
rights over Bengal, Bihar, and Orissa (only Midnapore district) and Clive became the first
British Governor of Bengal.

• Company granted deputy Subahdar, who was to be nominated by the company.

• Nizamart or the police and Judicial powers also under British, as deputy Subahdar of Bengal

• This arrangement is known in history as the dual or double Government.

• The emperor resided in the fort of Allahabad for six years as virtual prisoner of the English
company.
 • By 1765 the English East India Company become the real master of Bengal. Its army was in sole
control of its defense and the supreme political.

• The Nawab of Bengal totally depended upon British for both internal and external security.

• As the Diwan the company directly collected its revenue, while though the right to nominate
Deputy Subahdar it controlled the Nizmart or the police and Judicial powers. This arrangement
is known in history as the dual or double Government

• Company had power without responsibility.

• The Nawab and his officials had the responsibility of administration but not the power to
discharge it.

• 1766, 1767 and 1768 alone nearly 5.7 million were drained form Bengal. By this time British
Govt. observed the wealth of the company and ordered to pay 40,0000 £ for every years.

• By 1770 the Bengal suffered form a famine which its effects proved one of the most terrible
famine known as human history.

• Nearly one lakh people were died and nearly one third of Bengal’s population fell victim to its
ravages.

• Though the famine was due to failure of the rains, its effects were heightened by the Company’s
Policies.

Expansion of British Power

• The Anglo-Mysore Wars were a series of wars fought in India over the last three decades of the
18th century between the Kingdom of Mysore and the British East India Company, represented
chiefly by the Madras Presidency .

• The fourth war resulted in the conquer of the house of Hyder Ali and Tipu Sultan (who was killed
in the final war, in 1799), and the dismantlement of Mysore to the benefit of its pro-British
allies.

• MILITARY EXPANSION

• The Anglo-Maratha Wars:  three wars fought in India between the Maratha Empire and

the British East India Company and in the Second Anglo-Maratha War, Marathas defeated by
East India Company and agreed the Subsidiary system.

• First Anglo-Maratha War 1777,

• Second Anglo-Maratha War 1803

 • Third Anglo-Maratha War, also known as the Pindari War (1817-1818) finally Peshwa system
abolished and Maratha land merged into Company rule.

WELLESLEY’S SUBSIDIARY SYSTEM:

Under his Subsidiary system the ruler of the allying India state was compelled to accept the permanent
stationing of British force within his territory and to pay a contributory for its maintance.

Nawab of Awad forced to sign in subsidiary system, Krarnataka and Mysore merged in the system by
1801.

By1803, English forces defeated Maratha peshwas and signed on subsidiary system

The system led to the dismissal of the armies of the protected states. Lakhs of soldiers and official were
lost their jobs and livelihood at the same time they became the rivals of the Company.

DALHOUSIE’S DOCTRINE OF LAPSE 1848-1856

• Under the doctrine, which the ruler of any of the protected state died without a of a natural
successor his state was not to pass to an adopted heir as sanctioned by the age old tradition of
the country.

• Many states including Satara in 1848, Nagapur and Jhansi in 1854 were annexed by applying this
doctrine. Dalhousie refused to recognize the title of many ex-rulers or their pensions.

• Automatically these policies led towards revolt of 1857.

• Robert Clive

• Lord Warren Hastings

• Lord Cornwallis

• Lord Wellesley

• William Benting

• Lord Dollhouse

•
Structure of the Government 1757-1857

• By 1784 administration of East India Company had been brought under the control of the
British Government and its economic policies were being determined by the needs of British
Economy.

• There were two reasons behind the British administration.

The chief aim of British Indian administration was the maintance of Law and order and the continuation
of British rule. Without Law and order British could not hope to sell to their goods in every corner of
India.

• being Foreigners they could not hope to win the affections of the India people. Therefore,
relied on superior force rather than on public support for the maintance of their control over
India.

• The British administration in India was based on three pillars

1. Civil services

2. Army

3. Police

Civil Services:

• The Civil Services were brought into existence by Lord Cornwallis.

• The company had form the beginning carried on its trade in the East through servants who were
paid low wags automatically it led towards corruption in the servants

• Later when the company became a territorial power, the same servants assumed administrative
functions and they became extremely corrupt.

• Cornwallis, who came to India as Governor General in 1786 was determined to purify the
administration and introduced many measures.

• To avoid corruption in the administration he raised the salaries of the company servants. In fact
company’s civil service became the highest paid services in the world in those days.

• By 1800 Lord Wellesley established the college of Fort William at Calcutta for the education of
young recruits to the civil servants.

• Up to 1853 all the appointments to the civil servants were made by the Directors of East India
Company.

• In 1853 selection of civil servants made through a competitive Examination. A special feature of
the Indian Civil Service since the days of Cornwallis was rigid and complete exclusions Indians
form it.

• Army: The second important pillar of the British reign in India was the army. 

• The bulk of the Company’s army consisted of India soldiers recruited chiefly from area at
present in UP and Bihar.
• For instance in 1857 the total strength of the army in India was 3,11,400 among them 2,65,900
were Indians.

• At the same time there were only three Indian in the army received a salary of Rs. 300 per
month and the highest Indian officer was subedar.

• Police: The third pillar of British rule was the police whose creator was one again Cornwallis.

• He established a separate Police force for maintance of Law and Order in Bengal. Like old police
system of India a modernized old Indian system Thanas were established headed by a Daroga
who was an Indian.

• The post of the district superintendent of Police was created to head of the police organization
in a district.

• In the villages the duties of the police continued to be performed by villages’ watchmen. Who
were maintained by the villagers.

• Establishment of police force resulted a gradual reduction in crimes particularly in dacoit.

• The police also prevented the organization of large scale conspiring against foreign control, and
when the nature movement arose, the police used to suppress.

Judicial Administration of East India Company

• The British laid the foundations of a new system of dispending justice through a hierarchy of civil
and criminal courts.

• Though given a start Warren Hastings the system was stabilized by Cornwallis.

• During Warren Hastings time he established only district level courts.

• In each district established a Diwani Adalat of Civil Court and Nizamat Adalat of Criminal courts
presided over by the district Judge, who belonged to the civil service and final appellate
authority was Sadar Diwani Adalat (Provincial Level ).

• Civil courts applied the customary law that had prevailed in any area or among a section of the
people since time immemorial.

• He introduced a new code in 1793 known as the Cornwallis Code (Judicial reforms) which was
based on the principles of separation of powers.

• The judicial system set up by Cornwallis was based on principles of equality and western
concept of Law.
Courts under Warren Hastings

Sardar Diwani Adalat Sadar Nizamat Adalat

(Civil Court) ( Criminal Court)

District

Diwani Adalat (Civil) Foujudar Adalat (Criminal)

Courts under Cornwallis

Sardar Diwani Adalat Sadar Nizamat Adalat

(Civil Court) ( Criminal Court)

Four Provincial Courts ( Civil and Criminal)

District

Diwani Adalat (Civil) Foujudar Adalat (Criminal)

Registrar courts

Munsiff courts

To deal with criminal cases

• Cornwallis divided the presidency of Bengal into four divisions in each of which a court of circuit
presided over by the civil servants was established.

• Appeal from the courts of circuits lay with the Sadar Nizamat Adalat.

• The criminal courts applied Muslim criminal Law in a modified and less harsh.

• In 1831 Williams Bentinck abolished the provincial courts of appeal and circuit. He also raised
the status and powers of the India in the Judicial service and appointed then as Deputy
Magistrates, subordinate Judges.

• 1833 Character Act enforced all law making powers on Governor General and his council.

• This led that Indian were now to live increasingly under man made laws.

• British also established a new system of Law through the process of enactment and codification
of law of old law.

In 1833 government appointed law commission headed by Lord Macaulay to codify Indian laws.
Its labour extensively results in the Indian penal Code and Civil Procedure and other codes of Law.

Legal and Constitutional history of India

• Colonialism, its nature and Introduction on British advent

• Judicial pattern between 1726-1773

• Madras, Bombay and Calcutta Judicial system

• 1773 Regulating Act

• Establishment of supreme court of Calcutta and some cases of Nand Kumar, Patna case,
Cossijurah, and Kamaludin

• Adalat system and reforms-

• Judicial plans of Warren Hastings 1772, 1774,1780 and 1781

• Indian Settlement Act 1781, Pitt’s Act of 1784

• Judicial reforms of Cornwallis 1787, 1790 and 1793.

• Development of personal laws and their administration by the British- Defects of Islamic criminal
law and development of criminal law.

• Charter Act of 1813, 1833, 1853 and Queen’s Proclamation of 1858.

• Codification of Laws 1833 and 1853.

• Judicial reforms of Lord William Bentinck.

• Establishment of High Courts under the Indian High Courts Act, 1861.

• Privy Council Federal court -an appraisal

• Development of the Legal profession.

• Indian Council Act, 1861

• Indian Council Act, 1892

• Indian Council Act, 1909

• Indian Council Act, 1919

• Indian Council Act, 1935

• Government of India Act 1947.

 1773 Regulating Act -

- Reasons behind 1773 Act

• Territorial expansion

• Corruption amongst the servants of company

• Problems of dual government

• Lack of proper judicial administration

• Lack of central authority to control and guide the affairs of the company.

• Company’s defeat in 1769 at the hands of Haidar Ali of Mysore.

• Terrible famine in Bengal in 1770

• Deteriorating finical condition of the company

 • The Company applied for a loan of one Million Pounds in 1772

The British Parliament appointed two committees

Secret Committee

Select committee

Based on the recommendations

1. Granted to the company a loan of £ 1.4 millions at 4% interest

2. Regulating Act, 1773

 Main objectives of the Act were

To bring the management of the Company under the direct control of British Parliament and the British
crown.

To introduce reforms in the company’s constitution at home.

To bring about reformation of the Company’s Government in India

To provide adequate remedies against corruption, briary and misusing of power among the servants of
the company.

 Salient features of Act

=- Change in the constitution of the Company

Election for Directors

The directors of the company were elected for a period of four years, one-fourth of them were to
retire every year.

The voting qualification for the Court of Proprietor’s was restricted to only those shareholders’ who had
a stock of £ 1000.

Control over correspondence:

the directors were required to place their all correspondence, regarding revenue, civil and military
affairs, to the Secretary of State and Treasury.

Reorganization of the Company’s Government of Bengal

A Governor General and four council members were appointed for the Presidency of Calcutta for a
period of five years for civil and military administration.
A casual vacancy in the office of the Governor General was to be filled by the senior most member of
the Council and

vacancy in the Council was to be filled by the company with consent of the British Crown.

Richard Barwell, General Clavering, Phillip Francis and Colonel Manson were appointed as members.

The decisions of the Council were to be on the basis of majority votes and in case of a tie, the Governor
General could exercise his casting vote.

The Governor General and Council was given all the powers to extent the company’s territorial
acquisition in India.

Madras and Bombay presidencies were placed under the control and superintendence of Governor
General–in-Council while exercising their power to make war and peace.

Section 13 of the Act empowered the crown to establish a Supreme court of Judicature at Fort William,
Calcutta.

- Legislative powers

The Governor and Council were authorized to make and issue rules, ordinances and regulations for the
good order of civil governments of Company’s settlements.

First they have to publish the proposed rules and regulations in local areas for a period of twenty day.

The rules and ordinances were to be registered at Supreme Court.

Even after their registration, any person ( in India or England ) was legally entitled to file an appeal
against such regulations to the King-in-Council with in the sixty days.

- Restriction

Company officials were prohibited from engaging themselves in private trade and also from accepting
presents or gifts in various forms.

• Supreme Court of Judicature

The Supreme Court consist of a Chief Justice and the three other judges, being barristers of not less
than five years standing to be appointed by His Majesty.

Sir. Elijah Imphey as Chief Justice and three judges all them were appointed by King.

The Court was authorized to establish rules of practice and process.

  Supreme Court of Judicature at Calcutta

• Section 13 of Regulating Act empowered British Crown to establish a supreme Court of

Judicature at Calcutta.

• The British Crown issued a Charter of 1774 to establish a supreme court.

The Supreme Court was to consist of a Chief Justice and the three other judges to be appointed by the
Crown

barristers of not less than five years standing were to be appointed by His Majesty.

Sir. Elijah Imphey as Chief Justice and three judges were appointed by King.

The Court was authorized to establish rules of practice and process.

 Jurisdiction

Supreme court was given very wide jurisdiction covering every possible type of litigations going on the
Indian courts in those days.

Cases against company

corporation of Calcutta

British subjects

the servants of the company

the inhabitants of Calcutta

- Civil jurisdiction

Court had jurisdiction in civil cases of East India Company and His Majesty's subjects

British subjects residing in Bengal, Bihar and Orissa; or

persons employed directly or indirectly under the employment or service of the company by the
company; or
 inhabitants of Bengal, Bihar and Orissa who have voluntarily agreed in writing to refer their disputes to
the supreme court.

• Supreme Court also given permission to accept cases against the Governor General and any of
his council members.

any inhabitant of Bengal, Bihar and Orissa, if he entered into a written agreement with any His Majesty
subjects.

- Criminal Jurisdiction

The court was not given jurisdiction over all the native Indians residing in Calcutta and territories
Bengal, Bihar and Orissa.

This jurisdiction extend to British subjects, their servants and the persons in service of the company.

Supreme Court had given permission to accept the cases against Governor General and his Council
members,

but court had no power to arrest or imprison on any of them in any action.

The Supreme Court was also empowered to suspend the execution of any capital sentence if in its
opinion it was a fit case for mercy.

The court was required to follow as for as possible, the Criminal Procedure of British courts.

Admiralty Jurisdiction

The court was vested with the jurisdiction which was available to court of Admiralty in England in all
matters.

civil and Maritime and all m crimes committed upon vessels, ships and high seas.

This jurisdiction extended to all British subjects and persons who were directly or indirectly in the
service of the company, all British subjects who were residing three areas of Bengal.

Ecclesiastical Jurisdiction

The court was authorized to exercise Ecclesiastical jurisdiction over British subjects residing in Bengal,
Bihar and Orissa.

According to the ecclesiastical law providing in the Diocese of London.

Equality Jurisdiction

As a court of equality, it was given all the powers, which were available to the High Court of Chancery in
England.
Any person felt aggrieved could approach the Chancellor which did justice according to his conscience
and not bound by any technicalities of law.

 Writ Jurisdiction

This was most important jurisdiction which was made available to the court.

By the issue of the prerogative writs in the nature of mandamus, certiorari , procedendo it could
effectively control all the subordinate courts as well as other authorities created by the company.

Mandamus

A judicial writ issued as a command to an inferior court or ordering a person to perform a public or
statutory duty.

Certiorari

A writ or order by which a higher court reviews a decision of a lower court.

Procedendo

 It is a writ that sends a case from an appellate court to a lower court with an order to proceed to
judgment.

"The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior
jurisdiction to proceed to judgment.

 Defects of Act

• Conflict between Governor and Council members

• The “imminent necessity” undefined

• Undefined position of the Company and legislative powers of Governor Council.

• Conflict between judiciary and executive

• It was not clearly defined as that who were to be considered as British Subject

• That unclear terms and wide interpretations on British subjects

• Clashes between Supreme Court and regular hierarchy of courts

• The Regulating Act or 1774 Charter was silent abut the law to be administered in the Supreme
Court.
  British Raj in India

• They Came, They Saw, They Conquered

 Adalat system

• As Diwan the company became responsible for administration of civil justice and land revenue.

• 1764 to 1772 collection of revenue was under indigenous machinery.

Two prominent natives Mohamed Reza Khan and Raja Shitab Roy appointed as Company’s Diwan at
Murshidabad and Patna respectively.

At both the places of two separate English officers were appointed to supervise the work of Indian
officers.

The English servants of the company misused their power and position to meet their selfish ends,

which ultimately led to the exploitation of the people of Bengal and encouraged corruption, bribery and
misappropriation.

To tackle all the problems and to remove corruption from the administration of justice, Warren Hastings
appointed in Bengal.

He appointed a committee consisting of the Governor and four members of the Council called the
‘Committee of Circuit’.

The committee prepared a Judicial Plan on

August 15th 1772 to regulate the administration justice and revenue collection.

The judicial plan of Warren Hasting consisted of 37 regulation deal with civil and criminal justice.

Under the his plan Bengal presidency into 36 districts, each having an English official called the
‘Collector’ as its head.

Courts were required to maintain an up-to-date record

Collectors were empowered to make subsidiary regulations for proper administration of justice.

Bengal served as a laboratory where experiments were made in the Adalat system, and when
workable results were obtained, they were transmitted to the provinces of Bombay and Madras

Courts under Warren Hastings 1772

Civil Courts
Sardar Diwani Adalat ( above Rs. 500)

Governor, 2 members

Mofussil Diwani Adalat ( up to Rs.500)

Kazi and Pandit

Court of Head Farmer ( Rs.10)

Courts under Warren Hastings 1772

Criminal Courts

Sadar Nizamat Adalat

(Daroga)

Kazi, Mufti, 3 Maulvi

Mofussil Foujudar Adalat

Kazi, Mufti and Maulvi

Courts under Warren Hastings 1772

Civil Courts Criminal Courts

Sardar Diwani Adalat Sadar Nizamat Adalat

Governor, 2 members (Daroga)

Kazi, Mufti, 3 Maulvi

Mofussil Diwani Adalat Mofussil Foujudar Adalat

Kazi and pandit Kazi, Mufti and Maulvi

Court of Head Farmer

Courts 1774

Civil Criminal (Nawab)

 Sardar Diwani Adalt Sadar Nizamat Adalat

Provincial Council of Appeal

(4 to 5 Council Members)

Mofussil Diwani Adalat Mofussil Foujudar Adalat

Amin or Diwan

Courts 1780

Revenue Civil Criminal

Sardar Diwani Adalat Sadar Nizamat Adalat

Provincial Council ( Divisions) Diwani Adalat

(Revenue ) (Superintendent)

Public Officers of Court Mofussil Foujudar Adalat

CRIMINAL COURTS 1781

(Plans of Elijah Impey)

Remembrance of Criminal Court

Sadar Nizamat Adalat

Mofussil Foujudar Adalat

  Courts under Warren Hastings 1772

Civil Courts Criminal Courts

Sadar Diwani Adalat Sadar Nizamat Adalat

Governor, 2 members Kazi, Mufti, Maulvi

Mofussil Diwani Adalat Mofussil Foujudar Adalat

Kazi and pandit Kazi, Mufti and Maulvi

Court of Head Farmer

Bengal 1774

Sardar Diwani Adalt

Provincial Council of Appeals

Calcutta Burdwan Murshidabad Dinajpur Dacca Patna

6 6 6 6 6 6

Mofussil Diwani Adalat 36

Amin or Diwan

Courts 1774

Civil Criminal (Nawab)

( Murshidabad )

Sardar Diwani Adalt Sadar Nizamat Adalat

Provincial Council of Appeal

(4 to 5 English servants)
 Mofussil Diwani Adalat Mofussil Foujudar Adalat

Amin or Diwan

Courts 1780

Revenue Civil Cases

Sardar Diwani Adalat

( Above Rs1000)

Provincial Council Appeal Provincial Diwani Adalat

(Revenue ) (Superintendent)

( Rs 1000)

Mofussil Diwani Adalat

( Rs.100)

1772

Sadar diwani Adalat

Governor, 2 members

Mofussil Diwani Adalat (district)

Collector

Kazi and pandit

Court of Head Farmer (Paragana)

Amin

1774

Sadar Diwani Adalt

Governor, 2 members
Provincial Council of Appeal

4 to 5 English servants

Mofussil Diwani Adalat ( District)

Amin or Diwn

1774

Sadar Diwani Adalt

Governor , 2 members

Provincial Council of Appeal

4 to 5 English servants

Mofussil Diwani Adalat

Amin or Diwn

1780

Sadar Diwani Adalat

( Above Rs1000)

Revenue Civil Court

Provincial Council Provincial Diwani Adalat

(Superintendent) ( Rs 1000)

Mofussil Diwani Adalat

( Rs.100)

1781

Sadar Diwani Adalat

( Above Rs1000)

Provincial council of appeals 18

Revenue Civil Court

Provincial Council Provincial Diwani Adalat

(Superintendent) (Rs.1000)

(Pandit, Muftis and Maulvis )

Mofussil Diwani Adalat

( Rs.100)

CRIMINAL COURTS 1781

(Plans of Elijah Impey)

Remembrance of Criminal Court (Calcutta)

Sadar Nizamat Adalat

Mofussil Foujudar Adalat

Sir Elijah Impey complied a Code of Civil Procedure which was first of its kind in India for the guidance of
the Courts and litigants.