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Introduction: Adalat System Under Lord Cornwallis (17987-1793)
Introduction: Adalat System Under Lord Cornwallis (17987-1793)
(17987-1793)
INTRODUCTION
In 1786, Lord Cornwallis; a nobleman of high rank and aristocratic disposition, succeeded
Sirjoha Macpherson as the Governor-General of India. Lord Cornwallis also put two
conditions in front of the Directors of the Company, before assuming the office of Governor
General. Firstly, that he should be awarded the office of Governor General as well as the
Commander in Chief thereby ensuring his supremacy in civil and military command.
Secondly, the Governor General would be able to overrule the decision of his Council. After
being appointed as the Governor General he recognised the revenue and judicial
administration in three phases of his judicial plan of 1787, 1790 and 1793.
ANALYSIS OF THE PLAN: The plan led to a situation of over centralisation of power to
a single person – Collector. As being the Collector, he was vested with civil revenue and
magisterial powers. Therefore, the judicial plan of 1787, cancelled the separation of revenue
and judicial administration.
JUDICIAL PLAN OF 1790
Lord Cornwallis focused his attention on the administration of criminal justice in his judicial
plan of 1790. He wanted to create reforms. Earlier the administration of criminal justice was
carried on in accordance with the Mohammedan Law of Crime which was full of several
serious defects. The Nawab in charge of the judicial affairs was disinterested. The judges of
the criminal cases were paid less, thus indulging in corruption. Mofussil Faujdari Adalats
were autocratic and tyrannical. The law of evidence under Muslim Criminal Law, was quite
unsatisfactory and irrational.
REFORMS INTRODUCED IN MOHAMMEDAN LAW OF CRIME BY LORD
CORNWALLIS: In case of murder, the intention of the accused, rather than the manner or
instrument used for committing an offence was to be taken in by the Judge. This showed that
“mens rea” was a guiding factor in deciding punishment. The Law of Evidence was further
modified in 1792. Under this law, the discriminatory provisions like religion and sex were
abolished and now all the witnesses were to be treated equally whether male or female;
Hindus or Muslims. Cruel punishments and blood money were abolished.
In order to improve the working of criminal courts, the existing Mofussil Faujdari Adalats
were abolished and three distinct type of courts were established:
COURT OF DISTRICT MAGISTRATE
This court was the lowest criminal court for small offences. The Collector of every district
was to act as the district magistrate. He could try those petty cases, in which imprisonment
was not exceeding 15 days. He was also empowered to conduct initial inquiry in case of
murder, theft and other offences. This Court had jurisdiction over Indians and Europeans
other than the British subjects. The Collector had the responsibility of notifying the date and
time for the visit of Circuit Courts in the District, so that the concerned people have their
issues heard by them. He also kept track of records, data to be examined by Circuit Court.
COURTS OF CIRCUIT
For administrative convenience, the entire territory of Bengal, Bihar & Orissa was divided
into four divisions – Calcutta, Patna, Dacca and Murshidabad. Each Circuit was divided into
Districts, headed by a Collector. The Court of Circuit was established in each division. It
consisted of two English Judges, who were servants of the East India Company. In all matters
submitted to them by the District Adalat, they administered Criminial Justice. They were
assisted by Muslim Law Officers- Qazi and Mufti. They were appointed to expound the law.
The offences of serious nature were to be tried by court of Circuit. The Court of Circuit, had
to send capital cases and cases punishable with life imprisonment to Sadar Nizamat Adalat.
SADAR NIZAMAT ADALAT
The Nawab was divested of all the powers of criminal jurisdiction. The seat of Sadar Nizamat
Adalat was transferred from Murshidabad to Calcutta. The Sadar Nizamat Adalat was to
consist of Governor General and members of the Council. Sadar Nizamat Adalat was to sit at
least once in a week. The Capital Cases (It is a case for murder in which a jury is asked to
decide whether defendant should be put to death if found guilty) and those cases punishable
with imprisonment for life sent by the Court of Circuit to the Sadar Nizamat Adalat for final
decision.
DEFECTS OF THE PLAN: The Court of Circuits were shifting courts that were
overburdened with lawsuits, forcing them to delay moving from one district to another, and
because of the delay, they did not visit certain districts twice annually. There was a lot of
collective power delegated to the Collector by the administration and judiciary, which made
him misuse his power. This plan as well as subsequent judicial plans lost the trust of the
Indians, as they could only see the functioning of English Judges.
OTHER FEATURES:
- The Court fee was abolished.
- Native law officers, were appointed in various courts by the Governor General
&Council for a definite period of time to expound personal laws.
- Legal practitioners were called Vakils and had to obtain a license from Sadar Diwani
Adalat after fulfilling certain qualifications. They could be dismissed by Sadar Diwani
Adalat for professional misconduct.
- Cornwallis made an attempt to bring a uniformity in regulations. He provided that
every Regulation should contain a Preamble, stating the reasons and object for its
enactment.
- Any amendment in any regulation could be made only after giving a reason for it.
- Each regulation was to be divided into sections and sub sections wherever necessary.
This system ensured a uniformity in administration of justice.
CONCLUSION
In Indian legal history, the period of Governor-General Lord Cornwallis (1786-1793)
represents a very notable and highly creative period. He reorganised the judicial process
thoroughly, in Bengal, Bihar and Orissa. He introduced the important principles of
administration, including ‘rule of law’ for the first time. In the judicial administration, he
made very necessary and far-reaching reforms, some of the fundamental concepts of which
still remain relevant. The reforms were made in 1787, 1790 and 1793 by Cornwallis in three
steps. The concept of rule of law, providing reasons for amending laws, presence of
preamble, section, sub section still form vital parts of every regulation in India till date.