WARREN HASTINGS PLAN

1772, 1774 AND 1780

WARREN HASTING PLAN OF 1772

 In the later 1750, the mughal empire was began to disintegrate.

 During Mughal period the Zamindars (landlords) were
empowered to administration of justice and hear all petty civil
and criminal cases.

GRANT OF DIWANI TO EIC:

 In 1757, the East India Company defeated the Nawab of Bengal
in Battle of Plassey and defeated the Emperor Shah Alam in
Battle of Buxar in 1764.
 In 1765, Lord Clive was sent from England to India as
Governor of Bengal and the Mughal Emperor granted Diwani
of Bengal. Bihar and Orissa to the Company as an exchange of
26 lakhs to be paid by the company to the Emperor annually.
 The company much interested in the military force and under
an agreement the Nawab handed over the military
administration into the Company for an exchange of 53 lakh
rupees to the Nawab annually.
DUAL GOVERNMENT OF BENGAL
 During mughal emperor the Nawab was high dignitary and he
performed 2 main functions
1. Diwani- Collection of revenue and civil justice

2. Nizamat- military power and criminal justice.

 The company executed the Diwani functions through the

Natives Indian officials under the supervision of company
officials.
 But soon the dual system of government was not useful
because the Indian officials had no power to enforce their
decision against the English servants.
 In 1767, the english officials are appointed as Governor of
Bengal and these officials misused their powers by corruption
and bribery and exploited the people of Bengal, Bihar and
Orissa.
 In 1771, on account of famine there was hunger and starvation
and the company blamed the Indian officials for this situation
and company changed its policy and diwani functions are not
executed by Indian officials but through its company servants.
 For this purpose in 1772 Warren Hastings was appointed as
Governor of Bengal to administer the revenue collection and
civil justice.
JUDICIAL REFORMS OF WARREN HASTINGS

 He was appointed as Governor of Bengal he took efforts to

remove all those evils in the proper collection of revenue of.
 He abolished dual system of government and diwani functions
executed through its company servants.
 In 1772 he Bengal, Bihar and Orissa prepared a plan to proper
administration of justice and it was known as Warren Hastings
plan of 1772.
PLAN OF 1772

1. Collector: The whole Bengal, Bihar and Orissa were divided

into districts. In each district an english officer called Collector
was appointed to control revenue collection and administration
of civil and criminal justice.

2. Mofussil Diwani Adalat (Civil court): In each district Mofussil

Diwani adalat court was established to decide all types civil
cases upto the value of Rs.500. Cases dealing property,
inheritance, debts, disputed accounts, contracts, partnership and
demand of rent.
3. Sadr diwani adalat: It was established at Calcutta and empowered
to hear appeals from the district of Mofussil Diwani adalat for all
cases valued more than Rs.500.

4. Small cause adalat: The Head farmers of the pragans were

authorised to decide petty civil cases value upto Rs.10.

CRIMINAL JUSTICE
 Mofussil Faujdari Adalat: In each district the court of Mofussil
Faujdari Adalat was established to decide all criminal cases. Qazi
and mufti assisted by two maulvies(legal experts) were appointed
to hold trail of all criminal cases. The collector was to supervise
the working of court.
 Sadr Nizamat adalat:It was established at Calcutta to hear
appeals from Mofussil Faujdari Adalat. It was presided by an
Daroga who was assisted by Chief qazi, Chief mufti and three
maulvies were appointed by Nawab. For passing capital sentence
the nawab’s signature is necessary and he is head of the Nizamat
adalat.
JUDICIAL PLAN OF 1774

 This plan was prepared to remove the defects in plan of 1772.

 The entire division of Bengal, Bihar and Orissa was divided into
6 divisions and having headquarters at Calcutta.
 The each division Provincial council was established and Diwani
was appointed at the seat of provincial council for administer
revenue collection. It heard appeal from district courts.
 In each district, the collector was replaced by Indian officer
known as Naibs. The Naibs worked as
◦ revenue collection
◦ Decide civil cases
 The decision of provincial council was upto the value of
Rs.1000 and above Rs.1000 the appeal from provincial council
was heard by sadr diwani adalat.
 Provincial council acted as both original as well as appellate
jurisdiction.
 For Criminal Justice, the criminal jurisdiction transferred from
Governor and council to the Nawab’s supervision. Both sadr
nizamat adalat and Mofussil faujadari adalat are under the
supervision of nawab’s.
REORGANISATION IN 1780
 Separation of revenue from judiciary: Under new plan Warren
Hasting reorganise the existing provincial adalats. Provincial
council was only to collect revenue and decide revenue cases.
 Provincial diwani adalat: The court of Provincial diwani adalat
was established to decide all civil cases.(relating to property
inheritance, succession).
 It also refer small cases involving Rs. 100 or less to the zamindar
or public officer who resided near the residence of parties.
 The appeal matters are referred to sadr diwani adalat constituted
by Governor general and council.
DEMERITS OF 1780 PLAN

 There was only 6 Provincial courts for whole division of

Bengal, Bihar and Orissa.
 The judges appointed in the courts are not experts in law and
not properly trained judicial worker,
 Zamindars and public officers were appointed to decide petty
civil cases upto Rs.100 only.
 The separation between judiciary and executive was not
complete.