BBA –LLB – Semester II

HISTORY – II
Module – 1 – Beginning of Adalat System

Judicial Plans of
Warren Hastings
1772, 1774, 1780
https://en.wikipedia.org/wiki/List_of_governors_of_Bengal_Presidency
 GROWTH of EAST INDIA COMPANY
From a Trading Enterprise to a Political Power

 The first half of the eighteenth century witnessed the decline of the Mughal empire. Aurangzeb's misguided
policies had weakened the stable Mughal polity. But the two main pillars on which the empire rested-the
army and the administration-were still upright in 1707. Wars of succession and weak rulers plagued Delhi
from 1707 to 1719.

 It was in his reign that Nizam-ul-Mulk resigned as wazir and set up the independent state of Hyderabad in
1724. Bengal, Awadh and Punjab followed the same pattern and the empire was split up into successor
states. Petty chiefs interpreted this as a signal for rebellion and the Marathas began to make their bid to
inherit the imperial mantle.

 Along with the decline of the Mughal empire, the second major theme of the 18th Century was the
emergence of regional polities. Broadly there were three kinds of states which came into prominence:
 GROWTH of EAST INDIA COMPANY
The British East India Company
From a Trading Enterprise to a Political Power

• The states which broke away from the Mughal empire - Hyderabad, Bengal and Awadh were the three cases where
provincial governors under the Mughals set up independent states
 BENGAL

• Independence in practice and allegiance in name to the power at Delhi marked the rule of the Nawabs of Bengal. Murshid Kuli
Khan became Governor of Bengal in 1717 under Mughal aegis but his link with Delhi was limited to sending tribute. Shuja-ud-din
became Nawab in 1727 and ruled till 1739 when Alivardi Khan assumed charge. In 1756 Siraj-ud-daula became the Nawab of
Bengal on the death of his grandfather Alivardi Khan.
• The Bengal rulers did not discriminate on religious grounds in making public appointments and Hindus reached high positions in
the Civil Service and obtained lucrative zamindaris. The Nawabs were fiercely independent and maintained strict control over the
foreign companies trading in their realm. Fortifications were rightly not allowed in the French and English factories at
Chandernagar and Calcutta, nor did the Nawab concede to their special privileges. The sovereignty of the ruler was upheld even
in the face of the threats of the British East India Company to use force to obtain its end. However, the Nawabs suffered defeat at
the hands of the British because of their weak and meagre army and their underestimation of the danger posed by the company.
The British victory at Plassey in 1757 inaugurated a new phase in British relations with India.
 GROWTH of EAST INDIA COMPANY
The British East India Company
From a Trading Enterprise to a Political Power

• The new states set up by the rebels against the Mughal – the Marathas, Sikhs, Jats and Afghans

• The independent states –neither the result of a breakaway from or rebellion against Delhi.
Mysore, the Rajput states and Kerala (Cochin, Travancore and Calicut) fall in this category.

• THE RISE OF BRITISH POWER

• The third and the most crucial feature of the 18th century polity was the rise and expansion of
the British power in India. It opened a new phase in the history of India. The advent of the
European trading companies in India and their growth in INDIA can be traced back to 1600 with
the DUTCH EAST INDIA company setting up their first factory along the Coromandel coast
followed by the British (1608 in Surat), French, Danish, Swedish East India companies.
 GROWTH of EAST INDIA COMPANY
The British East India Company
From a Trading Enterprise to a Political Power

Expansion of European production and trade and the emergence of aggressive nation states in Europe
lay behind the expansion of the European companies in India from the 1730s. In India, the decline of
Mughal authority obviously provided a great opportunity for expansion of influence. With the
weakening of the Mughal power, the European Companies started imposing their will on the Indian
rulers to get monopolies and concessions. They also took full advantage of the internal conflicts. The
mid-18thcentury saw the transformation of the English East India Company from a trading enterprise
to a political power. From its establishment in 1600 to 1744, the English East India Company slowly
expanded its trade and influence in India. The Portuguese and Dutch were sidelined, the only rival
though a late entrant in the race remained the French.

The English East India Company had remained a commercial body for one and a half centuries. Why
did it acquire its political ambitions at this time? How did it fulfill its ambitions?
 GROWTH of EAST INDIA COMPANY
The British East India Company
From a Trading Enterprise to a Political Power

As for the internal management of the English Company it was administered by a 'Court of Directors’ based in
London. The Company enjoyed extensive powers to issue orders and to make laws in accordance with the laws
and customs of the realm. The Company also possessed judicial powers to punish its servants for their offences
by imprisonment or fine. In India, each factory was administered by a Governor-in-Council. The governor was the
President of the 'Council' with no extra privileges. The members of the 'Council' consisted of senior merchants of
the Company.

The company's need for more revenue from taxation inclined it towards establishing an empire. The company
needed money to maintain its trade and pay its troops and so acquisition of territory seemed the best method of
meeting this requirement. The company's interest in conquering Bengal was two-fold-protection of its trade and
control over Bengal's revenue. The intention was to remit the surplus revenue of Bengal as tribute through the
channel of investment in Bengal goods. The value of Bengal goods exported rose from 4,00,000 in 1765 to one
million towards the end of the 1770s.
 The British East India Company
From a Trading Enterprise to a Political Power

• The regional powers were not able to take the place of the Mughals. Though some states were very prosperous, and some
achieved considerable military powers, none could achieve resources and power to maintain an all-India polity. Modernization
attempts were limited. Backward regional states easily succumbed to the superior British system. The struggle with the French in
the Anglo-Carnatic wars for supremacy marked the first phase of the rise of the British power. The conquest of Bengal was the
second and decisive step. The British initially ruled through indigenous institutions but introduced constitutional changes from 1773
onwards. British power in India was integrated into Britain's world-wide imperial system.

• The history of Bengal from 1757 to 1765 is the history of gradual transfer of power. This period was a landmark in the process of
British imperialist expansion in India from the Nawabs to the British. During this short period of 8 years three Nawabs Siraj-ud-
daula, Mir Jafar (betrayed Siraj) and Mir Kasim (son-in-law of Mir Jafar) during this period the company also became the
kingmakers of Bengal ruled over Bengal. But they failed to uphold the sovereignty of the Nawab and ultimately the rein of
control passed into the hands of the British. The grant of the Zamindari of important districts in Bengal by Mir Jafar in 1757 and
then in 1760 by Mir Kasim gave the Company's servants the opportunity to oppress the officials of the Nawab and the peasants.
Trading privileges were similarly misused. The misuse of the Company’s Dastak or trade permit by Company officials for their
private trade generated tension between the British and the Nawab.
 The British East India Company
From a Trading Enterprise to a Political Power

The Company servants were not paying any custom duty on their goods. Whereas local merchants had to pay
custom duty. While the Nawab lost tax revenue because of the non-payment of duty by the Company officials the
local merchants faced unequal competition with the Company merchants. Moreover, the Company officials were
completely ignoring the officials of the Nawab. They were forcing the local people to sell their goods at low prices. The
first instances of draining the wealth of Bengal were evident in these mal-practices of the Company’s servants. Mir
Kasim complained against these practices to Governor Vansittart (1760-64), but this had no effect.

When the British (now kingmakers) found that Mir Kasim had failed to fulfil their expectation they started searching for
a suitable puppet Nawab and replacement of Mir Kasim. But Mir Kasim was not ready to surrender so easily, unlike his
predecessor. He tried to put up a united resistance against the British with the help of the Mughal Emperor Shah
Alam and Nawab Shuja-ud-daula of Awadh. However, Mir Kasim ultimately failed to protect his throne and the Battle
of Buxar (1764) completed the victory and the domination of the British in eastern India. The success of the British in
this battle gave a clear indication that the establishment of the British rule in other parts of India was not very far off
 The British East India Company
From a Trading Enterprise to a Political Power

• The humiliating Treaty of Allahabad in 1765 signed between Robert Clive and the defeated Mughal Emperor Shah Alam inaugurated
the Dual Government of Bengal. The Mughal Emperor granted the Diwani of Bengal (Bengal+Bihar+Orissa) - the right to collect the
land revenue - to the East India Company. From then on, the Diwani became the main source of British revenue from India. The treaty
gave the Company access to nearly 40,000 square kilometers of taxable fertile land. British were entitled to collect tax directly in lieu
of Rs 26 lakhs tribute to be paid annually to the Mughal. Clive became Governor of Bengal and Company the virtual ruler.

• Nawab of Bengal retained the administrative and faujdari or judicial functions but the Company had the power to collect revenue.
Dual System of Government. The great advantage was that responsibility continued to be with the Nawab. The blame for the
extortions and oppression by the company's servants fell on the Nawab. It is estimated that 5.7 million were taken away from Bengal
between 1766 to 1768.

• Senior British officials including Governor Robert Clive (went on to be Governor of Bengal twice and made himself a huge personal
fortune. He was charged with corruption in 1772 but was cleared) admitted that Company's rule was unjust and corrupt and meant
untold misery for the people of Bengal.

• With this, the East India Company got richer than before and needed no money from England to buy merchandize/supplies. The
money earned was sent to England and not spent on Bengal, thus drain of wealth started from Bengal.
 Reorganization of the Political System: Introduction of Western Institutions

The administrative corruption was so conspicuous that the company ended the dual government in 1772.
The company was essentially a trading corporation, ill-equipped to administer territory. Changes were
necessary in the constitution to enable it to wield political power and for the British Government to
regulate the functioning of the company. This was effected by the Regulating Act of 1773 to control the
company’s administration. The Act made changes in the constitution of the Court of Directors in
London. The provision was made in a very efficient manner for the government to keep supervision over
the Company. The status of Governor of Bengal was raised to Governor General. The significance of the
Regulating Act for our discussion lies in its introduction of the British mode of governance. British style
institutions were introduced. The Governor-General and his council were to run the administration of
Bengal and supervise that of Bombay and Madras. The Act also provided for the establishment of a
Supreme Court of Justice in Calcutta to give justice to Europeans, their employees and citizens of Calcutta.
 Reorganization of the Political System: Introduction of Western Institutions

British principles had permeated deep. One such principle was the separation of the judiciary from the
executive. Civil courts set up and presided over by judges, proved popular, 200,000 cases per year being
the average in the early 19th century. The police system took shape under Lord Cornwallis On
February 23, 1786, he accepted the governor-generalship of India. Before leaving office on August 13,
1793, he brought about a series of legal and administrative reforms, notably the Cornwallis Code (1793). 

After gaining control of Bengal in 1757, the British thought that they would retain the administration
established by the Nawabs of Bengal, but would use it to collect an ever-growing amount for themselves.
However, the greed and corruption of the Company's employees, and their continual interference in the
administration led to complete disorganization, and was one of the causes of the terrible famine of
Bengal in 1769-70, in which it was estimated that one-third of the people of Bengal died.
 Warren Hastings - https://victorianweb.org/history/empire/india/74.html

Hastings’ House in Kolkata – said to be one of the top 10 haunted houses in the city!

'Institute of Education for Women' which is affiliated to the University of Calcutta

 Warren Hastings (1772-1785) – first Governor General of Bengal

Highlights of the seminal measures taken by Warren Hastings

• Revenue reforms

• Judicial reforms

• Trade regulations – abolished Dastak and private trade of company servants, English traders
had to pay taxes/duties

• Abolition of the Dual System of Government

__________
Warren Hastings joined the Company as a writer/clerk in Calcutta around 1750. He was a British resident at
Murshidabad around 1758 . The Regulating Act of 1773 was passed during his tenure. He supported Sir William
Jones to set up the Asiatic Society in Calcutta around 1784.
 Warren Hastings (1772-1785) – first Governor General of Bengal

Warren Hastings joined the Company as a writer/clerk in Calcutta around 1750. The Regulating Act of 1773 was passed
during his tenure. The Supreme Court was established in Calcutta in 1774. He supported Sir William Jones to set up the
Asiatic Society in Calcutta around 1784. Pitt’s India Act was passed in 1784. Bhagavad Gita was translated in English
during his tenure.

NEED FOR JUDICIAL PLAN – LACK OF UNIFORM JUDICIAL SYSTEM

PURPOSE OF THE JUDICIAL SYSTEM

 Collection of revenue for the East India Company – benefits for EIC

 Creating a people-friendly uniform easy system of justice

• Warren Hastings’ judicial plans can be studied under three phases:

 Judicial Plan of 1772 – Adalat System

 Judicial Plan of 1774

 Judicial Plan of 1780

 Warren Hastings (1772-1785) – first Governor General of Bengal

Judicial Plan of 1772

Purpose

To regulate the administration of Justice & Revenue Revenue collection in Bengal, Bihar & Orissa

Implemented on 21 August 1772 by Governor-General-in-Council

First judicial plan was prepared by the Committee of Circuit under Hastings. Under this plan the three provinces of
Bengal, Bihar and Orissa were divided into districts. Each district was put under the control of a Collector, who was
responsible for the collection of revenue.
 Warren Hastings (1772-1785) – first Governor General of Bengal

GENERIC FEATURES OF JUDICIAL SYSTEM OF 1772

1) Abolishing the judicial functions of the Zamindar

2) The plan provided for hierarchy of the courts – high court, district court etc.

3) Establishment of the Civil and Criminal courts

4) Appointment of Indian judges in Criminal courts & Civil courts

5) Maintaining written records of the judicial proceedings

6) Administration of justice – Quran for Muslims and Shastras for Hindus

7) Under this plan the three provinces of Bengal, Bihar and Orissa were divided into districts for better judicial and
civil administration

8) Each district was under the control of an English COLLECTOR for a) the general administration of justice & b)
collection of revenue and c) decide the revenue cases of the districts
 Warren Hastings (1772-1785) – first Governor General of Bengal

9) REORGANIZATION OF JUDICIAL FUNCTIONS was a gift of the judicial plans of 1772

State/Province – Governor

District – Collector (British)

Village – Headman/Head Farmer

Governor General -in-Council was seated in Calcutta

Hierarchy of Courts in the Presidency of Bengal

Appellate Court Court of Original Jurisdiction

 Warren Hastings (1772-1785) – first Governor General of Bengal
Governor-in-Council (headed by Warren Hastings)

I. - Court of Appeal (in Calcutta)

Sadar Diwani Adalat Sadar Nizamat/Faujdari/(Daroga-i-)Adalat

1. CIVIL court CRIMINAL court

2. Supreme Judge – Governor Presided over by DAROGA Indian judges

3. Recorder of proceedings – Kanungo Chief Mufti + Qazi Supervisory Control - Hastings

4. Other officials – Diwan Three Maulvis

 Warren Hastings (1772-1785) – first Governor General of Bengal

II. Court of Original Jurisdiction (in each district)

Mufassil Diwani Adalat Mufassil Nizamat Adalat

1. Civil Court Criminal Court

2. Supreme Judge – Collector Supervisory control - Collector

3. Pandits & Qazis Presided over by Qazi, Mufti & 2 Maulvis

(helped the law to be applied by the judge)

III. Pargana Adalat /Small Cause Adalat

Civil Court of the Village Headman/Head Farmer

Decide disputes up to Rs. 10

 Warren Hastings (1772-1785) – first Governor General of Bengal

AN EVALUATION OF THE JUDICIAL SYSTEM OF 1772

The plan of 1772 was a boon to the people at that time, especially to relieve them from the oppression and
harassment by the Company’s servants and zamindars. Change in judicial system brought back the confidence of the
people in the government and the administration of justice. It was a great achievement for Warren Hastings.

HOWERVER the scheme also suffered from two major weakness:

1) The court for small cases were very few and they had a jurisdiction only up to a small amount of Rs.10 which
was too small. For most of the cases, the people had to travel to the district headquarters in spite of limited
communications.

2) The Collector was given too much power/authority which he could easily misuse.

Therefore, to correct these weaknesses a new plan was initiated in 1774 by Warren Hastings.
 Warren Hastings (1772-1785) – first Governor General of Bengal

JUDICIAL SYSTEM OF 1774

 The District Collector was removed and a new post called Diwan or Amil (INDIAN OFFICER) was created

Collecting Revenue Presiding over the Mufassil Diwani Adalat

Warren Hastings further divided Bengal, Bihar and Orissa into 6 Divisions and each consisted of several districts:

1. Calcutta – a committee of revenue/revenue board was set up

2. Burdwan

3. Murshidabad

4. Dinajpore Provincial councils/courts were established in these five divisions consisting of four

5. Dacca or five British servants of the Company

6. Patna
 Warren Hastings (1772-1785) – first Governor General of Bengal

FUNCTIONS OF THE COUNCIL

 Supervised the revenue collection in each division

 Provincial Council heard the appeals from the Moffusil Diwani Adalat and administered civil jurisdiction

 If there was a case valued above Rs. 1000, the case could be appealed from the Provincial court to the Sardar
Diwani Adalat in Calcutta

Governor-General-in-Council (Warren Hastings)

Sadar Diwani Adalat (Calcutta) Sadar Nizamat Adalat (Calcutta)

Provincial Council/Court (in 5 out of 6 divisions – Cases up to 1000 rupees)

Districts – Headed by Diwan/Amil (Indian officers)

Mofussil Diwani Adalat Village headman Mofussil Nizamat Adalat

Chief judge – Diwan – cases up to Rs. 500 Supervised by Diwan – presided over by Qazi
 Warren Hastings (1772-1785) – first Governor General of Bengal

JUDICIAL SYSTEM OF 1780

PURPOSE – SEPARATION OF REVENUE FROM JUDICIARY

SADAR DIWANI ADALAT (Case value above Rs. 1000)

Judicial Function Revenue Function

Provincial Court of Diwani Adalat (1000) Provincial Council

1. Handled Judicial Civil Cases (no revenue work) To collect revenue

2. Established at each HQ of the six divisions Decide revenue cases

3. Judge was to be appointed by the

Governor-General in Council

4. Used to sit twice a week

 Warren Hastings (1772-1785) – first Governor General of Bengal

Diwani Adalat decided cases up to a value of Rs. 1000 if exceeded 1000 then it would go to Sadar Diwani
Adalat

EVALUATION of 1780

 In spite of stupendous reformative measures the Adalat System was not able to achieve to the perfection
desired by Hastings but the foundation of such a judicial administration was praiseworthy.

 This system led to further expansion and organization of the system of courts which exist even today.

__________________________
 BBA –LLB – Semester II
HISTORY – II
Module – 1

Regulating Act of 1773

 Regulating Act of 1773

The Regulating Act constituted the first measure of the parliament system in India and it laid the foundation of Central
administration in India.

Central Government in India

Regulating Act of 1773 (reform the Constitution

of the Company)

Court of Directors in England

Company’s mismanagement

Background – M P Singh pp. 33-34 Corrupt practices of the employees – English Nawabs

Financial Bankruptcy from 1769-1772 (famine+war+loan)

 Regulating Act of 1773

 The British Parliament took it as the best opportunity to restrict the mal-practices of the Company.

 Therefore the British Parliament passed an ACT called the Regulating Act of 1773 which is regarded as a step
towards tightening of parliamentary control over the Company.

Objectives of the REGULATING ACT

1) To reform the constitution of the Company (Court of Directors 2) to reform the Company’s Government in India

3) To take measures against the illegalities and oppression of the Company’s servants in India

Structure of the Company

Court of Directors (England)

Two components of the Company Company’s Government in India

Court of Proprietors (England)

 Regulating Act of 1773

SALIENT FEATURES OF THE REGULATING ACT 1773

1) Provisions related to the Constitution of the Company in

England

2) Provisions related to the Company’s Central Government in

India

3) Provisions related to the Presidencies

4) Establishment of a Supreme Court

 Regulating Act of 1773

SALIENT FEATURES OF THE REGULATING ACT 1773

1) Provisions related to the Constitution of the Company in England

Before the ACT of 1773 After the ACT 1773

Court of Directors consisted of 24 members elected Annual elections were abolished & their terms were
annually by Court of Proprietors fixed for 4 years, 1/4th of them retired every year

Voting power in the COP was given to only those Voting power in the COP was given to only those
stock holders worth 500 pounds stock holders worth 1000 pounds

The Act also strengthened the control of the British

government over the Company’s rule by asking the
Company to submit its reports on revenue, civil &
military affairs in India
 Regulating Act of 1773

SALIENT FEATURES OF THE REGULATING ACT 1773

2. Provisions related to the Constitution of the Company in India

1) The Governor of Bengal was henceforth known as the Governor-General of Bengal
2) He was assisted by a council of 4 members and decisions were taken by majority vote

3) The civil and military affairs of the presidency of Calcutta and the provinces of Bengal, Bihar & Orissa was
vested in the Governor-General-in-Council

• The first Governor-General of Bengal was Warren Hastings

• The four members of his council were --- Clavering, Monson, Barwell, Philip Francis

Hastings vs Francis – pistol Duel took place in 1781

 Regulating Act of 1773

SALIENT FEATURES OF THE REGULATING ACT 1773

3. Provisions related to the Presidencies

1. The Governors of Bombay and Madras were subordinated to the Governor General of Bengal
2. They could not wage wars against Indian states/powers or sign peace treaties without approval from GG of
Bengal
3. It prohibited the servants of the Company, the judges and chief justice were prohibited from engaging in any
private trade and commerce or accepting presents, donation or bribes.

4. Establishment of a Supreme Court

A Supreme Court of Judicature was established in 1774 at the Fort William in Calcutta
 Regulating Act of 1773

IMPORTANCE OF THE REGULATING ACT 1773 – Immense Constitutional importance

1. First important step taken by the British government to control and regulate the affairs of the EIC

2. It laid the foundations of a central administrative system

3. An elementary form of a written constitution was introduced for the first time

DEFECTS OF THE ACT

“The attempt was one sided and confined to London”

4. In absence of veto power the GG was powerless before his own Council and the executive was powerless
before the Supreme court

5. Parliamentary control imposed by the Regulating Act over the Company was also inadequate
Overall, it may be said that the ACT did not prove to be an effective measure to improve the Company’s affairs in
India
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