Judicial reforms of sir john shore

BRITISH INDIA
 CONCEPTUAL FRAMEWORK

• Learning Objectives to be covered:

• To help the students identify the judicial reforms of Sir John Shore in British
India.
• To analyse the working of reforms of Sir John Shore in British India

• Learning Outcomes to be achieved:

• The students will be able to identify the reforms of Sir John Shore in British India
• They will be able to critically analyse works of reforms of Sir John Shore in
British India.

2
Sir John Shore ,Governor General
(1793-1798)

• Sir John Shore a distinguished member of the company’s civil service, and the
author of the revenue settlement of 1793, succeeded to the government, on the
departure of lord Cornwallis, who, in a letter to Mr. Dundas on the choice of his
successor, had given it as his opinion, that

• “NOBODY BUT A PERSON WHO HAD NEVER BEEN IN THE SERVICE, AND WHO
WAS ESSENTIALLY UNCONNECTED WITH ITS MEMBERS, WHO WAS OF A
RANK FAR SURPASSING HIS ASSOCIATES IN THE GOVERNMENT, AND WHO
HAD THE FULL SUPPORT OF THE MINISTRY AT HOME,WAS COMPETENT FOR
THE OFFICE OF GOVERNOR-GENERAL”.
Contd….
Subsequently to the date of this letter, Sir John, then Mr. Shore, had visited England,
and on his return, Lord Cornwallis wrote again to Mr. Dundas, that

“SEEING HOW GREATLY MR.SHORE’S HAD BEEN ENLARGED AND IMPROVED BY

THE VISIT, HE DESIRED TO MAKE AN EXCEPTION IN HIS FAVOUR.”

Mr.Pitt , who had taken great interest in the settlement, had been much struck with
the industry, candor and talent exhibited by Sir John Shore, and , believing him to
be well suited to carry out the views of Lord Cornwallis, mentioned his name to the
king as his successor.
Sir John Shore succeeded Lord Cornwallis in
1793 as Governor-General …

THE KING THEN REPLIED,

“NO ONE COULD HAVE BEEN PROPERLY THOUGHT
OF AS MR. SHORE, UNLESS A VERY PROPER MAN
OF DISTINCTION COULD BE FOUND TO BE
GOVERNER GENERAL AT BENGAL”.
SIR JOHN SHORE THERFORE RECEIVED THE
APPOINTMENT AND ENTERED ON THE DUTIES OF
HISOFFICE ON THE 28TH OF OCTOBER, 1793.
 John Shore introduced some changes in the then existing judicial system.

• CHANGES IN THE YEAR 1794

• Authority of the courts of registrar increased –

1. The registrar was sit thrice in a week to try the cases up to a value of two
hundred rupees {200}, refereed to him by the judges of the Diwani Adalat. Up to
rupees twenty-five the decision of the Registrar was made final.
2. However in such cases the judges of the Diwani Adalat could interfere if he found
the decision to be wrong and unjust. If the value of a case exceeded rupees
twenty five, appeal could be taken to the Provincial Courts of appeal directly.
Collectors were allowed Partial Judicial Powers-

1. The Diwani Adalat was empowered to refer to the Collector revenue cases
involving adjustment of accounts relating to rent for preparing a report and
submitting it to the Diwani Adalat for decision.
2. But any account relating to suits in which the Collector or any of his officers,
servants, or the Government was a party could not be referred to the Collectors.
3. Thus the Collectors who was divested on all Judicial functions under the scheme
of 1793, was given again a minor judicial work.
4. He was authorized to decide revenue cases involving the adjustment of accounts
for security and report. This provision saved time of the Diwani Judge.
CHANGES IN 1795-
1. Appeal from the court of Registrar-

• By the scheme of 1795 the appeals from the decisions of the Courts of Registrar
were to be taken to the court of Mofussil Diwani Adalat and not to the Provincial
Court of appeal. Moreover, only one appeal could be preferred and not to as before.

2. Appeal from the court of Munsiff-

• By the scheme of 1795, the appeal from the Munsiff Court lay to Mofussil Diwani
Adalat and its decision made final an the appeal to the Provision Court of Appeal
were prohibited. Thus only one appeal from the decision of the Court of Munsiff
was allowed to the Mofussil Diwani Adalat.
 Contd…

3. Maintenance of a Register by the Registrar-

• The scheme of 1795 provided that the registrar would maintain a register stating
therein details about the disposal of cases and cases in arrears. The object of the
provision was to strengthen the control of the Sardar Diwani Adalat over the lower
Courts.

4. Revival of the institution of Court fee-

• The scheme of 1795 imposed fee to discourage litigation and fixed the scales according
to which the litigants were to pay them. The fee was not only imposed on the suits to
be filled but was levied on the earlier cases also awaiting decisions of the courts. The
result was that many pending suits were dismissed for failure to pay court fees.
 Contd…

5. Introduction of the Adalat System in Banaras-

• In the year 1795, Sir John Shore established the Adalat system in the Province of
Banaras with the assert of the Raja of Banaras.
• Banaras province was divided into four districts. A Mofussil Diwani Adalat was
established in each district. A provincial Court of Appeal was established at Banaras.
• The provincial Court of Appeal was also to act as the Court of Circuit for the trial
of criminal offence, appeals from which went to Sardar Nizamat Adalat at Calcutta.
• The courts of Registrars and Munsifs were stated Criminal law and justice were to
be administered on the lines of Bengal. The jurisdiction of the Sardar Adalats at
Calcutta was extended to Banaras too.
REFERENCES
• T1-H.V. Sreenivasa Murthy ,V.S. Elizabeth, History of India Part II for Law Students, Eastern
Book Company,Lucknow,2007
• T2-N.V. Paranjpe, Indian Legal and Constitutional History, Allahabad Law Agency, Faridabad
• R1-M.P. Jain, Constitutional History of India, Wadhwa and Company. New Delhi, 2006
• R2-J.K Mittal, Legal and Constitutional History of India.
• R3-D. N Kundra, A New History of Modern India.
• R4-M.P Jain, An Outline of Indian Legal History of India,Wadhwa and Company, New
Delhi,2004
• R5-Rama Jois , Legal and Constitutional History of India.
• R6-S.C Tripathi, Indian Legal & Constitutional History.
• R7-V.D. Kulshreshtha, Landmarks in Indian Legal and Constitutional History.
E- LINKS
• https://www.ibiblio.org/britishraj/Marshman2/chapter18.html
• http://www.journal.lex-warrier.in/tag/reforms-of-sir-john-shore/#:~:t
ext=Reforms%20of%20Sir%20John%20Shore%20(1793)&text=In%201
793%20the%20Registrar's%20court,signed%20by%20the%20Diwani%
20Adalat.&text=The%20District%20Diwani%20Adalats%20were,valua
tion%20was%20more%20than%20Rs.
• https://mohdyasinblsllb.blogspot.com/2014/10/bls-llb-history-of-cour
ts-chapter-no-4.html
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