Introduction:

In the beginning, the British East India Company had control over small settlements in Calcutta, Bombay,
and Madras. Over time, as the Company expanded its influence and acquired new territories, it realized the
need for a system of government and justice to manage these areas effectively.
Expansion of Company's Activities:
As the Company gained control over more regions, its responsibilities increased. It had to govern the newly
acquired territories and ensure an efficient system of justice for the people living there. To fulfill these
obligations, the Company established what is known as the Adalat System.
The Adalat System:
The Adalat System was initiated in the provinces of Bengal, Bihar, and Orissa in 1772. Over the years, this
system underwent improvements, modifications, adaptations, and changes to make it more effective and
suitable for the evolving needs of governance and justice administration.
Territorial Acquisitions and Expansion of Adalat System:
As the Company acquired more territories, including those around Madras and Bombay, it extended the
Adalat System to these regions as well. The development of the Adalat System in Bombay and Madras
closely followed the path established in Bengal. In essence, Bengal, Bihar, and Orissa served as a testing
ground or laboratory where experiments were conducted. Once successful models were identified, they were
applied to the newly acquired territories of Bombay and Madras.

In summary, the Adalat System was a legal and judicial framework established by the British East India
Company to govern and administer justice in the territories it controlled. The system began in Bengal, Bihar,
and Orissa and was later extended to other regions as the Company expanded its influence.

THE COMPANY BECAME THE DIWAN:

Background
In 1756, Siraj-ud-daula became the Nawab (ruler) of Bengal. Concerned about the increasing power of the
English in Bengal, he attacked and captured Calcutta. However, the English, led by Clive, returned in 1757,
recaptured Calcutta, and won the famous Battle of Plassey against the Nawab. This victory made the English
East India Company the dominant power in Bengal.
Company's Influence and Nawab Changes
After Plassey, the English could have directly taken control of Bengal, Bihar, and Orissa. Instead, they chose
to place their own nominee, Mir Jafar, on the throne. However, Mir Jafar's rule was short-lived, and the
nawabship changed hands multiple times, with each change strengthening the Company's influence.
Fear of Direct Rule
Despite the growing control, the Company hesitated to directly govern Bengal, Bihar, and Orissa. Direct rule
might lead to interference from the English Parliament and cause concerns in other European countries,
particularly France and Portugal. The Company wanted to avoid such complications.
Significant Turn in 1765
In 1765, a significant development occurred. The Mughal Emperor, Shah Alam, who still claimed nominal
sovereignty over Bengal, offered the Company the Diwani (the right to collect revenue and administer civil
justice) of Bengal, Bihar, and Orissa. In exchange, the Company promised to pay him an annual sum of
twenty-six lacs of rupees.
In essence, this marked a turning point as the Company gained significant administrative control through the
Diwani system without directly taking over the government. This arrangement allowed the Company to
collect revenue and administer justice in these regions, solidifying its authority in Bengal, Bihar, and Orissa.

SIGNIFICANCE OF THE DIWAN

Under the Mughal Administrative System: In the Mughal Empire, the provincial government, known as
the Subah, was managed by two key officials: the Nawab (also called Nazim) and the Diwan. The Nawab
oversaw the government, military, and law and order, while the Diwan's role was to collect revenue and
handle civil cases. This division created a system of checks and balances, preventing one person from
having all the power and ensuring control over far-flung provinces.
Appointment and Functions: Both the Nawab and Diwan were appointed by the Central Government. The
Diwan's main tasks were to collect land revenue and administer justice in civil and revenue cases. This
separation of powers aimed to prevent provinces from becoming independent by keeping military and
financial powers distinct.
Grant of Diwani to the Company in 1765: The English East India Company was granted the Diwani in
1765, giving it authority over collecting land revenue and administering justice in civil and revenue cases.
The Nawab theoretically retained power in criminal cases, law and order, and the military. However, the
Company aimed to make the Nawab powerless. In a treaty, the Nawab agreed to accept an annual allowance
from the Company and gave up his military, which was now solely maintained by the Company.
Consequences of the Treaty: By securing the power to collect land revenue from the emperor and
maintaining the army, the Company became the de facto authority in Bengal. It also became responsible for
civil governance and justice administration in civil and revenue cases. However, the Nawab retained
responsibility for dispensing justice in criminal cases, funded by the allowance granted by the Company.
In summary, the grant of the Diwani to the Company in 1765 marked a significant shift in power dynamics,
consolidating the Company's control over revenue collection and civil administration, while leaving the
Nawab with limited powers and responsibilities.

EXECUTION OF DIWANI FUNCTIONS

After the English East India Company was granted the Diwani in 1765, it didn't immediately take charge of
the functions. Instead, it appointed two Indian officers, Mohammad Reza Khan in Murshidabad and Raja
Shitab Roy in Patna, to oversee the execution of Diwani functions. These officers were responsible for
collecting land revenue and dispensing justice in civil and revenue matters.
Inefficiency and Exploitation: Unfortunately, this system proved to be inefficient and harmful for the
country. Many individuals exploited the situation for personal gain, with English servants of the Company
misusing their power without any sense of obligation. The result was a rapid deterioration of conditions in
Bengal, Bihar, and Orissa. The once-prosperous region faced hunger, starvation, and misery.
Company's Suspicions and Decision: Due to suspected misappropriation by Indian officers and a decline
in revenue collection, the Company decided in 1772 to take direct control of the Diwani functions. It aimed
to manage these functions through its own servants.
Appointment of Warren Hastings: Warren Hastings, the Governor of Calcutta at that time, was chosen to
lead this mission. In 1772, a new scheme for revenue collection and administration of justice was
implemented. The administrative setup was designed by Warren Hastings, with the Company's servants
playing significant roles.
Establishment of Adalat System: In 1772, the Company took over the direct management of the Diwani
functions, leading to the establishment of the Adalat System. This system was designed to administer justice
to the common people in the regions of Bengal, Bihar, and Orissa, extending beyond the presidency town of
Calcutta.
In summary, the Company, facing inefficiencies and exploitation, decided to directly manage the Diwani
functions in 1772. This marked the beginning of the Adalat System, with Warren Hastings playing a key role
in designing the new administrative setup.

JUDICIAL PLAN UNDER THE MUGHULS:

1. Network of Kazis: During the rule of Muslim Rulers, especially under the Mughals, Bengal had a well-
regulated judicial system. The government appointed Kazis to administer common justice throughout the
country. In the capital, Murshidabad, there were central courts.
2. Courts in Murshidabad:
 Nawab or Nazim's Court: The highest court for criminal cases, presided over by the Nawab,
responsible for maintaining law and order and administering criminal justice.
 Diwan's Court: The highest financial officer, responsible for revenue collection and administration
of justice in revenue and other civil cases.
 Darogah Adalat al Alia: Originally the Deputy of the Nawab, but eventually took over judicial
functions related to the Nawab.
 Daroga-i-Adalat Diwani: Deputy of the Diwan, handling cases related to revenue and property.
3. Main Functions: The central courts' main functions were to hear appeals from lower courts in districts
and oversee the general administration of justice. There was no strict demarcation of jurisdiction among
these courts, and they could handle both appeals and original cases.
4. Local Authorities: Apart from central courts, there were local authorities in towns, including a Kazi for
civil cases, a Mufti for legal interpretations, a Fauzdar for non-capital crimes, and a Mohtassib for matters
like drunkenness and false weights.
Decline of Judicial System: With the weakening of the Nawab's power, the judicial system disintegrated.
Zemindars took over judicial functions in districts, leading to summary and unsatisfactory proceedings. The
central courts' influence waned, and corruption increased. The absence of a register of appeals added to the
system's defects.
Warren Hastings' Intervention: In this chaotic scenario, Warren Hastings, the Governor of Calcutta, was
tasked with reforming the judicial system. He recognized the need for peace, order, and effective justice for
proper revenue collection and overall prosperity.
Introduction of Reforms: In 1772, Warren Hastings introduced a scheme for not only revenue collection
but also the proper administration of justice in Bengal, Bihar, and Orissa. The focus was on establishing a
fair and accessible judicial system to address the challenges of corruption and exploitation in the existing
setup.

JUDICIAL PLAN OF 1772:

1. Division of Authority: The plan was based on the ancient division of authority between the Nizam or
Nawab, responsible for criminal matters, and the Diwan, responsible for civil jurisdiction.
2. Administrative Units - Districts: The plan adopted districts as the administrative units. The entire
Diwani area, consisting of Bengal, Bihar, and Orissa, was divided into several districts. Each district had an
English servant of the Company appointed as the Collector.
3. Mofussil Diwani Adalat (Civil Court):
 Composition: In each district, a civil court, known as the Mofussil Diwani Adalat, was established.
 Judge: The Collector of the district served as the Judge in this court.
 Jurisdiction: It had the authority to decide a wide range of civil cases, including real and personal
property, inheritance, caste, marriage, debts, disputed accounts, contracts, partnerships, and demands
of rent.
4. Mofussil Nizamat or Fauzdary Adalat (Criminal Court):
 Composition: In each district, a criminal court, known as the Mofussil Nizamat or Fauzdary Adalat,
was established.
 Judges: Native law officers such as Kazi or Mufti, assisted by two Moulvies, served as judges to
decide criminal cases.
 Function: The Moulvies interpreted the Mohammedan law of crimes, and the Kazi or Mufti rendered
judgments accordingly.
5. Supervision by Collectors: The Collector of the district had supervisory control over the Mofussil
Fauzdary Adalat:
 Ensuring proper summoning and examination of necessary evidence.
 Ensuring fair and impartial decisions.
 Regularly hearing all cases.
 Capital cases or those involving forfeiture of property were remitted to a Senior Court in Calcutta.
6. Sadar Diwani Adalat and Sadar Nizamat Adalat:
 Composition: Two superior courts were established in Calcutta.
 Sadar Diwani Adalat: Consisting of the Governor and members of his Council. It heard appeals from
decisions of Mofussil Diwani Adalats involving amounts above five hundred rupees.
 Sadar Nizamat Adalat: Consisting of an Indian Judge (Daroga) appointed by the Nawab, assisted by
the Chief Kazi, Chief Mufti, and three Moulvies. This court revised proceedings of Mofussil Nizamat
Adalats and approved capital sentences.
7. Supervision by Governor and Council: The Governor and Council at Fort William exercised
supervisory control over the Sadar Nizamat Adalat, similar to the Collector's control over Mofussil Adalats
in districts.
In essence, the judicial plan aimed at creating a well-organized legal system with a structured hierarchy of
courts for both civil and criminal cases, emphasizing local administration and supervision by higher courts
in Calcutta.
MISCELLANEOUS PROVISIONS IN THE JUDICIAL PLAN OF 1772:
1. Dispute Resolution for Small Cases: To make justice more accessible, the plan introduced a provision
where disputes involving a subject matter valued up to ten rupees would be decided by the Head Farmer in
the Pergunnah (a rural administrative unit) where the dispute occurred. This aimed to save people from the
inconvenience and expense of traveling long distances to District Headquarters for justice in minor cases.
2. Application of Religious Laws: The Diwani Adalats were instructed to decide cases related to
inheritance, marriage, caste, and other religious practices according to the laws of the Koran for Muslims
and the Shaster for Hindus. As the English covenanted servants acting as Collectors and Judges were not
well-versed in these laws, native law officers, Kazi for Muslims and Pondit for Hindus, were provided to
assist them. Moulvies or Pondits would attend the court and explain the applicable laws for each case,
allowing the Judge to make decisions based on this legal expertise.
3. Promotion of Pure and Impartial Justice: To ensure fair and impartial justice, certain precautions were
implemented:
 All courts were required to maintain proper registers and records.
 Mofussil Diwani Adalats were to transmit their records to the Sadar Diwani Adalat.
 All cases were to be heard in open court, promoting transparency.
4. Abolishment of Previous Fees: To make justice more affordable, the plan abolished the old burdensome
fees imposed by the courts of zemindars (landowners). Instead, a moderate table of fees was introduced for
the resolution of civil cases in the new Diwani Adalats.
In summary, these miscellaneous provisions aimed to enhance accessibility, promote understanding and
application of religious laws, ensure fairness, transparency, and affordability in the dispensation of justice
under the Judicial Plan of 1772.
THE JUDICIAL PLAN OF 1774
Warren Hastings' initial plan in 1772 faced a significant flaw—empowering Collectors with vast authority,
creating the potential for abuse and exploitation. By 1774, Hastings recognized this issue and restructured
the system to address it.
1. Collector's Role and Its Drawbacks: In the earlier plan, Collectors were pivotal figures, serving as
administrators, judges in Mofussil Diwani Adalats, and overseers of Mofussil Fozdary Adalats. However,
their unchecked powers, slow communication, and the opportunity for personal trade raised concerns about
potential misuse of authority.
2. Withdrawal of Collectors - Introduction of Provincial Councils: To rectify these issues, Hastings
withdrew Collectors in 1774. The new plan divided Bengal, Bihar, and Orissa into six Divisions, each with a
Provincial Council responsible for revenue collection. The Provincial Council comprised four or five
English covenanted servants.
3. District-Level Changes: Each district now had an Indian Officer called Diwan or Amil, replacing the
Collector. The Diwan managed revenue collection and served as the Judge in the Mofussil Diwani Adalat,
maintaining the previous system's judicial functions.
4. Appeals Process: Appeals from the Mofussil Diwani Adalats went to the Provincial Court of Appeal
within the Division, comprising the Provincial Council. For cases up to one thousand rupees, decisions were
final at this level; amounts beyond could be appealed to the Sadar Diwani Adalat, consisting of the Governor
and council members.
5. Divisional Headquarters - The Seat of Justice: The Divisional Headquarters, where the Provincial
Council and Court of Appeal were situated, did not establish an additional Court of first instance. Instead,
the Provincial Court of Appeal handled all civil cases arising within the town.
6. Functions of Provincial Councils: The Provincial Councils played a crucial role by overseeing revenue
collection, hearing appeals from Mofussil Diwani Adalats, and taking cognizance of civil cases within their
respective towns.
This revised plan operated until 1780 when further modifications were introduced by Warren Hastings.
PYQ:-
QUES:- Discuss the establishment of Adalat system in Bengal by Warren Hasting:-
The Judicial Plans of Warren Hastings 1772, 1774 and 1780
1. Till the middle of the 18th century, the Company held under it only three presidency towns of Calcutta,
Madras and Bombay. As time passed, the company expanded its political activities and brought new
territories surrounding the presidency towns under its control. This territory came to be known as the
moffusil.
2. The first territorial acquisition of the company consisted of Bengal, Bihar and Orissa. Here the first
adalat system was started in 1772. Warren Hastings introduced the new judicial administration system as
well as a revenue collection system in the year 1772. It laid the Foundation of Adalat system.
Judicial Plan of Warren Hastings 1772
1. Warren Hastings Administrative plan divided territory of Bengal, Bihar and Orissa into number of
Districts.
2. In each District an English servant of the company was appointed as a Collector who was to be
responsible for the collection of land revenue.

 Establishment of Mofussil Diwani Adalat:- As per Warren Hastings’ plan a Mofussil Diwani Adalat
was established in every district with collector as the Judge. The court was authorized to decide all
civil cases like disputes regarding properties, inheritance, marriage, caste, debts, disputed accounts,
contracts, partnerships and demands of rent. Wherever possible religious laws of Muslim as well as
Hindus were followed and applied, E.g. Caste, marriage, inheritance etc. As the English servant who
was appointed as Collector did not understand the religious laws, Kazis and Pundits were appointed
to help him the decisions of the Mofussil Diwani Adalat in cases up to Rs.500 were final.

 Establishment of Small Cause Adalat – This Adalat decided petty cases up to Rs. 10 .The Head
farmer of the Pergunnah became the judge. This system was designed to save the traveling expenses
of poor farmers, as they did not need to travel to the district place for justice.

 Establishment of Mofussil Fozdari Adalat – In every district a mofussil nizamat or fozdari adalat was
established to try all criminal cases. The adalat consisted of the Muslim kazi, mufti and moulvies.
The moulvies interpreted the Muslim law of crimes. The Kazi and Mufti gave fatwa and render
judgment. In this adalat collector exercise general supervision over the Adalat, and saw that no
corruption was made in the case. The judgment was given impartially. This Fozdari adalat was not
allowed to handle cases where punishment was death sentence or forfeiture of property of the
accused. Such cases went to Sadar Nizamat Adalat for final orders.

 Establishment of Sadar Adalats:- Firstly two courts were established namely Mofussil Diwani Adalat
and Mofussil Fozdari Adalat over them 2 superior courts were established namely Sadar Diwani
Adalat and Sadar Nizamat Adalat. The sadar diwani adalat consisted of Governor and members of
the council and was to hear appeals from the mofussil diwani adalat in the cases over 500 Rs. The
first sitting of the Sadar Diwani adalat was held on the 17th March, 1773. On each appeal fee of 5
percent was charged. The appeals were to be filed in the Adalat within 2 months from the date of the
judgment, decree given by the Mofussil Adalat.
  Establishment of Sadar Nizamat Adalat:- Sadar Nizamat Adalat consisted of an Indian judge known
as Daroga-i-adalat who was to be assisted by the chief Kazi, chief mufti and 3 moulvies. Nawab
appointed all these persons as per the advice of the Governor. In case of death sentence punishment,
the death warrant was made by the Adalat and signed by the Nawab as the Head of Nizamat. The
governor and council supervised this adalat to control and reduce the corruption. All cases were
heard in the open court. All courts were ordered to maintain registers and records. Any case older
than 12 years was not accepted. District courts forwarded their records to the Sadar Adalat. In civil
cases when Plaintiff filed a case, defendant accused person was given only limited time to give
answer and then examine the witness and give the decree, pass the final orders. The plan tried to
reduce the expenses of people.

3. With this plan law officers like kazis, muftis were given salaries. Before this plan Judge charged the
commission but this new plan abolished this law and introduced the Court fee system where fees went to
Government.
4. After this plan and establishment of Courts for common Indians it became easy to approach the
Judiciary. Warren Hastings purposely did not take the full charge of Criminal justice system and kept the
puppet Nizam alive.
5. He did not change the forms and when possible tried to show that the company respected the Nizam.
Thus Nizam got the power to sign the death sentence. The other intelligent system that Warren Hastings
kept alive was that following Hindu laws for Hindus and Muslim laws for the Muslims.
6. In this plan the collector got many powers, collector was the administrator, tax collector, civil judge and
supervisor over the criminal courts. Because of this the collectors got unlimited powers and Warren
Hastings knew that the downside of this would be that the collectors would become corrupt .he already
told the company directors about this defect of this plan. The directors of the company understood the
fear and reality of this plan.
7. In the year 1773, Company directed the Calcutta council to withdraw the collectors as they had become
very corrupt. After this the Calcutta Government introduced a new plan for the collection of revenue and
administration of Justice on November 23, 1773 and put it into force in the year 1774.

PLAN OF 1774
1. With this plan collectors were recalled from every district. In place of Collector an Indian officer was
appointed called as Diwan or amil. Diwan got the power to collect the revenue as well as act as a judge
in the Mofussil diwani adalat. The territory of Bengal, Bihar and Orissa was divided into six divisions
with their headquarters at Calcutta, Burdwan, Murshidabad, Dinajpore, Dacca and Patna In each division
many districts were created.
2. The complete Bihar came under the Patna Division A provincial Council consisting of four or five
English servants of the company were appointed in each division to supervise the collection of revenue
and to hear appeals from the cases decided by the amil, the Indian diwan. The Provincial Council was a
link between the Mofussil Diwani Adalat and the Sadar Diwani Adalat.
3. While in the Plan of 1772, appeals from the mofussil diwani adalats lay to the Sadar Diwani Adalat in all
cases over Rs. 500, now all cases decided by the amils irrespective of their value were appealable to the
Provincial Council. This time also Warren Hastings knew that the Provisional council will do more harm
and more corruption than the Collectors. Warren Hastings considered this plan as a temporary plan but
the Regulating Act was passed at this time and Warren Hasting could not change the plan until year 1780
JUDICIAL PLAN OF 1780, FIRST INDIAN CIVIL CODE PREPARED
1. Warren Hastings knew that the judicial plan of 1774 was not perfect, and when Warren Hastings
again got the chance, he made changes to the judicial plan of 1774. On April 11, 1780 new plan was
introduced. As per the plan of 1780 judicial and executive functions were separated. Adalats –
 Function to do civil justice, no revenue work Provincial Council - No judicial work, only revenue
related work, collection and revenue cases. But with this plan the problem was that, the area was vast
and adalats were few to administer those large areas, because of this, cases were more, time was
limited with the judges and thus arrears piled up in every adalat. 2nd problem was that witnesses had
to travel lot to reach the adalats For eg. There was only one Adalat in the whole of Bihar. Because of
this people thought it better not to file the cases in courts, as filing cases in court meant delayed
justice, physical harassment, waste of time and money.

2. As per the judicial plan cases up to Rs.100 were referred to the person who stayed near the place of
litigant ,but before this it was compulsory to file the case in the Adalat, and 2nd problem was that the
person who worked as judges has to work as a honorary judge and did not get any salary . The
Zamindar or public officer acted as an honorary judge and they charged money for this and also
zamindar got the chance to do corruption as he became the honorary judge.

3. Warren Hasting was not satisfied with the plan of 1780 and always thought about improving the
judicial system in India. On 29th September 1780 Warren Hastings proposed in the Council that
chief justice Sir Elijah Impey be requested to accept the charge of the office of the Sadar Diwani
Adalat. Impey accepted this offer.

4. He remained in Sadar Adalat for a year but he introduced a lot of reforms in sadar adalat. Impey
drafted many regulations to reform the adalats. On November 3, 1780 first reform, regulation was
passed to regulate the procedure of the diwani adalats. As per this rule , the Mofussil judge had to
decide the facts , he was allowed to take the help of Hindu Pundits or Muslim Mulla if it was
necessary to understand the cause or case.

5. Impey compiled a civil procedure code for the guidance of the Sadar Adalat and mofussil diwani
adalats. It was the first code of civil procedure to be prepared in India . It was promulgated by the
Council on July 5, 1781 in the form of a Regulation. It was the digest of the civil rules The code
consolidated at one place a detailed civil procedure. The code contained 95 clauses and with it all the
previous regulations relating to civil procedure were repealed.

6. The code of 1781 clearly defined the functions, powers and jurisdiction of Sadar Diwani Adalat.
This code was translated in Persian and Bengali language that time. In India, Impey was doing a
great job, but in England people were not happy with Impey because of following reasons – Impey
was appointed as the Supreme Court judge to monitor the Company affairs in India. But in India
Impey started to work as a company servant when he accepted office as the Judge of Sadar Adalat.

7. Accepting this violated the Regulation act. Because of other job, they believed that Impey would not
do the justice with the job of Supreme Court. Because of all above reasons , on 3rd May 1782 in
England House of Commons adopted a resolution requesting the crown, king , to recall Impey to
answer the charge of having accepted an office and violating the Regulating act.

8. After this Impey left India on 3rd December 1782 Regarding criminal justice system Warren Hasting
took certain steps. Machinery was created for the purpose of arresting criminals and bringing them
before the fozdari adalat for the trial. This system never existed in India before this. A new
department, office of the Remembrancer was created at Calcutta to keep watch on the functioning of
criminal adalats. The department was to work under the Governor General. The head of the
department was known as Remembrancer of criminal courts.

9. All criminal courts were required to send periodical reports to this department. Everything was done
as per the Muslim criminal law and Warren Hasting was not happy with many things, and wanted to
 reform them, he tried his best but company heads did not accept his views. Because of this in
criminal justice system, everyone made money using the corrupt ways.

Q2- JUDICIAL REFORMS BROUGHT BY LORD CORNWALLIS

Lord Cornwallis succeeded Warren Hastings as the Governor General of India. He put forward certain
conditions before The Crown before accepting the post of Governor-General. They were:
 The office of Governor General and the commander-in-chief would be united under one person i.e.
the Governor General.
 The Governor General-in-council will have veto over the council on all decisions made concerning
administration and military.
 His aims as Governor General were to:
 Uproot corruption from the present judiciary and administration system.
 Tackle the problem of land revenue.
 Develop a proper system of administration of justice.
Lord Cornwallis was Governor General from the year 1786 to 1793 and his most noted work was in the field
of criminal judicature. He introduced changes in the judicial system in three years – 1787, 1790 and 1793.
These were known as Judicial Plan of 1787, 1790 and 1793 respectively.
JUDICIAL PLAN OF 1787
1. Reorganisation of districts
The number of districts in Calcutta were reduced from 36 to 23.
2. Appointment of collector
A collector was appointed in each district. He was an Englishman. Collector was assigned with two tasks –
to collect revenue and to decide cases arising out of revenue matter.
He also presided over the mofussil diwani adalat (district level civil court) as a judge. In mofussil diwani
adalat, he would decide civil cases and cases of zamindars. Appeals from the mofussil diwani adalat lay to
the Sadr Diwani Adalat when the matters exceeded Rs.1000/-. The Sadr Diwani Adalat was presided was the
Governor General.
He also presided over the Magistrate’s Court as a Magistrate, where he was empowered to try and punish
cases of petty crimes and offence upto Rs. 200. Offences having value of more than Rs.200 would be sent to
the Sadr Nizamat Adalat by the Magistrate.
3. Establishment of Mal Adalats
 Mal Adalats were revenue courts in each district which exclusively dealt with revenue matters.
 This court was presided by the Collector who decided cases related to revenue as he was an in charge
of revenue matters.
 Appeal from the Mal adalat lay to the Board of Revenue in Calcutta and then to the Governor
General-in-council.
4. Establishment of Registrar Courts
An assistant officer of the collector was appointed who was known as the Registrar. He was appointed in
each district who presided over the Registrar’s court which decided civil cases upto the value of Rs.200/-
But the decree passed by the Registrar was not final until it was signed by the Mofussil Diwani Adalat i.e.
the Collector.
JUDICIAL PLAN OF 1790
1. Reorganisation districts into divisions
The districts were divided into four divisions – Murshidabad, Calcutta, Dacca, and Patna.
2. Moffusil Faujdari Courts were abolished
Mofussil Faujdari Courts were the district level criminal courts. They were abolished and replaced with
Court of Circuits.
3. Establishment of Court of Circuits
A court of Circuit was Established at each of the four divisions. It was presided by 2 servants of the
company and they were assisted by Muslim law officers – Qazi and muftis. It was not a stationary court.
Instead it was a moving court which moved from district to district in their respective division to try criminal
cases. They visited each district of their division twice annually.
4. Increase in Salaries
The salaries of all Judges of all court were fixed and increased to control corruption that was prevalent in the
current system of justice.
5. Collector to make a report of the working of courts
Collector to make a report of the working of courts he was incharge of i.e. the Magistrate, Mal Adalat and
Mofussil Diwani Adalat; and send it to the British Parliament of England bi-annually and annually.
6. The Post of Nawab was abolished
The post of Nawab, who used to preside over Sadr Nizamat Adalat was abolished as he did not carry out
criminal justice properly and it was now presided by the Governor General-in-council instead.
7. Court Fees
Court fees was introduced to reduce the burden on courts. Court fees was only charged for pleaders of the
court and for calling the witnesses of the case.
8. Questionnaire sent to the Magistrates
A questionnaire was sent to the magistrates asking for their opinions on the prevailing criminal judicial
system.
Defects of the Judicial Plan of 1790
The magistrates’ opinions in the questionnaire sent to them revealed the evils of the criminal justice system.
This made Cornwallis realize that certain vital changes were required in the system of criminal justice.
Two important sources of these evils were-(i) defects in the constitution of the criminal courts (ii) the gross
defects in the Muslim law of Crimes.
Cornwallis resolved to abolish the authority of Nawab over the criminal judicature and to transfer the
administration of criminal justice from Muslim Law officers to the Company’s legal servants.
Court of Circuits were moving courts which were overburdened with cases, which caused them delay in
moving from one district to another and could not visit some districts twice annually due to the delay.
There was a lot of collective power of administration and judiciary vested with the collector which made
him abuse his power.
Judicial Plan of 1793
1. Separation of Executive and the Judiciary
The powers vested in the collector were administrative and judicial as he was also in charge of collection of
revenue and for deciding cases arising out of revenue matter. Now, the collector was only responsible for the
collection of revenue.
2. Mal Adalats were abolished
Revenue courts which exclusively tried cases arising out of revenue matters and presided by the Collector as
Judge, was now abolished.
All powers and pending suits of the Revenue courts were now transferred to Mofussil Diwani Adalats and
thus not tried by the collector.
3. Executive subjected judicial control
The Governor General and his council were now subject to judicial control. Any wrong acts committed by
them while carrying out their functions and outside of it could be heard or tried and punished by the Diwani
Adalats. Suits against the Government by private individuals could be brought forward and were tried by the
Diwani Courts.
4. Indian natives had to sign a bond with the British Subjects agreeing to go to court
British could recover claims from Indian natives and vice versa by signing a bond with each other agreeing
to go to court.
5. Establishment of Provincial Courts of Appeal at the four divisions
Earlier the appeal from the Mofussil Diwani Adalats lay to the Sadr Diwani Adalat situated at Calcutta. But
this process for time consuming and expensive so provincial courts of appeal were established at each
division i.e. Patna, Calcutta Murshidabad and Dacca. Appeals from the Mofussil Adalat now lay to the
provincial court of appeal which were to be heard within three months of filing them. These courts were
presided by three covenant English servants of the company. Quorum was of two servants. It was an open
court and could try revenue, civil and criminal cases. They could also try cases referred to them by the Sadr
Diwani Adalats.
Cases valued more than Rs. 5000 were referred to the King-in-council.
6. Native Officers given important posts
Native officers were appointed by the Governor General-in-council.Native officers were made Munsiffs of
the Munsiff courts at district level. This court could try cases upto Rs.50. Zamindars, Tehsildars, etc
appointed as Munsiffs.
Personal Laws of Hindus and Muslims were applicable in cases relating to marriage, inheritance, caste,
religious usages and institutions. These personal laws were interpreted by the native officers who were
appointed to assist the court to expound the personal law
7.Sadr Diwani Adalat
It was highest court of appeal in India. It was presided over by the Governor General and the Council who
were the Judges of the Sadr Diwani Adalat. Their function was to supervise the lower courts and to hear
appeals from the provincial courts of appeal when the sum of the matter of the case was more than Rs.1000.
Further an appeal from the Sadr Diwani Adalat lay to the King-in-council, when the sum of the matter of the
case was more than Rs.5000.
8. Reforms in criminal judicature
The court of circuit was merged with the provincial court of appeal. The power of the collector as a
magistrate was taken away and was vested in the judges of the diwani adalats instead.
9. Uniform pattern of Regulations
Until now, any new regulation that was issued did not follow an uniform pattern. This was changed by
making it a rule that any new regulation that would be made would have a title to explain the nature of the
subject matter and contain a preamble which would state the purpose for enacting the regulation.
10. Reforms in Muslim Personal Law
The Sadr Nizamat Adalat was directed to to follow the muslim personal law to try and punish criminal cases,
but with some modifications. The relatives of murder victims did not have a provision to pardon the
murderer. The cruel and inhuman punishments such as cutting off limbs of the offender were replaced with
punishment of imprisonment and hard labour for 14 years.
11. Court Fees abolished
Court fees which was imposed in the judicial plan of 1787 was abolished. The court fee was abolished so
that the people could easily reach to the court for securing justice.
12. Legal Profession recognised for the first time in India
The legal profession was recognised in India for the first time. The pleaders of the case had to have prior
legal knowledge to be eligible to be a pleader of the court.
Defects of the judicial plan of 1790
The provisions of multiple levels of appeals made the judicial machinery complicated and slow moving.
Thus, large number of cases remained pending in the courts for long period.
The Indians were totally excluded from the judiciary except at very low level of munsif. Cornwallis was of a
belief that the Indians were unworthy of holding any position of responsibility because of their character.
This distrust shown towards the Indians generated the dissatisfaction among the native people as well as
made the system less efficient as the English servants did not know and understand the customs, usages, etc.
of the people; therefore Europeans could not understand nor provide solutions the problems of the natives.
Cornwallis did everything on procedural side but he could not reform the substantive part of law mainly the
criminal law which was based on Muslim law and had many defects.
Conclusion
Through his various judicial plans, Cornwallis was successful to uproot the evil of corruption. Though
Cornwallis was a just administrator, he was seen as a racial discriminatory as he reserved all the high posts
of judicature for the Europeans. Even though Cornwallis almost perfected the administration of civil
judicature, the problem of criminal law was still prevalent as the criminal law was based on Muslim personal
law which already had prevalent defects in it.