Evolution of Judicial system in British India

I. Introduction

• The British introduced a modern system of justice in India to facilitate their colonial rule.

• Initially, the British followed the existing indigenous system of justice, which consisted of local panchayats and Muslim qazis.

• However, the British gradually transformed the judicial system to suit their needs and to ensure their dominance over India.

II. Judicial Reforms by Warren Hastings

Supreme Court:

• In 1774, Warren Hastings established the Supreme Court of Judicature at Fort William in Calcutta. This court was intended to be a superior court for all civil and criminal cases, with a Chief Justice and three other judges. The court had jurisdiction over the presidency towns of Calcutta, Madras, and Bombay.

Provincial Courts:

• Provincial courts were established in each of the three presidencies to deal with the cases outside the jurisdiction of the Supreme Court.

• These courts were headed by a judge, and their decisions could be appealed to the Supreme Court.

District Courts:

• District courts were established in each district, headed by a European District Judge, and had jurisdiction over civil and criminal cases.

Courts of Diwani:

• In 1772, Warren Hastings introduced the system of Courts of Diwani to administer justice in the civil cases involving revenue and taxes.

• These courts were headed by Indian judges and assisted by European judges.

• The appeal from District Diwani Adalats lay to the Sadar Diwani Adalat which functioned under a president and two members of the Supreme Council.

Faujdari Adalat:

• The Faujdari Adalats were established to deal with criminal cases in the mofussil areas outside the presidency towns.

• These courts were presided over by the Faujdar, who was also the local military commander.Muslim law was administered
  in Fauzdari Adalats.

Establishment of Pandits and Maulavis:

• To assist in the administration of justice, Warren Hastings appointed Pandits and Maulavis as judges to deal with cases involving Hindu and Islamic law, respectively.

III. Reforms under Cornwallis (1786–93)—

Separation of Powers

• In the late 18th century, during the tenure of Cornwallis as Governor-General of India, the judicial system underwent significant changes.

• One of the essential reforms was the abolition of District Fauzdari Courts and the establishment of circuit courts in Calcutta, Dacca, Murshidabad, and Patna, which had European judges acting as courts of appeal for both civil and criminal cases.

• The Sadar Nizamat Adalat was shifted to Calcutta and put under the Governor-General and members of the Supreme Council, assisted by the chief qazi and the chief mufti.

• The District Diwani Adalat was now known as the District, City, or the Zila Court and placed under a district judge. The collector was responsible only for revenue administration with no magisterial functions.

• A gradation of civil courts was established for both Hindu and Muslim laws, including the Munsiff's Court under Indian officers, Registrar's Court under a European judge, District Court under the district judge, four Circuit Courts as provincial courts of appeal, Sadar Diwani Adalat at Calcutta, and King-in-Council for appeals of 5,000 pounds and above.

The Cornwallis Code was laid out, which included:

• — Separation of revenue and justice administration.
• — Bringing European subjects under the jurisdiction of the courts.
• — Making government officials answerable to the civil courts for actions done in their official capacity.
• — Establishing the principle of sovereignty of law.

The structure of judiciary during Cornwallis's time

• The Cornwallis reforms brought significant changes to the judicial system, with the establishment of circuit courts and the designation of the District Diwani Adalat as the District, City, or the Zila Court placed under a district judge.

• A gradation of civil courts was established under Hindu and Muslim laws, with a European judge presiding over the Registrar's Court and four Circuit Courts as provincial courts of appeal.

• The Sadar Nizamat Adalat was shifted to Calcutta and put under the Governor-General and members of the Supreme .

• The Cornwallis Code laid out reforms that separated revenue and justice administration, made government officials answerable to civil courts for their actions done in their official capacity, and established the principle of the sovereignty of law.

IV. Judicial  Reforms under William Bentinck (1828–33)

William Bentinck, the Governor-General of India, introduced several reforms in the Indian judicial system during his tenure. Some of the significant reforms are:

Abolition of Circuit Courts

• William Bentinck abolished the four Circuit Courts established during Cornwallis's time and transferred their functions to the collectors, who were under the supervision of the commissioner of revenue and circuit.

Establishment of Sadar Diwani Adalat and Sadar Nizamat Adalat

• William Bentinck set up Sadar Diwani Adalat and Sadar Nizamat Adalat at Allahabad for the convenience of the people of Upper Provinces.

Option to Use Vernacular Languages

• Before William Bentinck's reforms, Persian was the official language in the courts. However, under his reforms, the suitor had the option to use either Persian or a vernacular language while appearing in court.

Introduction of English Language in Supreme Court

• William Bentinck replaced the Persian language with the English language in the Supreme Court.

Establishment of Law Commission

• In 1833, William Bentinck set up a Law Commission under the leadership of Macaulay. The commission was responsible for codifying Indian laws.

Codification of Indian Laws

• The Law Commission prepared a Civil Procedure Code in 1859, an Indian Penal Code in 1860, and a Criminal Procedure Code in 1861. These codes streamlined the Indian legal system and made it more accessible to the common people.

In conclusion, William Bentinck's judicial reforms paved the way for a more efficient and accessible legal system in India.

V. Judicial Reforms after William Bentinck

• The British introduced further reforms in the judicial system after William Bentinck.

• They established high courts in Bombay, Madras, and Calcutta in 1861, which became the highest courts of appeal in their respective regions.

• The British also introduced the Indian Penal Code in 1860, which became the basis of the criminal justice system in India.

• The Government of India Act 1935 provided for a
  Federal Court which was set up in 1937.