history

CHANAKYA NATIONAL LAW UNIVERSITY

A Project On

`

WARREN HASTINGS PLAN OF 1772 & 1774

Made By: Nidhi Navneet

1st year (2nd semester)ROLL No.570

B.A.LL.B. (Hons)

SUBMITTED TO: - Dr. Priya Darshini

FACULTY: - History - II

Warren Hastings Plan of 1772 & 1774 1

ACKNOWLEDGEMENT

I am feeling highly elated to work on the topic “Warren

Hastings Plan of 1772 And 1774” under the guidance of my HISTORY

teacher. I am very grateful to her for her exemplary guidance. I would like to

enlighten my readers regarding this topic and I hope I have tried my best to

pave the way for bringing more luminosity to this topic.

I also want to thank all of my friends, without whose

cooperation this project was not possible. Apart from all these, I want to

give special thanks to the librarian of my university who made every

relevant materials regarding to my topic available to me at the time of my

busy research work and gave me assistance. And at last I am very much

obliged to the God who provided me the potential for the rigorous

research work.

At finally yet importantly I would like to thank my parents for

the financial support.

-----------Thanking you

Nidhi Navneet

C.N.L.U.


Contents

INTRODUCTION......................................................................4

WARREN HASTING................................................................7

1. Administrative Reforms:.............................................................8

2. Revenue Reforms:.......................................................................8

3. Economic Reforms:.....................................................................9

4. Judicial Reforms:........................................................................9

Impeachment Of Warren Hastings..............................................10

BACKGROUND TO JUDICIAL ADMINISTRATION IN INDIA..........11

1. Courts in Bengal under the Mughals.........................................11

2. Origination of a legal vacuum...................................................12

3. Grant of Diwani.........................................................................13

4. The Company as Diwan............................................................13

THE DUAL GOVERNMENT OF BENGAL.............................14

Effects Of The Dual Government...............................................16

1. Merits of the Dual Government:...............................................16

2. Demerits of the Dual Government:...........................................17

THE JUDICIAL PLANS...........................................................19

Plan of 1772.................................................................................19


Plan of 1774.................................................................................23

DEFECTS OF THESE PLANS................................................25

Defects of plan of 1772...............................................................25

Defects of plan of 1774...............................................................26

CONSEQUENCES OF THESE PLANS..................................27

CONCLUSION........................................................................29

BIBLIOGRAPHY.....................................................................32


INTRODUCTION

The modern legal system prevalent in India owes its origin to the

British rule which ensued after the East India Company obtained political

authority over Bengal, Bihar and Orissa in 1765. It established its judicial

machinery and procedure first in Bengal presidency and then extended it to

other parts which were annexed to British jurisdiction. Till then, though their

factories at Calcutta, Madras and Bombay were legally part of the dominion of

the Mughal emperor, the judicature of the company was independent of the

native authorities and it was limited only to the limits of the trading factories

and its employees.

The development of Indian judicial system started with the

enactment of British charters time to time with each charter advancing and

modifying the previous one. By the charter of 1726, a mayor court was

established in all the three presidencies, each consisting of a mayor and nine

aldermen. These courts were called ‘the courts of record’ having authority to

try, hear, and determine all civil suits, actions, and pleas within their

jurisdiction. Appeals against the decision of the mayor court were made to the

government Court of Records constituted by the Governor and Council of

each of the three presidencies.

But this too had some defects and thus was not proved sufficient.

From the constitution and the procedure of the courts, it was therefore clear

that the courts primarily concerned the British and the final authority in that

judicial system lay with the British Crown. In 1753, it was proclaimed that the

suits involving natives were not to be entertained by them. The company did


not claim any jurisdiction, at that time, over the natives living even within

their presidencies. This policy of keeping the company aloof of political

sovereignty over the natives continued to be the touch stone of the company

up to 1772. The legal sovereignty over the natives continued to be claimed

and facade of judicature maintained by Nawab. The company obtained Diwani

from Shah Alam in 1765 and thus, the revenue matters came under the

purview of the company. It led to the establishment of the ‘infamous’ Dual

government.

There was a multiplicity of judicial authorities. In Calcutta, itself

there existed five authorities i.e. – The Nawab’s court, the Diwani, the

Fauzdari court, the Mohtesil and the Kotwal. In rural areas, Zamindars

exercised their jurisdiction. The competency of the courts depended only on

authority which had, in fact been misappropriated by the British and their

agents as in the Diwani affairs. The company directors were forced to bring an

end to this system of dual government and thus in 1772, Warren Hastings was

directed to take over the administration in his own hands.

WARREN HASTINGS (1732-1818), the first governor-general of

British India, was born on the 6th of December 1732 in the little hamlet of

Churchill in Oxfordshire. In 1758, Hastings was made the British resident in the

Bengal, at the instigation of Robert Clive1, as a writer. After the retirement of

Cartier, he was appointed the governor of Bengal in 1772. After the passing of

the Regulating Act, he became the Governor General of Bengal. He became

the first and the most famous of the British Governor Generals of India, who

dominated Indian affairs from 1772 to 1785 and was impeached (though

acquitted), on his return to England.1 Robert, Lord Clive, Baron of Plassey. ‘Clive of India’. (1725-74). English general and colonial administrator.


When Warren Hastings took up office as governor of Bengal, he had

to face many difficulties. There was chaos in the country. The ‘Dual

Government’ had caused confusion and disorder in the state. There was no

satisfactory arrangement for the collection of revenue and the revenue

income was irregular. Besides these, the Marathas became powerful under

Peshwa Madhav Rao and became a threat to the Company. And in Deccan,

Hyder Ali rose to power and became a formidable rival to the English.

However, Warren Hastings was very successful in tackling all these problems.

He established sound procedures for administering justice and collecting

revenues during a difficult time of transition. He gave the plan of 1772 and

1774 which marked the beginnings of Adalat System and Supreme Court in

India.


WARREN HASTING

Warren Hastings joined the English East India Company as a writer

at the age of 18. Later on he was appointed as the resident of Kassim Bazar

where he showed that he was a man of parts. When the place was captured by

Siraj-ud-Daula, he was captured but he managed to escape.

In 1761, he was made a member of the Calcutta Council.

He went home for a few years and came back as a member

of the Madras council. After the retirement of Cartier, he

was appointed the governor of Bengal in 1772. After the

passing of the Regulating Act, he became the Governor General of Bengal.

When Warren Hastings took up office as governor of Bengal, he had

to face many difficulties. There was chaos in the country. There was practically

no administration. The servants of the company were doing havoc to the

people. While the company was getting nothing and its treasury was empty, its

servants were making fortunes. There was no administration of justice worth

the name. Everything required overhauling.

The ‘Dual Government’ had caused confusion and disorder in the

state. There was no satisfactory arrangement for the collection of revenue and

the revenue income was irregular. The treasury was empty and there was

terrible famine in the country. The country was infested with robbers. In

addition to these troubles, the Marathas were a source of danger. The Marathas

became powerful under Peshwa Madhav Rao and became a threat to the

Company. The emperor Shah Alam had left the protection of the British and

gone to the Marathas. And in Deccan, Hyder Ali rose to power and became a

formidable rival to the English. Warren Hastings had to meet all these


difficulties.2 However, Warren Hastings was very successful in tackling all

these problems.

Warren Hastings carried out a large number of reforms and those of

maybe discuss under four hands, viz., administrative, revenue, economic and

judicial.

1. Administrative Reforms:

Warren Hastings put an end to the dual system of government in

Bengal which was established by Robert Clive in 1765. The Company took

over the responsibility of administration of the province and started to collect

the revenue through the agency of its own servants. Mohammad Reza Khan

and Raja Sitab Rai, who were the Deputy Nawabs of Bengal and Bihar, were

removed from their offices. The treasury was shifted from Murshidabad to

Calcutta and it became the seat of government.

2. Revenue Reforms:

Although the Company had got the Diwani of Bengal, Bihar and

Orissa in 1765, the work of collection of land revenue had been left in the

hands of Amils. Warren Hastings decided that the Company must directly

collect the revenue. Consequently, he appointed collectors for revenue

collection and administration, who were to be helped by native officers.

Settlement was made for five years with the highest bidders. To supervise the

whole organization, a Board of Revenue was established at Calcutta. This

revenue system was found to be defective and consequently in 1777 the old

system of bidding for a year was resorted to. He made the account of revenue

simple and intelligible and made many provisions for the protections of Ryots.

2 Excerpt taken from Modern Indian History by V D Mahajan, 7th edition, 2003, S. Chand publishing company.


3. Economic Reforms:

Warren Hastings prohibited the use of Dastaks by the servants of the

Company and thereby added to the revenues of the Company. He abolished a

large number of custom houses or Chowkies as they were hampering the

growth of trade in the country. He reduced the duties on all goods except salt,

betel nut and tobacco.

He reduced the allowance of the Nawab of Bengal from 26 lakhs of

rupees to 16 lakhs of rupees. He also took over district of Kora and Allahabad

from the Mughal emperor and sold them to the Nawab Wazir of Oudh for

rupees 50 lakhs. He also obtained a large sum of money from the Nawab of

Oudh for helping him against the Rohilas.

4. Judicial Reforms:

Warren Hastings carried out a large numbers of reforms in the

judicial sphere. In 1772, he established Diwani Adalat (Civil Court) and a

Faujdari Adalat (Criminal Court) in each districts. The Diwani Adalat was

presided over by the English collector and Faujdari Adalat was presided over

by Indian officers Qazis and Muftis. Two courts of appeal were established at

Calcutta. They are the Sadar Diwani Adalat (the Supreme of Civil Court) and

the Sadar Nizamat Adalat (the Supreme Criminal Court) which heard appeals

from the Diwani Adalat and Faujdari Adalat respectively. He also compiled a

simple code about the personal laws of Hindus and Muslims.

Warren hastings strengthened the British power in India. The treaty

of Banaras (1773) and the treaty of Faizabad increased the influence of the

English on the state of Avadh. The Nawab virtually became a dependant ally of

the British. The first Maratha war was not a decisive war, yet it exposed the

internal weakness of the Marathas. The second Mysore war also did not


determine the fate of Mysore but certainly enhanced the prestige of the English

arms. Besides these wars, Warren Hastings consolidated the British power by

taking over the administration of Bengal under the direct charge of the

Company and by introducing several reforms which laid down the foundation

of British administrative structure in India.3

IMPEACHMENT OF WARREN HASTINGS

Warren hasting was quite successful in his reforms and in raising the

prestige of the Company. His two wars against the two strong powers in India,

however, put heavy financial burden on the company which forced him to

engage himself in certain illegitimate actions to gain money. He therefore was

impeached by the British parliament after his return to Britain. He was charged

with nearly twenty cases. Edmund Burke led this impeachment which began in

1788 and continued up to 1795. He was finally acquitted of all charges. Yet,

there is no doubt that, in certain cases, he had acted unjustly. A few important

cases for which he was impeached and which created serious doubts about his

character and legitimacy of his means to achieve his aim were as follows:4

The Rohilla War

The case of Raja Nand Kumar

The case of Chait Singh, Raja of Banaras

The case of the Begums of Avadh.

Warren Hastings was a versatile genius. He has a limitless energy

and strong determination. In spite of their difficulties which he had to

encounter in the country he was able to accomplish a lot.

3 Landmarks in Indian Legal and constitutional History by V D Kulshreshtha, revised by B M Gandhi, 8th

edition, eastern book company, Lucknow.4 Excerpt from History of Modern India by L P Sharma, 2nd revised and enlarged edition, Konark publishers Pvt. Ltd.


BACKGROUND TO JUDICIAL ADMINISTRATION IN INDIA

1. Courts in Bengal under the MughalsIn the later Mughal period from 1750 onwards the Mughal Empire

began to disintegrate. The provinces assumed independence under Subedar,

Nawabs and the executive officers began to try cases themselves. In Bengal the

courts which were administering civil and criminal justice, in the districts and

at the provincial capital may be stated as follows:

At the provincial headquarter three courts were established namely

Nazim-e-Subah, Darogha-e-Adalat Diwani and Darogha-e-Adalat Aliah.

The court of Nazim-e-Subah was the highest Court of the Province which dealt

with all Criminal appeals from District Courts. The court of Darogha-e-Adalat

Diwani heard all the local civil suits and appeals from the district civil courts.

The court of Darogha-e-Adalat Aliah disposed of all the revenue work on

behalf of the diwan.

In each District, courts were established to hear civil and criminal

cases but there were too many courts assigned with different functions which

caused difficulties to the common mass. To dispose of civil litigation, three

courts were established, namely, Qazi, Zamindar and Qanungo. Apart from

this, there were four criminal courts namely, Faujdar, Zamindar, Qazi and

Kotwal. From all these courts appeal was allowed to the court of Nazim-e-

Subah.

India during Warren Hastings.


2. Origination of a legal vacuumAccording to Kapoor5, “the Mughals had an elaborate governmental

machinery and had evolved civil and criminal laws to govern their subjects.

But unlike the modern times, there was no specific law to govern foreigners.

Also, the Mughal government had no interest towards it and thus, in respect of

inter se affairs of foreigners in these settlements, a legal vacuum were created,

in which grew the legal and political authority of the foreign governments”.

This lacuna and weakness of the Mughals in their administration proved fatal

and they became an easy prey to the foreigners.

There were many defects in the judicial system. The Zamindars were

empowered to try both civil and criminal cases and thus

became a very powerful person. James Mill had

remarked the functions and pointed out the extensive

powers of Zamindar.6 In the districts the peasants were

deprived from justice even according to the local

customary law. Also, the Judges and the Servants of

government were found to be corrupt, increasing the

defective state of local system. The courts became the

instrument of power instead of justice.

To tackle all these problems and to remove corruption7 from the

administration of justice, Warren Hastings was transferred from Madras to the

Governorship of Bengal in 1772. He first of all paid his attention to remove all

those evils which were the greatest obstacles in the proper collection of the

revenues of Bengal, Bihar and Orissa.

5 A.C. Kapoor : Constitutional History of India, Edn. 2nd, 1976, Ch.1.6 James Mill, The History of British India, Vol. III, p.467.7 Rama Jois: Legal & Constitutional History of India, Ch. 4, pp.142,143.


3. Grant of DiwaniWith the Battle of Plassey in 1757, the real authority of the Nawabs

of Bengal passed to the English company.8 Further, the Battle of Buxar, the

emperor of India got defeated which had far reaching political consequences to

British power in India. The court of Proprietors of company in England sent

Clive to India who reached on May 3, 1765. Clive’s first achievement was that

he entered into a treaty and prevailed upon the Mughal emperor Shah Alam to

confer momentous power upon the East India Company and thus the emperor

in August 1765 granted the Diwani of Bengal, Bihar and Orissa to the

company.

4. The Company as DiwanClive left India in 1767. The working of Clive’s policy of diarchy in

Bengal created anarchy. Nobody was taking responsibility for the conduct of

the government and the deteriorating conditions of the natives. The Directors

of the Company suspected and blamed Indian Officers for the evils. In 1771,

therefore, the company changed its policy and the directors declared their

resolution “to stand forth as ‘Diwan’ and by the agency of the company’s

servants to take upon themselves the entire care and management of

revenues”.9 In order to implement this changed policy and achieve their aim,

the Directors transferred Warren Hastings from madras to the governorship of

Bengal in 1772.

The main object of the Company was to bring under the direct

control of the Company’s servants the revenue collections and civil justice in

order to save both the riots and the government from hardships caused due to

the existence of the intermediaries.

8 Thornton, History of British India, Vol. I, pp. 410-20.9 General letter of the Court of Directors to Bengal dated August 28, 1771.


THE DUAL GOVERNMENT OF BENGAL

Following the Treaty of Allahabad (1765), Robert Clive set up the

infamous dual system of administration in Bengal

wherein the Company acquired the real power, while

the responsibility of administration rested on the

Nawab of Bengal. The Nawab or Subedar of Bengal,

as Viceroy of the Mughal Emperor, exercised two

functions namely the Diwani and the Nizamat. The

Diwani was concerned with revenue and civil justice

and the Nizamat with military power and criminal justice. The Nawab granted

practically the Nizamat to the Company in 1765. The Mughal Emperor Shah

Alam granted Diwani to the English Company in August 1765. Thus the

Company held Diwani from the Emperor and the Nizamat from the Subedar.

The difficulty was created by the fact that the servants of the

Company did not undertake duties as Diwan or Nizam in their own person.

Hence, it appointed two deputy diwans for exercising diwani functions-

Mohammad Reza Khan for Bengal and Raja Sitah Roy for Bihar. Mohammad

Reza Khan also functioned as deputy nizam. In this way, the whole

administration of Bengal was exercised through Indian agency, although the

actual authority rested with the Company. In 1769, English supervisors were

appointed to control the native revenue officers, but they made confusion

worse confounded and corruption also increased.

The system proved ruinous to the country. No one felt the

responsibility for the welfare of the people. The Indian officials who had

administrative responsibility had no effective power to enforce their decisions.

They were helpless in the face of company’s servants whom they regarded as


their real masters. They could not therefore, afford to take any punitive action

against Company’s servants even when they committed breaches of peace or

indulged in acts of injustice or oppression. The Company’s servant interfered

with the judicature and the government of the company with impunity.10

The Nawab was merely a puppet in the hands of the British. The

Nawab was their creature and depended upon them for his very existence. Lord

Clive could have abolished his office and had assumed control of the

Government directly. The great disadvantage of the scheme was that it

separated power from responsibility. The British were given control over the

province but they did not feel any responsibility for its administration and

could not be held responsible for anything done badly. The weakness of the

system became clear in 1770 when a severe famine broke out in Bengal. The

servants of the Company did not feel any duty towards the people who were

left to die in thousands.

Formally, the abolition of the dual government did nothing more

than that the Company was to collect its revenues through the agency of its

own servants. In reality it meant becoming responsible for the whole of civil

administration. The first step towards abolition was the abolition of the offices

of the Naib Diwans of Bengal and Bihar and the persecution of Mohammad

Razqa Khan and Raja Shitab Rai for peculation. After a long trial, both of them

were acquitted. Although Warren Hastings was opposed to it, it served its

purpose.

The dual system of Government set up by Clive was abolished by

Warren Hastings. It was not intended to last forever. It was merely a stop-gap

arrangement with a view to tide over the difficulties confronting the English in

1765.

10 Details in VII Report (1772).


EFFECTS OF THE DUAL GOVERNMENT

On analyzing the results of the Dual Government in Bengal it can be

visualized that it was beneficial for company's administration in Bengal under

the prevailing circumstances and injurious to the people of Bengal who were

administrated by such system.

1. Merits of the Dual Government:

Clive showed his sagacity by following the policy of decentralization

in the matter of Company's administration in Bengal. By this policy he could

safely avert possible combined attack from the side of the Indian princes. Also,

by the dual system of Government in Bengal Clive could save the company

from the jealousy of the other European powers like the French, the Dutch and

the Portuguese. These European powers would have withdrawn their payment

of tariff to the servants of the Company on the event of Clive's occupation of

Bengal.

Clive was wise enough not to take upon the administration of Bengal

directly. He knew well that the servants of the company were not conversant

with the languages, customs, traditions and laws prevailing among the people

of Bengal. They would have cut a very sorry figure had they been entrusted

with the administration of Bengal in the event of Clive's occupation of the

state. Both the Board of Directors and the British Parliament were not in favour

of direct administration in Bengal. Clive did not like to insure displeasure of

the home authority by taking over the administration of Bengal directly. By

establishing Dual Government in Bengal Clive showed his honour to the Board

of Directors on the one hand and saved the Company from the wrath of British

parliament on the other. The English Company got power and pelf by this

system of Government by successfully keeping themselves away from the


hazards of administration. For every omission and commission in the

Government the Nawab of Bengal was to Bengal held responsible.

The dual government system held a great advantage for the British-

they had power without responsibility. The Nawab and his officials were

responsible for administration, but they had no power to discharge it.

2. Demerits of the Dual Government:

The Dual Government of Clive has been criticized in various ways. It

led to disastrous results. The administration in Bengal almost collapsed. Power

was divorced from the responsibility. The British were in possession of power

and money where as the Nawab had neither power nor money. He had only the

responsibility of running the administration. The company tried to improve its

own lot by the revenue it collected from Bengal, Bihar and Orissa. The Nawab

could not do any work of public utility due to paucity of fund. The Nawab also

had no power to enforce law. As a result lawlessness prevailed in most parts of

Bengal. The common people had to suffer a lot due to want of justice.

The condition of agriculture in Bengal gradually deteriorated under

the Dual Government of Clive. As they had no power, they could not make any

provision like irrigation for the development of agriculture in Bengal. The great

famine of 1770 was an indirect outcome of the above difficulties. The poor

administration in Bengal led to rapid increase of private trade. The servants of

the East India Company carried on trade and commerce privately without

paying any tax. But on the other hand the merchants of Bengal suffered a lot,

because they were over burdened with tax.

The Dual Government of Clive was further responsible for the

downfall of local industries. The company's people forced the local weavers to


work exclusively for the company. The judges of the Nawab were influenced

by British authority, because the latter played vital role in their appointment.

Thus, the judges failed to give impartial verdict which

was detrimental to the interest of the public.

Thus, the Dual Government of Clive proved to

Bengal a failure. It gave rise to several complicacies in

the administration of Bengal. The absence of

responsibility on the part of the company led to abuses of

power and corruption. Hastings in the late 18th century, as painted by

Lemuel Francis Abbott.


THE JUDICIAL PLANS

Plan of 1772

The Judicial Plan of 1772 as been formulated by Warren Hasting

consisted of 37 regulations dealing with civil and criminal laws. It was the first

Anglo-Indian Code, which worked out on the basis of experience and common

observations. An endeavour was made to adopt it to the manners and

understandings of the people and exigencies of the country, adhering as closely

as possible to their ancient usages and institutions. The idea was to retain, as

far as possible, the native magistracy and codes of law, recorded and oral, to

which the people had become accustomed. The plan aimed at correcting the

defects without destroying the traditions of the local systems. Thus this plan

divided the territory of Bengal, Bihar and Orissa into number of Districts. In

each District an English servant of the company was appointed as collector

who was to be responsible for the collection of land revenue. The main features

of Judicial Plan of 1772 may be explained under the following headings.

For management of civil justice, the following courts were

established:

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. Where ever possible religious laws of

Muslim as well as Hindus were followed and applied, e.g. Caste, marriage,

inheritance etc. As 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: As name says, 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.11

For administration of Criminal Justice, the following courts were

established:

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.12

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 was 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

11 Dr. N.V. Paranjape, Indian Legal & Constitutional History, 5th Edn., Central Law Agency12 Prof. J.K. Mittal, Indian Legal & Constitutional History, 1st Edn., Allahabad Law Agency, P. 37


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 Governor. In case of death sentence, punishment 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.13

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. 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. After

this plan and establishment of Courts for common Indians it became easy to

approach the Judiciary.

Warren Hastings was very intelligent person; he purposefully did not

take the full charge of Criminal justice system and kept the puppet Nizam

alive. He did not change the forms and when possible tried to show case that

company respected the Nizam. Like Nizam got the power to sign the death

sentence. The other clever intelligent system Warren Hastings kept alive was

that following Hindu laws for Hindus and Muslim laws for the Muslims. In this

plan collector got the many powers, collector was the administrator, tax

13 Ibid.


collector, civil judge and supervisor over the criminal courts. With this

collectors got the unlimited powers and Warren Hastings knew this that

collectors will become corrupt and 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. In the year 1773, Company directed the Calcutta council to

withdraw the collectors as they became very corrupt. After this Calcutta

Government introduced new plan for the collection of revenue and

administration of Justice on November 23, 1773 and put it into force in the

year 1774.

Miscellaneous Provisions: A few provisions were made to promote pure and

impartial justice. All cases were to be heard in open court. All adalats were to

maintain proper registers and records. District adalats were to transmit

abstracts of their records to Sadar Adalats. This precaution was necessary so as

to discourage judicial officers from misusing their power. To make justice

inexpensive, the old vexatious impositions on administration of justice were

abolished and moderate fees were prescribed for trial of civil cases which was

bound to give relief to people. To supplement the work of the courts, the

method of arbitration was also provided for.

The plan of 1772 was in many respects a boon to the people at that

time. The change in judicial system brought back the confidence of the people

in the government and the justice. However, a grave defect in the plan was that

the Collector acted as the administrator; the Judge and the Magistrate in the

district i.e. there was over-centralisation of powers in a single official.14

14 Supra 11.


Plan of 1774

The abolition of the institution of Collector in 1773 on the advice of

the Court of Directors of the Company in England up-set the judicial

arrangement of 1772 and a new Plan became an urgent need of the time.

Warren Hastings prepared new Plan on November 23, 1773 which was

implemented in January 1774.15 The various changes made in regard to

revenue, civil justice, criminal reforms are as follows:

Revenue: Collectors were re-called from the districts and in their place an

Indian officer, called Diwan or Amil, was appointed. He was to act as a judge

of the Mofussil Diwani Adalat and collected the land revenue also. The entire

Mofussil area in Bengal, Bihar and Orissa was divided into six divisions with

the Headquarters as Calcutta, Burdwan, Murshidabad, Dinajpore, Dacca and

Patna.16 Each division had a Provincial Council consisting of a Chief and four

senior servants of the Company. A Committee of Revenue was instituted at

Calcutta for superintending that Division, consisting of two members of the

Council and three senior servants, assisted by a Diwan and others. The

Councils and the Committee were to supervise the collection of revenue in

their Divisions. Indian Naib Diwans were appointed in the districts under each

Provincial Council to look after the same work. Complaints against the Head

Farmers, Naib Diwans, Zamindars and other principal officers of the

government, relating to their conduct in the revenue, were to be decided by the

Provincial Councils. Aggrieved parties might ultimately go to the Board of

Revenue at Calcutta.

Civil Justice: The provisions relating to appeals in civil cases were also

considerably liberalised under the plan of 1774. Now all cases decided by the

15 M.P Singh, Outlines of Indian Legal & Constitutional History, 7th Edn., Universal Law Publishing Co. Pvt. Ltd.16 M.P. Jain, Outlines of Indian Legal History, 6th Edn., Wadhwa and Company Nagpur, P. 65


Mofussil Diwani Adalats were appealable to the Provincial Council

irrespective of the value of the subject matter of the suit. There was also a

provision for second appeal to the Sadar Diwani Adalat in cases exceeding the

value of Rs. 1000.17

Criminal Reforms: The Officers of the Faujdari Adalats were forbidden to

hold farms or other offices in the Mofussil and were obliged to reside in their

districts on pain of forfeiting their employments. Complaints against them were

to be lodged with the Governor-General who would refer them to the Sadar

Nizamat Adalat for inquiry and determination.

Although the new system was an improvement over the earlier one,

the change did not give good results for long. The Council took the place of the

Collector in creating the difficulties and monopolising the trade within its

jurisdiction. This time also Warren Hastings new that the Provisional council

will do the more harm and more corruption than the Collectors. Warren

Hastings thought this plan as a temporary plan but Regulating act was passed

in this time and Warren Hasting could not change the plan until year 1780.

Warren Hastings detected this defect very soon but he could not make any

change till 1780 when entirely a new modified system was established.

17 Adalat System in India available at www.findarticles.com.


DEFECTS OF THESE PLANS

Defects of plan of 1772

One of the major defects of the Plan was that there was over-

centralization of powers in a single official, namely, the Collector. He was

overburdened with heavy work as he was singularly required to shoulder the

responsibility as an administrator, revenue collector, civil judge and a

magistrate in his District.

The Judicial Plan had a limited application only in the territory of

Bengal, Bihar and Orissa. It was based on an erroneous assumption of Hastings

that Indian population consisted of only the Hindus and Muslims. There were

other communities and races for which there was no provision made in the

Judicial Plan.18 Though the functioning of Adalats was under the supervision

and control of the Sadar Adalat at Calcutta, but in absence of adequate means

of communications it was almost impossible for the government at Calcutta to

keep a constant watch on the working of the Collectors of the districts. In

absence of an effective control, the Collectors indulged in private trading and

misused their position and power for personal gains.

The judges of the courts being Englishmen, they did not have

knowledge of personal laws of Hindus and Muslims. Though native laws

officers were appointed to assist the English judges, but they could easily

misguide the judges by deliberately misinterpreting the provisions of the Quran

and Shastras. The functions of revenue collection and civil administration were

combined in a single official, the Collector. Therefore there was no separation

between revenue collection and civil administration. Obviously, the Collector

paid more attention to revenue collection than the civil administration.18 Supra 15.


Defects of plan of 1774

The defects of the system set up in 1774 were seen in the Patna

Case19, which is concerned with the conflict between the jurisdiction of

Supreme Court and function of adalat in mofussil areas. As it was in practice

those days, the Mofussil Adalat as well as the Provincial Council employed

services of Kazis and Maulabis to interpret the Muslim law. The judicial

commission arrived at a decision after taking into account the consultation of

the Maulabis and Kazis. Thus it became a practice to neglect judicial work.

In this case, the Maulwis and Kazis were given the power to take the

evidence of the case and arrive to a decision. No established law was followed

while taking the evidence and the Provincial Council passed a judgement based

on the evidence collected by irregular procedure. The Supreme Court held that

the Provincial Council did not delegate its judicial decisions according to the

procedures held by the Supreme Court. Thus an order was passed by the

Supreme Court to send the wrong-doers to jail.

The decisions of the Supreme Court were criticized to a large extent.

Following this, the work in Mofussil Adalat came to a halt because no officers

in this adalat were ready to take up judicial work as they will have to go to jail.

The work of revenue collection also suffered because most of the revenue

officers left their jobs.

The defect when came to the knowledge of Warren Hastings, could

not continue any longer and he remedied it by giving a new judicial plan

promulgated on 11 April 1780.20

19 Prof. M.P.Jain, Outlines of Indian Legal &Constitutional History, 6th Edn., P.7720 http:/www.legalservicesindia.com/...of...of-warren-hastings-252-1.html.


CONSEQUENCES OF THESE PLANS Judicial Plan of 1780:

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: The functions were confined to do civil justice and no revenue works

were to be done by them.

Provincial Council: No judicial works were assigned to them and only

revenue related work, collection and revenue cases were to come to them.

But with this plan the problem was that, 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. The

second problem was that witnesses have to travel lot to reach the adalats. There

was only one Adalat in the whole of Bihar. Because of this people thought it is

better not to file the cases in courts, as filing cases in court meant, delayed

justice, physical harassment, waste of time and money. 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 work as judge has to work as a honorary

judge and he 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.

Warren Hasting was not satisfied with the plan of 1780 he always

thought about the improving 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. He remained in Sadar Adalat for a year but he introduced,

made 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 has to decide the facts , he

was allow to take the help of Hindu Pundits or Muslim Mulla if it was

necessary to understand the cause or case. 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. 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.

Regarding criminal justice system Warren Hasting took following

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. 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.


CONCLUSION

The work of Warren Hastings has left a deep impact on the History

of India. Though on one hand his contributions to the administration of justice

are appreciable to some extent, but on the other hand the reforms made by him

had its own flaws.

Appreciating his contributions, the various reforms implemented by

him justify that he was not only a capable administrator but also a great

inventive genius. He adopted the method of “trial and error” in uprooting the

evils of the existing judicial and executive systems and never hesitated even in

taking bold steps to remove such evils. As the first Governor-General he

proved himself as one of the most faithful servants of the English East India

Company, who played a vital role in further strengthening the foundation,

which was earlier laid down by Clive, for the future expansion of the British

Empire in India.

Now taking into account his flaws, one may notice that, certain areas

like the constitution of criminal courts, the defects and severity of Muslim

criminal law, the mode of trial and proceedings in the criminal courts, which

mainly required vital reforms and special attention were left untouched by him.

While on the other hand, he only touched the fringe of the whole problem of

improving the criminal justice.

But considering his limitations which arose due to his conflict with

hostile Members of the Council, wavering support of the Company’s Directors

in England, antagonistic interests of political parties in England prejudicing his

reputation, his failure to implement his ideas and plans in this regard, is

justifiable.


In physical appearance, Hastings "looked like a great man, and not

like a bad man." The body was wholly subjugated to the mind. A frame

naturally slight had been further attenuated by rigorous habits of temperance,

and thus rendered proof against the diseases of the tropics. Against his private

character not even calumny has breathed a reproach. As brother, as husband,

and as friend, his affections were as steadfast as they were warm. By the public

he was always regarded as reserved, but within his own inner circle he gave

and received perfect confidence. In his dealings with money, he was

characterized rather by liberality of expenditure than by carefulness of

acquisition. A classical education and the instincts of family pride saved him

from both the greed and the vulgar display which marked the typical "nabob,"

the self-made man of those days. He could support the position of a governor-

general and of a country gentleman with equal credit.

Hastings's public career will probably never cease to be a subject of

controversy. It was his misfortune to be the scape-goat upon whose head

Parliament laid the accumulated sins, real and imaginary, of the East India

Company. If the acquisition of our Indian empire can be supported on ethical

grounds, Hastings needs no defence. No one who reads his private

correspondence will admit that even his least defensible acts were dictated by

dishonourable motives. It is more pleasing to point out certain of his public

measures upon which no difference of opinion can arise. He was the first to

attempt to open a trade route with Thibet, and to organize a survey of Bengal

and of the eastern seas. It was he who persuaded the pandits of Bengal to

disclose the treasures of Sanskrit to European scholars. He founded the

Madrasa or college for Mahometan education at Calcutta, primarily out of his

own funds; and he projected the foundation of an Indian Institute in England.

The Royal Asiatic Society was established under his auspices, though he

yielded the post of president to Sir W. Jones. No Englishman ever understood


the native character as well as Hastings; none ever devoted himself more

heartily to the promotion of every scheme, great and small, that could advance

the prosperity of India. Natives and Anglo-Indians alike venerate his name, the

former as their first beneficent administrator, the latter as the most able and the

most enlightened of their own class. If Clive's sword conquered the Indian

empire, it was the brain of Hastings that planned the system of civil

administration, and his genius that saved the empire in its darkest hour.21

Warren Hastings had actively participated in the judicial political

development in India as because of his plans of judicial reforms in 1772, 1774

and 1780, paved the way for full fledged Adalat System in India and thus

helped in advancing the Judicial administration in India to the next level.

Although, his plans had some defects but they were most needed at that time

when the judicial administration was going through a dark phase. Thus, it can

be said that The plans of 1772 and 1774 were very important in the History of

Judicial Administration in India.

21 Excerpt taken from the website http://www.indhistory.com/warren-hastings.html.


BIBLIOGRAPHY

Books Referred:

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company.

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publishers Pvt. Ltd.

5. The Oxford History of India by the Late Vincent A. Smith, CIE, edited by Percival

spear, 4th edition, Oxford university press.

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8. History of modern India by Bipin Chandra, Orient Blackswan publication.

9. M.P Singh, Outlines of Indian Legal & Constitutional History, 7th Edn., Universal

Law Publishing Co. Pvt. Ltd.

Websites Referred:

1. http://realityviews.blogspot.in/2010/05/part-13-indian-legal-history-judicial.html.

2. http://realityviews.blogspot.in/2010/04/part-9-indian-legal-history-judicial.html.

3. http://www.indhistory.com/warren-hastings.html.

4. http://www.nndb.com/people/124/000101818.

5. http://dulawcentre.com/content/warren-hastings-plan-1772.

6. http://www.indohistory.com/warren_hastings_appointed_governor_of_bengal.html.

7. http://en.wikipedia.org/wiki/Warren_Hastings.

8. http://www.banglapedia.org/httpdocs/HT/Q_0016.html.

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