Post on 31-Aug-2014
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.
Warren Hastings Plan of 1772 & 1774 2
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
Warren Hastings Plan of 1772 & 1774 3
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
Warren Hastings Plan of 1772 & 1774 4
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
Warren Hastings Plan of 1772 & 1774 5
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.
Warren Hastings Plan of 1772 & 1774 6
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 Hastings Plan of 1772 & 1774 7
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
Warren Hastings Plan of 1772 & 1774 8
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.
Warren Hastings Plan of 1772 & 1774 9
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
Warren Hastings Plan of 1772 & 1774 10
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.
Warren Hastings Plan of 1772 & 1774 11
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.
Warren Hastings Plan of 1772 & 1774 12
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.
Warren Hastings Plan of 1772 & 1774 13
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.
Warren Hastings Plan of 1772 & 1774 14
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
Warren Hastings Plan of 1772 & 1774 15
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).
Warren Hastings Plan of 1772 & 1774 16
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
Warren Hastings Plan of 1772 & 1774 17
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
Warren Hastings Plan of 1772 & 1774 18
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.
Warren Hastings Plan of 1772 & 1774 19
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
Warren Hastings Plan of 1772 & 1774 20
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
Warren Hastings Plan of 1772 & 1774 21
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.
Warren Hastings Plan of 1772 & 1774 22
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.
Warren Hastings Plan of 1772 & 1774 23
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
Warren Hastings Plan of 1772 & 1774 24
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.
Warren Hastings Plan of 1772 & 1774 25
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.
Warren Hastings Plan of 1772 & 1774 26
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.
Warren Hastings Plan of 1772 & 1774 27
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 Plan of 1772 & 1774 28
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
Warren Hastings Plan of 1772 & 1774 29
heads did not accept his views. Because of this in criminal justice system,
everyone made money using the corrupt ways.
Warren Hastings Plan of 1772 & 1774 30
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.
Warren Hastings Plan of 1772 & 1774 31
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
Warren Hastings Plan of 1772 & 1774 32
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.
Warren Hastings Plan of 1772 & 1774 33
BIBLIOGRAPHY
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8. http://www.banglapedia.org/httpdocs/HT/Q_0016.html.