warren hasting's judicial plan
Transcript of warren hasting's judicial plan
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ISMAILSAHEB MULLA LAW COLLEGE SATARA
Rayat Shikshan Sanstha’s
Power Point Presentation
Indian Legal History
Directed by – Principal Sou. S.S.Pawar Mam
& Yogesh Sir
Presented by -
Shweta & Sonal
Judicial Reforms By Lord Warren Hasting
- Plan of 1772
- Plan of 1774
The Man who first introduced the system of tires & grades in India
Lord Warren HastingThe first Governor General in council .
Why Lord Hasting Introduced Judicial Reforms ?
o By the time 1772 he was Governor in Council At Calcutta.
o He was of Opinion that customs & traditions
of the natives should protected .
o He realized the importance of the sound judicial system.
o So he introduced the judicial plans in 2 phase in the year 1772 & 1774.
The Highlights of the Judicial Plan of 1772
Two wings of Judicial system
Separate Courts for Civil & Criminal Cases
It provided for trial courts & Appellate Courts for civil appellate cases
It provided Revenue Administration of Justice
The Provinces of Bengal , Bihar & Orissa
Governor in council at Calcutta
Division of province into Districts
Territorial Division :
The Collector in the District – In each District an Englishman was appointed as the Collector
Functions of the Collector - 1. The General Administration of justice.
2. Collection of revenue within the district.
3. Deciding revenue cases.
4. To act the judge in Mofussil Diwani Adalat.
5. To exercise supervisory control over Mofussil Nizamat Adalat.
Hierarchy of the courts : Governor in Council
Sadar Diwani Adalats Sadar Nizamat Adalat
Collector [in each District]
Moffusil Diwani Adalat Moffusil Nizamat Adalat
Village Headman
AUTHORITIES UNDER THE PLAN : Governor in Council [judge] [supervisory control]
Sadar Dwani Adalat Sadar Nizamat Adalata] Head Kanungo Daroga-i-Adalatb] Diwan a] Daroga b] Chief Quzi c] Chief Mufti d] Chief MoulavisRs. 500/- +2 months Collector [District] [judge] [supervisory control]Moffusil Diwani Adalat Moffusil Nizamat Adalat Naib Diwan Quzi , Mufti , Moulavi Rs. 10 Village Headman [Collection of Revenue]
Merits of the judicial plan of 1772 –
1. The plan provided for the hierarchy of the courts.
2. It provided for the grades of the court
3. It provided for the division of civil & criminal courts.
4. Criminal courts were totally independent of the executive.
5. The courts constituted a separate system from the Executive.
6. The courts recognized the laws of the natives i. e; the personal law system of
the Hindus & the Muslims.
7. The courts were required to maintain proper registers & records of all the cases.
8. The decentralization of judicial functions was the gift of judicial plan of 1772.
Demerits of the plan -
The collector was required to execute ,
1. General administration of the functions of the company in his district.
2. To act as judge in Moffusil Diwani Adalat.
3. To supervise the functioning of the Moffsil Nizamat Adalat.
4. To supervise the collection of revenue in the district.
5. To decide revenue cases within the district.
So, as to correct these defects , Lord Warren Hastings introduced his revised plan of 1774.
Judicial Plan of 1774
Lord Warren Hastings had introduced the plan of 1772. The plan suffered from serious imperfections , & hence , he introduced his plan of 1774. As he divided the 3 province of Bengal , Bihar & Orissa into 6 divisions namely with headquarters at : Calcutta , Burdwan , Dacca , Patna , Dinajpur & Murshidabad & also at every division there was established a provincial council consisting of 4/5 covenanted servants
The Composition : The Governor General in council
Provincial Council [ Provincial Court of Appeal ]
Diwan
Village Headman
THE ADALAT SYSTEM 1774 : - Governor General in Council
[judge] [supervise]Sadar Diwani Adalat Sadar Nizamat Adalat
Provincial council Provincial Court of Appeal [collectors] [6 divisions] [Rs. 1000/- final] Diwan [judge] [Districts] [supervise]
Moffsil Diwani Adalat Moffsil Nizamat Adalat [Diwan Naib] Diwan Headman [Village]
Conclusion :The system under the plan 1772 continued till 1774 the system under the plan 1774 continued till 1780. there was reorganization of the Adalat system in the Year 1780 .