Judicial Reforms of Lord Cornwallis
Lord Cornwallis assumed the role of Governor-General of the Company in 1786 and continued till 1793. He was directed to take up three specific matters, one of them being reforms of the judicial system. The other tasks were resolving the problem of land revenue and improvement in the administrative machinery. During his tenure, he made significant and far-reaching reforms in the judicial administration, some of which constitute the foundation of the present legal system. The reforms were primarily made in three stages: first in 1787, then in 1790 and, finally in 1793.
REFORMS UPTO 1793
Prior to the reforms initiated by Cornwallis in 1787, the judicial plan of 1780 brought about by Warren Hastings was in force. The Company was dissatisfied with the plan of 1780 because it had separated the revenue and judicial functions, thus proving to be costly. Accordingly, the Directors advocated a merger of the two functions on the grounds of simplicity, efficiency and economy. Cornwallis faithfully effectuated the Directors’ directive which led to the birth of Cornwallis’s plan of 1787.
Judicial Plan of 1787
The main feature of this plan, as previously stated, was that the revenue, judicial and magisterial functions would vest in one person, the Collector. The Collector was responsible for the collection of land revenue and to decide all cases relating to revenue. His revenue functions were confined to the revenue court known as the mal adalat. He was to act as the judge in the Moffussil Diwani Adalat of the district. As the sole judge, he had full powers to decide all types of disputes. Appeals lay to the Sadar Diwani Adalat at Calcutta and further to the King-in-Council depending on the value of the suit. In order to assist the Collector in deciding civil cases, a Registrar was appointed in each adalat. The Collector was also given some magisterial powers. As a Magistrate, he was empowered to arrest, try and punish criminals in petty offences. In the case of graver offences,
REFORMS UPTO 1793
Prior to the reforms initiated by Cornwallis in 1787, the judicial plan of 1780 brought about by Warren Hastings was in force. The Company was dissatisfied with the plan of 1780 because it had separated the revenue and judicial functions, thus proving to be costly. Accordingly, the Directors advocated a merger of the two functions on the grounds of simplicity, efficiency and economy. Cornwallis faithfully effectuated the Directors’ directive which led to the birth of Cornwallis’s plan of 1787.
Judicial Plan of 1787
The main feature of this plan, as previously stated, was that the revenue, judicial and magisterial functions would vest in one person, the Collector. The Collector was responsible for the collection of land revenue and to decide all cases relating to revenue. His revenue functions were confined to the revenue court known as the mal adalat. He was to act as the judge in the Moffussil Diwani Adalat of the district. As the sole judge, he had full powers to decide all types of disputes. Appeals lay to the Sadar Diwani Adalat at Calcutta and further to the King-in-Council depending on the value of the suit. In order to assist the Collector in deciding civil cases, a Registrar was appointed in each adalat. The Collector was also given some magisterial powers. As a Magistrate, he was empowered to arrest, try and punish criminals in petty offences. In the case of graver offences,
References: 1. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997] 2. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969] 3. Dhagamwar, Vasudha, Law, Power and Justice: The Protection of the Personal Rights in the Indian Penal Code [New Delhi, 1992] 4. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005] 5. Banerjee, Tapas, Background to Indian Criminal Law [Calcutta, 1990] 6. Singha, Radhika, A Despotism of Law: Crime and Justice in Early Colonial India, [New Delhi, 2000]