Lord Cornwallis introduced major reforms to the legal system in India between 1786-1793 as Governor-General. His judicial plans of 1787, 1790, and 1793 reorganized the courts and separated judicial and executive powers. The 1787 plan combined revenue and judicial administration under collectors. The 1790 plan established district magistrate courts, circuit courts, and the Sadar Nizamat Adalat to improve criminal justice. The 1793 plan further separated civil and revenue jurisdiction and established Mofussil Diwani Adalats, provincial appeal courts, and various subordinate civil courts. Cornwallis' reforms established important principles like the rule of law and separation of powers that still influence the legal system today.
Lord Cornwallis introduced major reforms to the legal system in India between 1786-1793 as Governor-General. His judicial plans of 1787, 1790, and 1793 reorganized the courts and separated judicial and executive powers. The 1787 plan combined revenue and judicial administration under collectors. The 1790 plan established district magistrate courts, circuit courts, and the Sadar Nizamat Adalat to improve criminal justice. The 1793 plan further separated civil and revenue jurisdiction and established Mofussil Diwani Adalats, provincial appeal courts, and various subordinate civil courts. Cornwallis' reforms established important principles like the rule of law and separation of powers that still influence the legal system today.
Lord Cornwallis introduced major reforms to the legal system in India between 1786-1793 as Governor-General. His judicial plans of 1787, 1790, and 1793 reorganized the courts and separated judicial and executive powers. The 1787 plan combined revenue and judicial administration under collectors. The 1790 plan established district magistrate courts, circuit courts, and the Sadar Nizamat Adalat to improve criminal justice. The 1793 plan further separated civil and revenue jurisdiction and established Mofussil Diwani Adalats, provincial appeal courts, and various subordinate civil courts. Cornwallis' reforms established important principles like the rule of law and separation of powers that still influence the legal system today.
Lord Cornwallis introduced major reforms to the legal system in India between 1786-1793 as Governor-General. His judicial plans of 1787, 1790, and 1793 reorganized the courts and separated judicial and executive powers. The 1787 plan combined revenue and judicial administration under collectors. The 1790 plan established district magistrate courts, circuit courts, and the Sadar Nizamat Adalat to improve criminal justice. The 1793 plan further separated civil and revenue jurisdiction and established Mofussil Diwani Adalats, provincial appeal courts, and various subordinate civil courts. Cornwallis' reforms established important principles like the rule of law and separation of powers that still influence the legal system today.
➢ INTRODUCTION In 1786, Lord Cornwallis; a nobleman of high rank and aristocratic disposition, succeeded Sirjoha Macpherson as the Governor-General of India. In Indian legal history, the period of Governor-General Lord Cornwallis (1786-1793) represents a very notable and highly creative period. He reorganised the judicial process thoroughly, in Bengal, Bihar and Orissa. He introduced the important principles of administration, including ‘rule of law’ for the first time. In the judicial administration, he made very necessary and far-reaching reforms, some of the fundamental concepts of which still remain relevant. The reforms were made in 1787, 1790 and 1793 by Cornwallis in three steps. Lord Cornwallis also put two conditions in front of the Directors of the Company, before assuming the office of Governor General. Firstly, that he should be awarded the office of Governor General as well as the Commander in Chief thereby ensuring his supremacy in civil and military command. Secondly, the Governor General would be able to overrule the decision of his Council. After being appointed as the Governor General he recognised the revenue and judicial administration in three phases of his judicial plan of 1787, 1790 and 1793.
➢ JUDICIAL PLAN OF 1787
During the time of Governor General Warren Hastings, the revenue and judicial administration were separated from each other. The servants of the company raised voice against this, because it was too costly and led to conflict between the two functionaries. As per the orders of the Directors of the Company, Lord Cornwallis introduced the Judicial Plan of 1787. COLLECTOR: This plan combined the revenue and judicial administration into one single authority called as collector. In order to reorganise the revenue and administration, the plan decreased the number of districts in Bengal, Bihar, Orissa from 36 to 23. In each district, the revenue cases were settled by an English servant called the Collector. For handling the revenue cases, the Collector was given a court called Mal Adalat. Beside revenue cases, the Collector also used to handle the civil cases, as he was the judge of the Mofussil Diwani Adalat. The Collector was also the Magistrate of the District. APPEALS: In revenue cases, appeals from Mal Adalat lay to the Board of Revenue at Calcutta (introduced by Warren Hastings for revenue Collection) and further appeal from Board of Revenue went to Governor General and Council. In civil cases, the appeals from Mofussil Diwani Adalat could lay to Sadar Diwani Adalat in matters exceeding Rs 1000 and could be referred to King & Council, in cases exceeding value of Rs. 5000. REGISTRAR OFFICE: A new office of the registrar was created, who was a subordinate to, and assisted the collector. He used to handle only civil cases up to Rs. 200. His decrees were to be countersigned by the Collector. ANALYSIS OF THE PLAN: The plan led to a situation of over centralisation of power to a single person – Collector. As being the Collector, he was vested with civil revenue and magisterial powers. Therefore, the judicial plan of 1787, cancelled the separation of revenue and judicial administration.
➢ JUDICIAL PLAN OF 1790
Lord Cornwallis focused his attention on the administration of criminal justice in his judicial plan of 1790. He wanted to create reforms. Earlier the administration of criminal justice was carried on in accordance with the Mohammedan Law of Crime which was full of several serious defects. The Nawab in charge of the judicial affairs was disinterested. The judges of the criminal cases were paid less, thus indulging in corruption. Mofussil Faujdari Adalats were autocratic and tyrannical. The law of evidence under Muslim Criminal Law, was quite unsatisfactory and irrational. REFORMS INTRODUCED IN MOHAMMEDAN LAW OF CRIME BY LORD CORNWALLIS: In case of murder, the intention of the accused, rather than the manner or instrument used for committing an offence was to be taken in by the Judge. This showed that “mens rea” was a guiding factor in deciding punishment. The Law of Evidence was further modified in 1792. Under this law, the discriminatory provisions like religion and sex were abolished and now all the witnesses were to be treated equally whether male or female; Hindus or Muslims. Cruel punishments and blood money were abolished.
In order to improve the working of criminal courts, the existing Mofussil Faujdari Adalats were abolished and three distinct type of courts were established: ➢ COURT OF DISTRICT MAGISTRATE This court was the lowest criminal court for small offences. The Collector of every district was to act as the district magistrate. He could try those petty cases, in which imprisonment was not exceeding 15 days. He was also empowered to conduct initial inquiry in case of murder, theft and other offences. This Court had jurisdiction over Indians and Europeans other than the British subjects. The Collector had the responsibility of notifying the date and time for the visit of Circuit Courts in the District, so that the concerned people have their issues heard by them. He also kept track of records, data to be examined by Circuit Court. ➢ COURTS OF CIRCUIT For administrative convenience, the entire territory of Bengal, Bihar & Orissa was divided into four divisions – Calcutta, Patna, Dacca and Murshidabad. Each Circuit was divided into Districts, headed by a Collector. The Court of Circuit was established in each division. It consisted of two English Judges, who were servants of the East India Company. In all matters submitted to them by the District Adalat, they administered Criminial Justice. They were assisted by Muslim Law Officers- Qazi and Mufti. They were appointed to expound the law. The offences of serious nature were to be tried by court of Circuit. The Court of Circuit, had to send capital cases and cases punishable with life imprisonment to Sadar Nizamat Adalat. ➢ SADAR NIZAMAT ADALAT The Nawab was divested of all the powers of criminal jurisdiction. The seat of Sadar Nizamat Adalat was transferred from Murshidabad to Calcutta. The Sadar Nizamat Adalat was to consist of Governor General and members of the Council. Sadar Nizamat Adalat was to sit at least once in a week. The Capital Cases (It is a case for murder in which a jury is asked to decide whether defendant should be put to death if found guilty) and those cases punishable with imprisonment for life sent by the Court of Circuit to the Sadar Nizamat Adalat for final decision.
DEFECTS OF THE PLAN: The Court of Circuits were shifting courts that were overburdened with lawsuits, forcing them to delay moving from one district to another, and because of the delay, they did not visit certain districts twice annually. There was a lot of collective power delegated to the Collector by the administration and judiciary, which made him misuse his power.
➢ JUDICIAL PLAN OF 1793
This plan was enacted to remove defects in the power being vested on a single authority- the Collector. In this plan, reforms were introduced to ensure the separation of executive from Judiciary. The civil courts were reorganised by Cornwallis and 28 judges in the districts were designated. The following is the court hierarchy that was established. SEPARATION OF CIVIL AND REVENUE JURISDICTION: Now, the collector was only to collect the revenue. His power to decide civil and revenue cases were withdrawn. The Civil and Revenue Cases were now to be tried by Mofussil Diwani Adalat. Mal Adalats were abolished. Appeals from Mofussil Diwani Adalats went to the Board of Revenue and further appeals having a higher value or greater complications went to the Governor General and Council. REORGANISATION OF DIWANI ADALATS: Mofussil Diwani Adalat was established in each district of Bengal, Bihar and Odisha. A civil servant of the Company was appointed as the Judge, replacing the Collector. The Judge was assisted by Hindu and Mohammedan (Native Law Officers- Pandits, Qazis, Maulvis, Muftis). Mofussil Diwani Adalat was to decide civil and revenue cases. APPEALS: In revenue cases, the appeals from Mofussil Diwani Adalat went to Board of Revenue. Appeals from Board of Revenue went to Governor General and Council. Mofussil Diwani Adalat had no jurisdiction in criminal matters. In civil cases, appeals from Mofussil Diwani Adalat went to Provincial Court of Appeal. The Provincial Court of Appeal was created in the four divisions of Patna, Calcutta, Dacca and Murshidabad. Each of these courts had three English Judges. In cases exceeding the value of Rs 1000 appeals from Provincial Court of Appeal went to Sadar Diwani Adalat. Cases exceeding the value of Rs 5000, went to King-in- Council. The following subordinate civil courts were established by Cornwallis in different districts: - MUNSIF’S COURTS & AMEEN’S COURTS: In each district, commissions were given to landlords, farmers etc. as they were appointed to decide cases of up to Rs 50, according to Regulation XI . They were called as Munsifs and were appointed by Mofussil Diwani Adalat. Indians could be appointed as Munsifs. Suits could be sent directly to the Munsif Court, but only the Diwani Adalat could execute them. First appeals went to the Diwani Adalat and then to the Provincial Court of Appeal. Junior to the Munsif’s Courts; Ameen’s Court was formed which was similar in powers and composition to the Munsif’s Court, with the exception that, unless Diwani Adalat referred to it, it could not entertain a case directly. - REGISTRAR’S COURTS: Suits up to Rs.200 were submitted to the Registrar's Court, which was held by a Company Servant. The Judge of the Diwani Adalat countersigned the rulings and orders of the Registrar until they were considered enforceable. ADMINISTRATION OF CRIMINAL JUSTICE: In this the Magisterial powers of the Collector were transferred to the Judge of Mofussil Diwani Adalat. The Court could decide petty criminal cases. The Court of Appeal and Court of Circuit were merged into a single court called Court of Appeal and Circuit. It was established in Calcutta, Patna, Dacca and Murshidabad. It consisted of three English Judges, providing criminal jurisdiction
OTHER FEATURES: - The Court fee was abolished. - Native law officers, were appointed in various courts by the Governor General &Council for a definite period of time to expound personal laws. - Legal practitioners were called Vakils and had to obtain a license from Sadar Diwani Adalat after fulfilling certain qualifications. They could be dismissed by Sadar Diwani Adalat for professional misconduct. - Cornwallis made an attempt to bring a uniformity in regulations. He provided that every Regulation should contain a Preamble, stating the reasons and object for its enactment. Any amendment in any regulation could be made only after giving a reason for it. Each regulation was to be divided into sections and sub sections wherever necessary. This system ensured a uniformity in administration of justice.
