DEVELOPMENT OF JUDICIARY IN INDIA

Introduction:
Before British rule, justice in India was decentralised:
- Among Hindus: caste elders, village panchayats, zamindars.
- Among Muslims: qazis handled judicial matters in towns and provincial capitals.
British rule gradually introduced a common law system based on written laws and judicial precedents.

1726 – Establishment of Mayor’s Courts:
- East India Company set up Mayor’s Courts in Madras, Bombay and Calcutta.
- Marked the beginning of modern common law in India.

Reforms under Warren Hastings (1772–1785):

Civil Disputes:
- District Diwani Adalats set up in each district.
- Collector acted as judge.
- Hindu law applied to Hindus; Muslim law applied to Muslims.
- Appeals went to Sadar Diwani Adalat under the Supreme Council.

Criminal Disputes:
- District Fauzdari Adalats created for criminal cases.
- Headed by Indian officers with qazis and muftis.
- Collector supervised overall functioning.
- Muslim criminal law applied.
- Appeals and capital punishment approvals lay with Sadar Nizamat Adalat at Murshidabad.

Supreme Court (1773):
- Established at Calcutta under the Regulating Act of 1773.
- Had original and appellate jurisdiction.

Reforms under Cornwallis (1786–1793):

Criminal Reforms:
- District Fauzdari Courts abolished.
- Circuit Courts set up at Calcutta, Dacca, Murshidabad, Patna.
- European judges appointed.
- Sadar Nizamat Adalat shifted to Calcutta; placed under Governor-General.

Civil Reforms:
- District Diwani Adalat renamed District/City/Zila Court.
- Placed under a district judge.
- Collector relieved from all judicial duties; now only revenue.
- Hierarchy of civil courts:
  - Munsiff’s Court (Indian officers)
  - Registrar’s Court (European judge)
  - District Court
  - Four Circuit Courts (provincial appeal courts)
  - Sadar Diwani Adalat (highest civil court)
  - King-in-Council for appeals above £5000

Cornwallis Code:
- Separation of revenue and judiciary.
- Government servants answerable to civil courts.
- Europeans brought under jurisdiction.
- Rule of law strengthened.

Reforms under William Bentinck (1828–1833):
- Abolished Circuit Courts; collectors took over judicial duties under supervision of commissioners.
- Sadar Diwani Adalat and Sadar Nizamat Adalat set up at Allahabad for Upper Provinces.
- Language reforms:
  - Persian replaced by English in Supreme Court.
  - Vernacular languages allowed in lower courts.

Later Developments:

1833:
- First Law Commission under Macaulay.
- Codification of major laws:
  - Civil Procedure Code (1859)
  - Indian Penal Code – IPC (1860)
  - Criminal Procedure Code – CrPC (1861)

1860:
- Europeans no longer enjoyed special civil privileges.
- But only European judges could try Europeans in criminal cases.

1865:
- Supreme Court and Sadar Adalats merged.
- High Courts established at Calcutta, Bombay, Madras.

1935:
- Government of India Act 1935 provided for a Federal Court.
- Federal Court set up in 1937:
  - Resolved disputes between Centre and provinces.
  - Heard limited appeals from High Courts.

Positive Aspects of British Judicial System:
- Introduced rule of law.
- Codified laws replaced arbitrary, personal and religious laws.
- Government officials were legally accountable.
- Some equality before law (though limited).

Negative Aspects of British Judicial System:
- Judicial system became expensive and complicated.
- Favoured the rich; manipulation and corruption grew.
- Encouraged false evidence and deceit.
- Delayed justice due to slow procedures.
- European judges unfamiliar with Indian customs and traditions.
- Increasing litigation burdened the courts.

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Subject: Modern History

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