Judiciary Under British India: Common Law System & Later Developments

Introduction

The Judiciary Under British India lacked proper procedures, organization, and distribution of courts. Litigation among the Hindus was decided by caste elders, village panchayats, or zamindars. Muslim’s Judiciary Under British was administered by Qazis located in provincial capitals, and towns. 

Justice Dispensation was often arbitrary, with Rajas and Badshahs considered as the fountainhead of justice. The British introduced English common law as the primary legal system, alongside the creation of courts modeled after the British judicial system.

Introduction of Common Law System

• Mayor’s Courts: These were established in Madras, Bombay, and Calcutta by the East India Company in 1726.
• The transformation of East India Company from a trading company to a ruling power led to changes in the Mughal legal system.
• Introduction of Judicial Precedents: Judicial Precedents as a Common law system based on recorded judicial precedents was introduced.

Reforms under Warren Hastings (1772–85)

• District Diwani Adalats: Established under collector to settle civil disputes, with Hindu laws applicable to Hindus and Muslim laws applicable to Muslims. 
  • Appeal from the verdict of these courts can be made to Sadar Diwani Adalat.
• District Fauzdari Adalats: Set up for criminal disputes and placed under Indian officers assisted by qazis and muftis.
• Supreme Court (1773): It was established in Calcutta, which was competent to try all British subjects within Calcutta, and had original and appellate jurisdictions.

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Reforms under Cornwallis (1786–93)

• The concept of Separation of Powers was introduced.
• Circuit Courts: Abolition of District Faujdari Courts and it was replaced by circuit courts with European judges.
• Sadar Nizamat Adalat: Shifted to Calcutta and placed under the governor-general and members of the Supreme Council.
• District Diwani Adalat: was redesignated as the District, City, or the Zila Court, and placed under a district judge.
• Gradation of Civil Courts: Munsiff’s Court under Indian officers, Registrar’s Court under European Judge, District Court, Circuit Courts, Sadar Diwani Adalat, King-in-Council for appeals of 5000 and above.

Reforms under William Bentinck (1828–33)

• Abolition of Circuit Courts as functions were transferred to collectors and supervised by the commissioner of revenue and circuit.
• Sadar Diwani and Nizamat Adalats: These were set up at Allahabad for Upper Provinces.
• Suitors had the option to use Persian or a vernacular language; English replaced Persian in the Supreme Court.
• Law Commission: Under Macaulay, a Law Commission was established to codify Indian laws. Consequently, three codes were created: The Criminal Procedure Code (1861), the Indian Penal Code (1860), and the Civil Procedure Code (1859).

Later Developments (1833–1935)

• Europeans could claim no special privileges except in criminal cases, and no judge of an Indian origin could try them.
• The Supreme Court and Sadar Adalats were merged into high courts at Calcutta, Bombay, and Madras in 1865.
• Government of India Act 1935 provided for a Federal Court in 1937 to settle disputes between governments and hear appeals from High courts.                       

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Conclusion

The introduction of English common law and the establishment of formalized legal institutions laid the groundwork for the development of India’s legal system. However, the colonial judiciary also faced criticism for its biases and lack of representation for indigenous populations. Even after the British left, their way of doing things in the courts still affects how justice works in India. This shows that colonial rule left a lasting mark on how the legal system operates in the country.

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