Early Judicial System in India

Evolution of Judicial System in India Before 1857: British Influence

The evolution of the legal system before 1857 can be linked to the advent and growth of the British East India Company in India in the 17th century. Indian common law was first codified in 1726 when the East India Company created Mayor’s Courts in Madras, Bombay, and Calcutta. This was the first indication of the Company’s evolution into a governing authority with additional judicial components.

Pre-1857 Judicial System in India: Origins and Jurisdiction

• Origin: In order to administer justice inside the institutions of the British East India Company, the Crown created a judicial system in the Indian cities of Bombay, Madras, and Calcutta through a series of Charters from the beginning of the seventeenth century.
• These towns’ councils and governors created their own judicial systems.
• Admiralty Courts were founded in Bombay, Madras, and Calcutta, whereas Collector’s Courts were formed there.
• Jurisdiction: These courts have the authority to make decisions in both civil and criminal cases. Surprisingly, the East India Company, not the Crown, was the source of the courts’ power.

Warren Hastings’ Judicial System in India Reforms in Colonial India (1772-1785)

• Warren Hastings arranged two judicial setups for resolving disputes: civil disputes for District Diwani Adalat and criminal disputes for District Fauzdari Adalats.
• Diwani Adalat: To resolve civil issues that were under the collector’s purview, it was formed in districts. For Hindus and Muslims, respectively, this court implemented Hindu law. The Sadar Diwani Adalat, which was governed by a president and two Supreme Council members, was where those who desired greater justice were meant to go.
• Fauzdari Adalats: It was formed to handle criminal matters that were reported to Indian officials who were aided by Qazis and Muftis. All court operations fell under the collector’s purview. In this court, Islamic law prevailed. The Sadar Nizamat Adalat, which is headed by a Deputy Nizam and aided by Chief Qazi and Chief Mufti, gave its approval to the death penalty and the acquisition.
• The Regulating Act of 1773 established the Supreme Court of Calcutta’s original and appellate jurisdiction.

Cornwallis’s Judicial System In India Reforms: Enhancing Legal System in India

• Cornwallis has abolished the District Faujdari Court, and Circuit Courts were established in Calcutta, Deccan, Murshidabad, and Patna.
• It is a court of appeal for both civil and criminal cases, with European judges presiding.
• Sadar Nizamat Adalat was relocated to Calcutta and given to the Governor-General and Supreme Council members, who were assisted by Chief Qazi and Chief Mufti.
• The District Diwani Adalat was renamed the District, or Zila Court, and was presided over by a district judge.
• The collector was now only responsible for revenue administration and lacked magisterial powers.
• Gradation was also established in Hindu and Muslim civil courts, as well as the Munsiff Court, Registrar Court, District Court, Sadar Diwani Adalat, and the King-in-Council.
• He is well-known for establishing the concept of complete legal sovereignty.

Bentinck’s Reforms: Strengthening Judicial System in India (1828-33)

• Decentralization: William Bentinck dissolved the four Circuit Courts and transferred the powers of the disbanded court to the collectors, who were overseen by the commissioner of revenue and circuit.
• In Allahabad, a Sadar Diwani Adalat and a Sadar Nizamat Adalat were established for the benefit of the people of the Upper Provinces.
• Official Language: He declared Persian and a vernacular language the official languages of lower court proceedings, and English the official language of Supreme Court proceedings.
• Codification of Indian Laws: Macaulay established a Law Commission during his reign to codify Indian laws. The Civil Procedure Code of 1859, the Indian Penal Code of 1860, and the Criminal Procedure Code of 1861 were all drafted by this committee.

Assessing India’s Judicial System in India Under British Rule: Critiques and Contributions

• The legal system under British rule faced criticism for various reasons. It was often accused of being distant from the local population and disconnected from their cultural values.
• Additionally, it was criticized for being expensive, time-consuming, and complex, which hindered access to justice for the common people.
• Despite these challenges, the British judicial system introduced certain positive elements. It brought modern legal concepts and procedures to India, including the principles of equity, fairness, and the rule of law.
• It also led to the codification of laws, which helped establish a more systematic and comprehensive legal framework.

Conclusion

The judicial system in India before 1857 was a complex amalgamation of indigenous legal traditions and the influence of British colonial rule. It exhibited a decentralized structure with the coexistence of indigenous systems and the introduction of British courts. While it had its drawbacks and limitations, it also introduced some positive changes and laid the foundation for the subsequent development of the Indian legal system.

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