Judicial Plans of Cornwallis

The Governor General should have the power to

override his Council.
The Governor General and the Commander-in-
Chief should be united under one person.

Task of Cornwallis

To reduce the administrative expenditure

To deal with the problem of land revenue
Improvement in the administrative machinery
To introduce reforms in the judicial system
2
There was an advisory body to advise Cornwallis
1.Sir John Shore, expert on revenue collection
2.Jonathan Duncan, who later became governor of
Bombay
3.Charles, who became Chairman of the Directors
4.James Grant, who became President of Board of
Control.
5. Charles Stuart, the commercial expert
6.Sir William Jones, eminent scholar and judge of
the Supreme Court.

The existing districts were reorganised and the

number of districts was reduced to 24
3
 1781

Sadar Diwani Adalat

( Above Rs1000)

Provincial Council of Appeals

(18)
Revenue Civil Court
Provincial Council Provincial Diwani Adalat
4-5 English (Superintendent)

Mofussil Diwani Adalat

( Rs. 500) 4
 Plan of 1787
Civil
King in Council

Sadar Diwani Adalat

Above Rs. 1000

Mufussil Diwani Adalat

(Upto 1000)

Diwani Adlat
(Registrar courts) Rs200
 1781 Plan of 1787
Civil
King in Council King in Council

Sadar Diwani Adalat Sadar Diwani Adalat

( Above Rs1000) Above Rs. 1000

Provincial Council of appeals ( 18)

Revenue Civil Court
Provincial Council Provincial Diwani Adalat
superintendents

Mufussil Diwani Adalat

Mofussil Diwani Adalat (Up to 1000)
( Rs.100)
Diwani Adlat
(Registrar courts) Rs200
 Plan of 1787
Civil
King in Council

Sadar Diwani Adalat

Rs. 1000 above

Mufussil Diwani Adalat

(Up to 1000)

Diwani Adlat
(Registrar courts) Rs.200
 Plan of 1787

Revenue
Sadar Diwani Adalat
G. G in- Council

Board of Revenue
( Calcutta )

Mal Adalat
(district)
 Criminal

Sadar Nizamat Adalat

(Reza Khan)

District level
Mufussil Fauzdari Adalat Magistrates Courts
Indian officials Collector

9
 Plan of 1787

Revenue Civil Criminal

G. G and Council King in Council

Board of Revenue Sadar Diwani Adalat Sadar Nizamat Adalat

Mal Adalat Mufussil Diwani Adalat Mufussil Fouzdari Adalat

Diwani Adlat Magistrates Courts

(Registrar courts)
 Criminal

Sadar Nizamat Adalat

(Reza Khan)

District level
Mufussil Nizamat Adalat Magistrates Courts
Indian officials Collector

11
Judicial Plan of 1790

12
Reasons behind introduction of Reforms

Entire criminal administration of justice was in the

hands of Nawab.

The criminal justice was completely left in the

hand of Muslim officers on whom there was
no proper control or supervision.

The persons who were appointed as judges in the

criminal courts had no legal education,
character and integrity.
The administration of justice was very slow.

Even after ten also they were not in a position to

finalize cases and the accused staying in jails
waiting for trials.

The main basic defects of the Muslim

administration of criminal justice was absence
of any connection between the severity of
crime and punishment.

This type of punishments were against the

principles of criminal justice.
The judges were paid very low salary out of the
amount of Nawabs allowance,
with such a low salary, there was every possibility of
their illegal activities.
Muslims Law defects
The Muslim criminal law which was applied by the
courts was also defective many ways.
Some of its provisions were contrary to the principles
of natural justice and they imposed very severe
punishments for petty cases.
Cornwallis prepared a questionnaire and sent to all
the Magistrates in the Muffussil area.
Muffassil Fouzdari Adalat were abolished in district
level administration. 15
 Because of the weak administration of Nawab.

The Muslim criminal law which was applied by the

courts was also defective many ways.

Some of its provisions were contrary to the

principles of natural justice and they imposed
very severe punishments for petty cases.
 Salient features of the plan
Mufussil Fouzdari Adalat were abolished in
district level administration
Court of district Magistrate
The collector in every district was authorized to
act as Magistrate to apprehend and arrest,
murderers, robbers, thieves, disturber of
peace.

In petty cases he could him self impose punishment

or imprisonment not exceeding 15 days and he
could release the accused on bail.
 Court of Circuit
It was not stationary court and its was a moving court
like a similar court which was in existence in England.
Entire presidency divided into 4 divisions and each
division a circuit courts was established.
( Patna, Calcutta, Murshidabad and Dacca)

It visited every district twice a year to try the

person who had been apprehended and charge-sheet
by the Magistrate in his area.

The court was assisted by Muslim law officers such as

Kazi and Mufti and all the judges were in this court
was English men.
 Sadr Nizamat Adalat

The seat of this Court shifted from Murshidabad to

Calcutta.

The Court was constituted by the Governor-General and

Council as judges.

They were also to be assisted by Muslim law officers.

The Adalt was require to conduct its business at least

once in a weak
 Plan of 1790
Criminal
Sadar Nizamat Adalat

Court of Circuit
Calcutta Murshidabad Dacca Patna
6 6 6 6

Court of District Magistrate (24)

 Charter Act of 1793

The East India Company Act 1793, also known as

the Charter Act of 1793.

The Company's trade monopoly was continued for a

further 20 years.

The Act provided that the payment of salaries of

the members of the Board of control paid from
Indian Revenue.

21
 The Governor-General was granted extensive
powers over the subordinate presidencies.

The Governor-General's power of over-ruling his

council was confirmed

Senior officials were prohibited from leaving India

without permission.

Royal approval was mandated for the appointment

of the Governor-General, the governors, and the
Commander-in-Chief.

22
 The courts were given the powers to make
regulations and interpret the rules.

23
In May 1793, the Cornwallis code emerged as a legal
code, representing a compilation of forty eight
regulations.
In Bengal, the code provided for the Governor-in
Council to form both the Sadar Diwani Adalat (civil)
and Sadar Nizamat Adalat (Criminal).
The Cornwallis code further established four
Provincial Courts of Appeal located in Calcutta,
Murshidabad, Dacca and Patna.
These courts handled cases on appeal from the
District Courts of Bengal to prevent overloading
the Sadar Diwani Adalat in Calcutta.

24
 They consisted of three English judges which
were later raised to 4.

Cornwallis code of 1793 removed the judicial

duties formerly held by the collector and passed
them to the Diwani Adalat established in each
district it included guidelines for the
appropriate for Hindu or Mohammedan laws.

In order to reduce the case loads at the district

level, commissions consisting of Indian officials
were developed to hear cases not exceeding 50
rupees in value.
25
 The Cornwallis code provided for the
appointment of vakils or Indian pleaders to serve
in the courts of civil judicature in Bengal, Bihar
and Orissa.
In 1793 the position of the law officer
developed within the judicial system, in Bengal
and then later in the other presidencies.
In 1795, Lord Cornwallis revived a system of
fees or stamp duties on cases to discourage the
introduction of frivolous cases in Bengal. The
fee structure was further enhanced in 1797.

26
 Civil
Sadar Diwani Adalat

Provincial Court of Appeal

District Diwani Adalats

Registrar Courts

Munsifs Court
27
 Criminal

Sadar Fauzadari Adalat

Provincial Court of Appeal

District Diwani Adalats

Registrar Courts

28
Courts of 1793

29
 Sadar Diwani Adalat Sadar Fauzadari Adalat

Provincial Court of Appeal Provincial court of Appeal

District Diwani Adalats Magistrate Court

Registrar Courts

Munsifs Court