Essay on Judicial Organisation During British Regime in India

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The British laid the foundations of a new system of dispensing justice through a hierarchy of civil and criminal courts. Though given a start by Warren Hastings, the system was stabilised by Cornwallis in 1793.

In each district was established a Diwani Adalat, or civil court, presided over by the District Judge who belonged to the Civil Service. Cornwallis thus separated the posts of the Civil Judge and the Collector.

Appeal from the District Court lay first to four Provincial Courts of Civil Appeal and then, finally, to the Sadar Diwani Adalat. Below the District Court were Registrars’ Courts, headed by Europeans, and a number of subordinate courts headed by Indian judges known as munsifs and amines.

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To deal with criminal cases, Cornwallis divided the Presidency of Bengal into four divisions, in each of which a Court of Circuit presided over by the civil servants was established. Below these courts came a large number of Indian magistrates to try petty cases.

Appeals from the Courts of Circuit lay with the Sadar Nizamat Adalat. The criminal courts applied Muslim Criminal Law in a modified and less harsh form so that the tearing apart of limbs and such other punishments were prohibited.

The civil courts applied the customary law that had prevailed in any area or among a section of the people since time immemorial. In 1831, William Bentinck abolished the Provincial Courts of Appeal and Circuit.

Their work was assigned first to Commissions and later to District Judges and District Collectors. Bentinck also raised the status and powers of Indians in the judicial service and appointed them as Deputy Magistrates, Subordinate Judges and Principal Sadar Amins.

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In 1865, High Courts were established at Calcutta, Madras and Bombay to replace the Sadar Courts of Diwani and Nizamat.

The British also established a new system of laws through the processes of enactment and codification of old laws. The traditional system of justice in India had been largely based on customary law which arose from long tradition and practice, though many laws were based on the shastras and shariat as well as on imperial authority.

Though they continued to observe customary law in general, the British gradually evolved a new system of laws. They introduced regulations, codified the existing laws, and often systematised and modernised them through judicial interpretation.

The Charter Act of 1833 conferred all law-making power on the Governor-General- in-Council. All this meant that Indians were now to live increasingly under man-made laws, which might be good or bad but which had to be obeyed blindly and which could not be questioned as they were supposed to be divine and therefore sacred.

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In 1833, the government appointed a Law Commission headed by Lord Macaulay to codify Indian laws. Its labours eventually resulted in the Indian Penal Code, the Western-derived Codes of Civil and Criminal Procedure and other codes of laws.

The same laws now prevailed all over the country and they were enforced by a uniform system of courts. Thus it may be said that India was judicially unified.

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