DR.

RAM MANOHAR LOHIYA,

NATIONAL LAW UNIVERSITY,
LUCKNOW
SESSION 2018-19

SUBJECT: HISTORY

TOPIC- JUDICIAL PLAN OF LORD CORNWALLIS

SUBMITTED TO SUBMITTED BY
DR. VANDANA SINGH VISHAL KUMAR ARYA
ASSOCIATE PROFESSOR ENROLLMENT NO -
170101163
SECTION B

Page1
 ACKNOWLEDGEMENT

First of all, I would like to thank Dr. Vandana Singh for giving me this opportunity to make the
project on such an immense topic and all the support and guidance that I have received from her,
without which this project could not have turned into a reality. I would also like to thank all my
colleagues and seniors for providing me support and material facts and figures related to this
topic. Last but not the least, I would like to thank my parents for providing me appropriate
guidance and support to prepare the project. All the above-mentioned people have very whole-
heartedly helped me to make this project in the present shape.

THANK YOU!

Page2
 TABLE OF CONTENTS

1)Lord Cornwallis

2)Judicial Plan of Cornwallis

 Judicial Plan of 1787

 Judicial Plan of 1790
 Judicial Plan of 1793

3)Commercial Reforms

4)Cornwallis Code

5)Conclusion

Page3
 LORD CORNWALLIS
Lord Cornwallis was a British army officer, civil administrator, and diplomat. His career was
primarily military in nature, including a series of well-known campaigns during the War of
American Independence from 1776 to 1781 that culminated in his surrender at Yorktown. He
held office between 1786 and 1793 representing the British government and answerable to the
Board of Control.

Lord Cornwallis was the first Governor-General under the new Regulating Act of 1773 (which
also allowed the creation of the Supreme Court in Calcutta). During his tenure he was able to
balance the interests of the East India Company as well as the interests of the people. He didn’t
just focus on the East India Company’s goals, or the repayment of the loan, which the company
had taken from the crown.He was able to defy the mercenary interests of the East India Company
when they conflicted with state policy. His tenure extended from 1786-1793, and this period was
exceptionally productive in terms of the number of reforms brought out to better the judicial
system1.

Lord Cornwallis, introduced reforms in all sphere’s possible, in civil and criminal judicature, in
re-organising the districts and introducing for the first time the principle of administration
according to the law . His contributions to the existing judicial system can broadly be classified
under the following three judicial plans:

• Judicial Plan of 1787

• Judicial Plan of 1790

• Judicial Plan of 1793

1
Prof. M. P. Jain, Outlines of Indian Legal & Constitutional History, (6th Edition), Ch 7, Pg 54

Page4
 JUDICIAL PLAN OF LORD CORNWALLIS
The Governor -Generalship of Lord Cornwallis (1786-1793) constitutes a very remarkable and a
highly creative period in Indian legal history.

In 1786 Lord Cornwallis succeeded Sirjoha Macpherson as the governor-general of India. He

was the first governor-general of India who had to work under the Pitt’s India Act.He was a
nobleman of high rank and aristocratic disposition. In India he attained success by following the
policy of Warren Hastings. He reformed and reorganized the administration of the company.

He thoroughly reorganised the judicial system. He introduced for the first time the principle of
administration according to law. He made very important and far-reaching reforms in the judicial
administration, some of the basic principles of which exist even upto now.He introduced changes
in the judicial system in three years – 1787, 1790 and 1793. These were known as Judicial Plans
of 1787, 1790 and 1793 respectively. 2

 JUDICIAL PLAN OF 1787:

On the instructions from Court of Directors, Lord Cornwallis introduced his first plan in 1787 to
combine revenue and the judicial functions in a single authority called the Collector. Thus, the
Collector collected the revenue as well as decided the revenue disputes. This was done to avoid
the conflict of jurisdiction and to save expenses. The revenue court was called as ‘Mal Adalat’.
The appeal against the decisions of the Collector went to the Board of Revenue at Calcutta and a
second appeal to the Governor-General and Council. Thus,there was provision for two appeals in
revenue cases.

For deciding civil disputes, Diwani Adalat with Collector as the sole judge was established. The
Collector was also given some magisterial powers. As Magistrate he had the powers to arrest the
criminals, hear evidence against them and commit the case to the criminal court to be tried by it.
In petty matters, he was given power to inflict 15 days imprisonment.

The plan was a retrograde step in the administration of justice. Whatever goods had been done
by Warren Hastings by separate revenue and judicial functions was undone by this plan. In Civil
cases, appeal from Mofussil Diwani could be preferred in the Sardar Diwani Adlent if the subject

2
. English East India Company.

Page5
matter of the suit exceeded Rs.1000 in cases more than £ 5000 a further appeal by to the king in
council. The Sadar Adalat consist of the Governor General and all the members of his council
assisted by the Chief Qazi, Chief Mufti and two Moulvis for Muslim law and Hindu Pandit for
Hindus law.

So the functioning of judicial administration was done by:

 Reorganisation of districts

The number of districts in Calcutta were reduced from 36 to 23.

 Appointment of collector

A collector was appointed in each district. He was an Englishman. Collector was assigned with
two tasks – to collect revenue and to decide cases arising out of revenue matter.

He also presided over the mofussil diwani adalat (district level civil court) as a judge. In mofussil
diwani adalat, he would decide civil cases and cases of zamindars. Appeals from the mofussil
diwani adalat lay to the Sadr Diwani Adalat when the matters exceeded Rs.1000/-. The Sadr
Diwani Adalat was presided was the Governor General. 3

He also presided over the Magistrate’s Court as a Magistrate, where he was empowered to try
and punish cases of petty crimes and offence upto Rs. 200. Offences having value of more than
Rs.200 would be sent to the Sadr Nizamat Adalat by the Magistrate4.

 Establishment of Mal Adalats

Mal Adalats were revenue courts in each district which exclusively dealt with revenue matters.

This court was presided by the Collector who decided cases related to revenue as he was an in
charge of revenue matters.

Appeal from the Mal adalat lay to the Board of Revenue in Calcutta and then to the Governor
General-in-council.

 Establishment of Registrar Courts

3
www.importantindia.com
4
http://www.indianetzone.com/39/lord_cornwallis_indian_governor_general.html.

Page6
An assistant officer of the collector was appointed who was known as the Registrar. He was
appointed in each district who presided over the Registrar’s court which decided civil cases upto
the value of Rs.200/-

But the decree passed by the Registrar was not final until it was signed by the Mofussil Diwani
Adalat i.e. the Collector.

Defects of the Judicial Plan of 1787:

1)Under this plan,the separation between executive and judiciary could not be maintained.

2)The Collector was over empowered.He could not control from Calcutta on account of slow
means of communication.

3)The collector was more interested in revenue collection than administration of revenue justice.

 JUDICIAL PLAN OF 1790

 Reorganisation districts into divisions

The districts were divided into four divisions – Murshidabad, Calcutta, Dacca, and Patna.

 Moffusil Faujdari Courts were abolished

Mofussil Faujdari Courts were the district level criminal courts. They were abolished and
replaced with Court of Circuits.5

 Establishment of Court of Circuits

A court of Circuit was Established at each of the four divisions. It was presided by 2 servants of
the company and they were assisted by Muslim law officers – Qazi and muftis. It was not a

5
M. P. Jain, Outlines of Indian Legal and Constitutional History, (6th edition), Pg 119

Page7
stationary court. Instead it was a moving court which moved from district to district in their
respective division to try criminal cases. They visited each district of their division twice
anually. The salaries of the court officers were increased so as to reduce their lure for bribes.

 Sadar Nizamat Adalat-

It was transferred to Calcutta where the Governor-General and Council sat as its judges, assisted
by Muslim law officers. The system created in 1790 worked very well, the only defect revealed
in the system was that the Courts of Circuit were called upon to handle huge amount of work.
Therefore, in 1792 Cornwallis empowered Magistrates to give punishment in cases punishable
up to one month’s imprisonment. This reduced the pressure on Circuit Courts. Lord Cornwallis
also made some humanitarian reforms viz provisions for allowance to the prosecutors and
witnesses who came to the law courts, abolition of the provision for attachment of property,
provisions for the rehabilitation of criminals after their release from the jail.6

 Increase in Salaries

The salaries of all Judges of all court were fixed and increased to control corruption that was
prevalent in the current system of justice.

 Collector to make a report of the working of courts

Collector to make a report of the working of courts he was in charge of i.e. the Magistrate, Mal
Adalat and Mofussil Diwani Adalat; and send it to the British Parliament of England bi-annually
and annually.

 The Post of Nawab was abolished

The post of Nawab, who used to preside over Sadr Nizamat Adalat was abolished as he did not
carry out criminal justice properly and it was now presided by the Governor General-in-council
instead.

6
Adawlut, signifying "justice", "equity", a court of justice. The term Dewanny Adawlut signifies a civil
court of justice. Foujdarry Adawlut signifies a criminal court of justice

Page8
  Court Fees

Court fees was introduced to reduce the burden on courts. Court fees was only charged for
pleaders of the court and for calling the witnesses of the case.

 Questionnaire sent to the Magistrates

The administration of criminal justice was suffering from various defects before the reforms of
1790,

(1) The criminal administration of justice was completely left in the hands of Muslim officers.
With no proper control over them, they misused their powers e.g. accepted bribes,

(2) The Moffussil Faujdari Adalats had unlimited powers, and with absence of proper control
these courts became autocratic,

(3) There was no relation between the severity of the crime and the punishment provided for that.
Full freedom was given to the courts to given punishment as they liked. Thus, even in the crime
of murder, the criminal went unpunished,

(4) In many cases the protection was afforded to the criminal by Zamindars and by their
influence over the Muslim judges, they could get the criminals escape from the clutches of the
judiciary. In this way, crimes were encouraged.

(5) The Nawab who had the power to control the criminal justice administration, was very
careless. 7

A questionnaire was sent to the magistrates asking for their opinions on the prevailing criminal
judicial system. The replies given by the magistrates painted a very bad picture of the then
existing system. The 1790 reforms eliminated the name of Nawab from the criminal justice
administration. The administration was entrusted to Company’s servants who were to be assisted
by Muslim law officers.

Defects of the Judicial Plan of 1790:

7
In full view of the public to increase accountability and reduce malpractices in serving justice to the people.

Page9
The magistrates’ opinions in the questionnaire sent to them revealed the evils of the criminal
justice system. This made Cornwallis realize that certain vital changes were required in the
system of criminal justice.

Two important sources of these evils were-(i) defects in the constitution of the criminal courts
(ii) the gross defects in the Muslim law of Crimes.

Cornwallis resolved to abolish the authority of Nawab over the criminal judicature and to
transfer the administration of criminal justice from Muslim Law officers to the Company’s legal
servants.8

Court of Circuits were moving courts which were overburdened with cases, which caused them
delay in moving from one district to another and could not visit some districts twice annually due
to the delay. 9

There was a lot of collective power of administration and judiciary vested with the collector
which made him abuse his power.

 JUDICIAL PLAN OF 1793

The scheme of 1787 had many defects. The Collector functioned practically without any control
from the above. He very soon became an autocrat and neglected his judicial functions. Actually,
his main function was the collection of the land revenue on which his future promotions and his
remunerations depended. The disputes in the Mal Adalat generally related to the collection of
land revenue which mean that the Collector was a judge in his own cause. From a purely
administrative point of view, the scheme was convenient, simple and economic, but it was hardly
conducive to secure people’s liberty, protect property and promote their general welfare.

8
A person with full legal knowledge equivalent to a lawyer in present day terms
9
www.legalbites.in/reforms -of -cornwallis/

Page10
The 1793 scheme forms the high water mark in the Indian legal history, as it was based on
certain postulates which are regarded as essential and fundamental for the organization of the
judicature in any civilized country. The scheme provided for a system of administration of
justice which may secure and protect people’s liberty and promote their general welfare.

The basic or general features of the scheme are as follows,-

 Separation of Executive and the Judiciary

The powers vested in the collector were administrative and judicial as he was also in charge of
collection of revenue and for deciding cases arising out of revenue matter. Now, the collector
was only responsible for the collection of revenue. The power of administering civil justice was
given to the diwani adalats.10

 Mal Adalats were abolished

Revenue courts which exclusively tried cases arising out of revenue matters and presided by the
Collector as Judge, was now abolished.

All powers and pending suits of the Revenue courts were now transferred to Mofussil Diwani
Adalats and thus not tried by the collector.11

 Executive subjected judicial control

The Governor General and his council were now subject to judicial control. Any wrong acts
committed by them while carrying out their functions and outside of it could be heard or tried
and punished by the Diwani Adalats. Suits against the Government by private individuals could
be brought forward and were tried by the Diwani Courts. The Collectors and all executive
officials were made amenable to the diwani adalats for their official acts. They were to be

10
https://www.legalbites.in/the-adalat-system/
11
S.D. Sharma, Administration of Justice in Ancient India, New Delhi: Harman Publishing
House, 1988
Page11
personally liable, and could be required to pay damages to the injured party, for violations of the
Regulations. Thus, for the first time a privilege was given to the people to get remedy against the
Company’s officers who committed any wrong against them.

 Indian natives had to sign a bond with the British Subjects agreeing to go to court

British could recover claims from Indian natives and vice versa by signing a bond with each
other agreeing to go to court.

 Native Officers given important posts

Native officers were appointed by the Governor General-in-council.Native officers were made
Munsiffs of the Munsiff courts at district level. This court could try cases upto Rs.50. Zamindars,
Tehsildars, etc appointed as Munsiffs.

Personal Laws of Hindus and Muslims were applicable in cases relating to marriage, inheritance,
caste, religious usages and institutions. These personal laws were interpreted by the native
officers who were appointed to assist the court to expound the personal law

 Uniform pattern of Regulations

Until now, any new regulation that was issued did not follow an uniform pattern. This was
changed by making it a rule that any new regulation that would be made would have a title to
explain the nature of the subject matter and contain a preamble which would state the purpose for
enacting the regulation.12

 Reforms in Muslim Personal Law

The Sadr Nizamat Adalat was directed to to follow the muslim personal law to try and punish
criminal cases, but with some modifications. The relatives of murder victims did not have a
provision to pardon the murderer. The cruel and inhuman punishments such as cutting off limbs
of the offender were replaced with punishment of imprisonment and hard labour for 14 years.
12
Phillips, C. H (2006), The East India Company 1784–1834, Bel Air

Page12
  Court Fees abolished

Court fees which was imposed in the judicial plan of 1787 was abolished. The court fee was
abolished so that the people could easily reach to the court for securing justice.

 Legal Profession recognised for the first time in India

The legal profession was recognised in India for the first time. The pleaders of the case had to have
prior legal knowledge to be eligible to be a pleader of the court.

 Reorganization of courts-

The courts were fully reorganized by the 1793 Scheme:

 Civil Judiciary—A complete “hierarchy of courts” was established to deal with civil
matters.

(a) Sadar diwani adalats—The highest court in the judicial hierarchy consisted of Governor-
General and Council. It heard appeals against the decision of Provincial Courts of Appeal on
matters exceeding Rupees 1000. These courts now had the supervision and control over the
lower judiciary. The court could receive any original suit to be referred to it if the Provincial
Court or the Diwani Adalat had neglected to entertain the matter. It also heard and decided
charges of corruption and incompetency against the judges of lower courts. 13

(b) Provincial courts of appeals—Till now the only appellate court was the Sadar Diwani
Adalat, functioning in Calcutta. The provincial courts of appeals were established in four
divisions which had the jurisdiction to try civil suits referred to it by the Government or the
Sadar. Diwani Adalat, to hear appeals against the decisions of diwani adalat etc. The courts
consisted of three Company’s servants as judges.

13
Sudder signifies literally "the breast"; the fore-court of a house; the chief seat of government,
contradistinguished from Mofussil, or interior of the country; the presidency

Page13
(c) Diwani Adalat—A civil servant of the Company was appointed as the judge of diwani adalat
(previously the Collector was the judge) who had no work except deciding the civil and revenue
disputes.14

(d) Registrar’s Courts—The Diwani Adalat could refer the suits upto Rupees two thousand to
the court of registrar which was held by the servant of Company.

(e) Munsif’s Courts— Zamindars, Tehsildars, etc appointed as Munsifs to try suits upto the
value of Rupees fifty.

(f) Ameen’s Courts—It had the same composition and powers as the court of munsif, however,
it could not entertain a case directly unless referred to it by the diwani adalat.

 Criminal Judiciary

Most of reforms had been introduced under the Scheme of 1790. Under 1793 plan, only two
important changes were made in the place of Collector, the judge of Diwani Adalat was
appointed as the Magistrate, and the work of the Circuit Court was transferred to the provincial
court of appeal.

Critical appraisal of 1793 Plan

Lord Cornwallis perfected the process started by Warren Hastings. The 1793 Plan was very
logical, comprehensive and well planned. The new system was based on the principle of checks
and balances, the executive officers were amenable to courts and were personaly liable for their
official acts, on the judicial side an elaborate system of supervision and appeals was introduced.
The courts worked with more efficiency, independence and judicial outlook. For the first time
the ‘rule of law’ was established in the Mofussil area.

 14
Dewan is an ancient Persian word which was adopted throughout the Islamic world, meaning
a powerful government official, minister or ruler.[5]

Page14
However, the new system was not completely free from defects,

(1) The provisions for two-three appeals made the judicial machinery complicated and slow
moving. Thus, large number of cases remained pending in the courts for long period.

(2) The Indians were totally excluded from the judiciary except at very low level of munsif.
Cornwallis started with a wrong premise that the Indians from their character and bearing were
unworthy of holding any position of responsibility. This distrust shown towards the Indians
generated the dissatisfaction among the native people as well as made the system less efficient
and to some extent superficial as the English servants did not know and understand the customs,
usages, etc. of the people,

(3) Cornwallis did everything on procedural side but he could not reform the substantive part of
law mainly the criminal law which was based on Muslim law and had many defects.

Commercial Reforms
Cornwallis took some steps for the improvement of trade and commerce. Since the establishment
of Board of Trade at Calcutta, the company had procured goods through European and Indian
contractors. These contractors often supplied goods at high prices and of low quality. Cornwallis
stopped the practice of procuring supplies through contracts and started the practice of procuring
supplies through Commercial Residents and agents.15

These Commercial Residents fixed the prices of goods with the manufacturers and also made
advances to them. Cornwallis reduced the members of the Board of Trade from eleven to five
and placed it under the control of the Calcutta Council. He also issued instructions that the
merchants would not be oppressed.

Similarly there were reforms in criminal law,police,there was suppression of bribery,etc.

15
Ross, Charles (ed); Cornwallis, Charles (1859). Correspondence of Charles, First Marquis Cornwallis.
Volume 1. London: J. Murray. OCLC 1163639

Page15
 The Cornwallis Code
A comprehensive body of rules dealing with every department of the state was drawn up. In
accordance with these rules the business of the state was to proceed. A clear division between the
administrative and commercial services was made and servants of the company were asked to
make their choice.

By 1793 it became clear that the Board of Revenue could not deal with the huge number of cases
concerning revenue that cropped up. Arrears accumulated, people lamented the laws delay, and
some remedy became urgent.

Accordingly in each district ‘Mai Adalats’ were created at the head of which was placed the
collector who was re-invested with revenue powers, his revenue functions developing on
assistants.

Thus by 1793 Cornwallis, by strenuous labour had separated the administrative and commercial
services and built up that fabric, which with certain modifications is in existence even today. In
that fabric Europeans were to dominate the whole show and the collectors was the central piece,
the main link between the District and the Supreme Government.

It is true that all the pieces of the administrative structure were in existence when Cornwallis put
his hands to its, but it was his administrative acumen that give a shape, a cohesion and a harmony
to them. 16

He put those pieces together in their proper places and hammered them into a system. That was
the measure of his success and achievement. To safeguard the Indians against oppression it was
provided that the collectors at revenue and indeed of all offices of Government shall be amenable
to courts for acts done in their official capacities, and that government itself in cases in which it
may be a party with its subjects in matters of property shall submit its rights to be tried in courts
under the existing laws and regulations. By this provision Cornwallis introduced the rule of law
in India.

16
M. P. Jain, Outlines of Indian Legal and Constitutional History, (6th Edition
Page16
 CONCLUSION

During British rule, it can be said that India went through a great deal of experimentation and
empirical learning. Many courts were created and then abolished and replaced with new
mechanisms to resolve disputes.

Through his various judicial plans, Lord Cornwallis was successful to uproot the evil of
corruption. Though Cornwallis was a just administrator, he was seen as a racial discriminatory as
he reserved all the high posts of judicature for the Europeans. Even though Cornwallis almost
perfected the administration of civil judicature, the problem of criminal law was still prevalent as
the criminal law was based on Muslim personal law which already had prevalent defects in it.

Thus the whole system under the regulation act of 1793 introduced many reforms ,Sir George
bard low assisted lord cornwallis in drafting a signal set of 48 regulations which was issued on
1st may, 1793 known as Cornwallis code.17

The legal system that existed when the British came to India, was in great need of reform and
thus the British gave our legal system the much needed change. It is therefore, concluded that the
contributions of the British are so important that the very existence of our judiciary and legal
system can be credited to them. The true impact of the British efforts can thus be summarised by
saying that they revamped our legal system to make it fairer and more accessible to all citizen.

17
M P Jain, Outlines of Indian legal and constitutional history (6th edn, Lexis Nexis 2008) 66
Page17
BIBLIOGRAPHY:

Books

 M P Jain, Outlines of Indian legal and constitutional history (6th edn, Lexis Nexis 2008)
66.
 M. P. Jain, Outlines of Indian Legal and Constitutional History, (6th Edition).
 S.D. Sharma, Administration of Justice in Ancient India, New Delhi: Harman Publishing
House, 1988.

Web sources
 www.importantindia.com
 www. History.com

Page18