1. What is Racial Discrimination?

Ans- Racial discrimination refers to discrimination against individuals on the basis of their race. Policies of racial
segregation may formalize it, but it is also often exerted without being legalised and also it means facing injustice.

2. What do you mean by the term landmark Case?

Ans- A landmark case is a court case that is studied because it has historical and legal significance. The most
significant cases are those that have had a lasting effect on the application of a certain law, often concerning your
individual rights and liberties.

3. What is the main objective of charter of 1987?

Ans-the Mayor's Court under the Charter of 1687 was made by the Company. The Charter of 1687 made just a single
Mayor's Court at Madras, it didn't contact the legal
framework winning in different settlements, administrations under the Company.

4. What is the main objective of Mayor act?

Ans- The Mayor’s Court established under the Charter of 1726 had the jurisdiction in Civil matters only in addition to
its testamentary and probate jurisdiction, while the court under the Charter of 1687 had the jurisdiction in criminal
matters also. Appeals against the judgments of the Mayor’s Court under the Charter of 1687 went to the Court of
Admiralty while from the Mayor’s Court under the Charter of 1726, to the King-in-Council.

Section –B
1. (a) What is the distinction between the charter of 1687 and the charter of 1726?
Ans- Comparison— Apart from the apparent similarity of names there was a vast difference between the two
Charters. The main differences may be enumerated as under:
(1) The Charter of 1687 applied to Madras only while the Charter of 1726 applied to all the three Presidencies.
(2) The Mayor’s Court established under the Charter of 1726 had the jurisdiction in Civil matters only in addition to
its testamentary and probate jurisdiction, while the court under the Charter of 1687 had the jurisdiction in criminal
matters also.
(3) Appeals against the judgments of the Mayor’s Court under the Charter of 1687 went to the Court of Admiralty
while from the Mayor’s Court under the Charter of 1726, to the King-in-Council.
(4) The Mayor’s Court of 1687 was a Court of the Company while the court established under the Charter of 1726
was the Court of the Crown.
(5) The Mayor’s Court under the Charter of 1687 was better in one respect that it had a lawyer-member called
Recorder while in the Court under Charter of 1726 there was no provision for any lawyer-member.
(6) In procedural matters, the court under the Charter of 1726 had to observe the technicalities of the courts in
England while the Court under Charter of 1687 was guided by its own procedure of convenience.
(7) In the Court under Charter of 1687 there was good representation of Indians while under the Charter of 1726 in
spite of the provision for two Indian members none was ever appointed in practice.
(8) Under the Charter of 1726 the criminal jurisdiction was completely assigned to the executive, i.e., the Governor
and Council, while under the earlier Charter it belonged to the Mayor’s Court and the Admiralty Court.
 (b) Write a short note on the working of mayor’s court from 1726 to 1753?

Ans- provisions of charter of 1726

1. In each presidency Town establishment of corporation consisting of Mayor and nine Aldermen.
2. Every year new mayor was chosen from the Aldermen
3. An aldermen hold office for life
4. Establishment of Mayors Court
5. The mayor and two council members gave justice and appeal went to the Governor within 14 days. Further appeal
could be made to the king in council if matter involved more than 1000 pagodas This way first time Indians got right
to file appeal in the king in council.
6. A sheriff was appointed for each ten miles of area by the Governor and council annually, in simple terms he was the
police officer.
7. When complained was given to the court, the court issued the summons in writing to the Sheriff and he brought the
accused in the court, he handed the summons to the concern party.
8. If party accused did not come on that day, the warrant was issued and Sheriff brought them before the courts, bail was
granted sometimes.
9. For criminal jurisdiction, justice of peace was established same like England Criminal jurisdiction system followed all
the British criminal system and procedures.
10. Charter of 1726 empowered the governor and his council to make by laws, rules and ordinances for the regulation of
corporation.

The Charter of 1753: The Crown’s Charter of 1753 amended suitably the former Charter of 1726. In Morley’s
Digest a reference to Rankin has been made saying that it expressly excepted from the jurisdiction of the Mayor’s
Courts all suits and actions between the Indians only; henceforth they were to be determined among themselves unless
both parties submitted them to the judgment of the Mayor’s Courts. This provision is said by Morley to be the first
reservation of their own laws and customs to natives.
The Charter made the Mayor’s Courts subservient to the Governors in Council by giving the latter the power to
choose Mayors and Aldermen. Each Corporation had to elect annually from the Aldermen two persons and present
their names to the Governor in Council in whom was vested the final choice of Mayor. According to Love the
vacancies among Aldermen were to be filled from the inhabitants of the town by the Governor in Council and this
affected the autonomy of the Mayor’s courts.

3. (a) Write a short note on development of Legal Profession in 1600-1853?

Ans- During the Muslim period, there was no Institution of the legal profession. But both the parties of the litigation
appoints their Vakils. This body decides the case and they were paid a percentage of the amount in the suit. The Court
has the power to decide who should be allowed to appear as Vakils. They act as agent for principals but not as
lawyers.
The same system was continued in North India even under the rule of East India Company.

3) Legal profession in British India -During the British period, the model legal system was developed in India. Before
1726, the courts derived their power not from the British crown but from the East India Company. The charter of 1661
has already described the English law.
i) Charter of 1726 : In 1726 the crown issued the charter of 1726, and the Mayor's Court were established in the
presiding towns of Bombay, Calcutta, and Madras. They where the royal Courts. They followed the procedure based
on English law. But there were no facilities to get the legal training. Many persons who have no knowledge of law
were used to practice before the said Courts. The Mayor's Court has no jurisdiction in criminal cases. The criminal
jurisdiction was conferred on the Governor.
ii) Charter of 1753 - In 1753, another charter was issued to modify the charter of 1726. This charger also ignored
significant provision for legal training and education relating to legal practitioner. Even after the charter of 1753, the
legal profession was not organized.
iii) Charter of 1774-The Regulating Act, 1773 empowered the British Crown to establish a Supreme Court at Calcutta by
issuing a Charter. Accordingly, a supreme court at Calcutta was established by is sung the charter of 1774.

Clause II of the Charter of 1774 empowered the said Supreme Court of Judicature Calcutta to approve and enroll
advocates and Attorneys- in-law. They were to be Attorneys of record. They were authorized to appear and act in the
supreme court. The supreme court had the power to remove any advocate for Attorney on reasonable cause. Indian
legal practitioners were not allowed to enter the supreme court. At that time 'Advocate' means the British and Irish
Barristers and member of the faculty of advocates in Scotland. The term 'Attorney' applied to the British attorneys or
solicitor.

iv) The Bengal Regulation Act of 1793 :The Bengal Regulation Act VII Of 1973 permitted qualified Hindu and Muslim
persons only to enroll as pleaders and the Bengal Regulation XII of 1833 allowed all the qualified persons of any
nationality or religion to enroll as a pleader of the Sardar Diwani Adalat.

iv) The Legal Practitioners Act, 1846 -The legal practitioners Act 1846 allowed at the people of any nationality or
religion to act as leaders. It also allowed attorneys and barristers enrolled in any of Her Majesty's courts in India to
plead in the company's Sardar Adalat.
v) The Legal Practitioners Act, 1853 - This Act authorized the barristers and Attorneys of the Supreme Court to plead in
any of the companies courts subordinate to Sadar court subject to rules in force in the said subordinate courts as
regards language or otherwise.
vi) Indian High Court Act, 1861 -The Indian High Court Act, 1861 empowered the government to establish High Court in
Presidency towns. After the establishment of the High Courts, the Civil Courts were organized at different towns. The
criminal courts were organized by the Criminal Procedure Code 1898.
vii) Legal Practitioners Act 1879 -Under the Legal Practitioners Act 1879 the term 'legal practitioner' means
Advocate, Vakil or attorney of a High Court and pleader, Mukhtar or revenue agent, who were non-graduates and
matriculates only. All these were brought under the jurisdiction of the high court. Vakils were the persons who had
taken the law degree from Indian Universities. Pleaders and mukhtars Were the Indian lawyers but advocate were to
be the barristers.

(b) Explain development of law reporting in India, growth of justice, equality and good conscience?

Ans- Justice-

Justice is not merely right determination and adjudication on disputes and enforcement of Law, but is so
comprehensive in its meaning and import that it takes within its ambit the whole of political, social, juristic and moral
idealism. The word justice comes from its Latin root ‘Jus’ meaning ‘right’. From the Vedic period onward, the
perennial attitude of Indian culture has been that justice and righteousness among men are microcosmic reflections of
 the natural order and harmony of the macrocosmic universe. The cosmos is instinct with an inherent structure and
functional pattern in which men at their best willingly participate. Justice, then, in the Indian context, is a human
expression of a wider universal principle of nature and if man was entirely true to nature; his actions would be
spontaneously just. Justice, in the sense of a distributive equity, is experienced by men in three major guises: as moral
justice, social justice and legal justice. Each of these forms of justice is viewed as a particularization of the general
principle of the universe seen as a total organism. Nature is guided by principles which become translated into ethical
terms in theindividual and social lives of men.

Equity

In the ordinary sense, equity is synonyms with natural justice. Initially this system was inspired by the ideas of natural
justice but in today’s world equity is no more or no less than the common law. Maine defined it as ‘any body of rules
existing by the side of original civil law, founded on principals and claiming incidentally to supersede the civil law in
virtue of a superior sanctity inherent in those principals3. Equity was important in the development of English law
because it resolved some of the defects of the common law, which might otherwise have led to a loss of public
confidence in the legal system. But how did this concept actually evolve? Equity arises out of the processes of law
app. The most important branch is the law of trusts, but remedies such as specific performance, Account of profits,
Rescission, Declaratory relief, Rectification, Estoppels, Certain proprietary remedies, such as constructive trusts or
tracing, Subrogation and injunction are also used. Equity came to prevail when there is a question between the rules of
common law and the rules of equity, which was a topic of debate and was subject to huge controversy. Equity had
come not to destroy the law, but to fulfill it.

Good Conscience

“The knowledge of our acts, states, or characters, as right or wrong, the faculty, power, or principal which decides on
the lawfulness or unlawfulness of our actions and affections, and approves or condemns them; the moral faculty; the
moral sense”. The conscience originally involves our ability to discriminate between two options. The conscience
then, assumed the role of judge, administering judgment through guilt and the specter of punishment. English
humanist lawyers in the 16th and 17th centuries interpreted conscience as a collection of universal principles given to
man by god at creation to be applied by reason; this gradually reforming the medieval Roman Law-based system with
forms of action, written pleadings, and use of juries and patterns of litigation. Along with law, which is the objective
of morality, conscience helps a person determine whether one is doing the right thing or wrong. Greek and Roman
philosophy also engaged understandings of conscience, but usually in the context of a guilty one – of feelings of
regret for bad actions done.

4. (a) Discuss warren hasting’s judicial plan of 1772, 1774 and 1780?
Ans-
1772- These are some important points in that plan:
1.Warren Hastings Administrative plan divided territory of Bengal, Bihar and Orissa into number of Districts.
2.In each District an English servant of the company was appointed as collector who was to be responsible for the
collection of land revenue.
3.Establishment of Mofussil Diwani Adalat
4.As per Warren Hastings plan a Mofussil Diwani Adalat was established in every district with collector as the Judge.
The court was authorized to decide all civil cases like disputes regarding properties, inheritance, marriage, caste,
debts, disputed accounts, contracts, partnerships and demands of rent.
5.Where ever possible religious laws of Muslim as well as Hindus were followed and applied .E.g. Caste, marriage,
inheritance etc.
6.As English servant who was appointed as Collector did not understand the religious laws , Kazis and Pundits were
appointed to help him
7.The decisions of the Mofussil Diwani Adalat in cases up to Rs.500 were final.
8.Establishment of Small Cause Adalat –
9.As name says, this Adalat decided petty cases up to Rs. 10 .The Head farmer of the Pergunnah became the judge. This
system was designed to save the traveling expenses of poor farmers, as they did not need to travel to the district place
for justice.
10.Establishment of Mofussil Fozdari Adalat –

Plan of 1774 –
1. With this plan collectors were recalled from every district.
2. In place of Collector an Indian officer was appointed called as Diwan or amil.
3. Diwan got the power to collect the revenue as well as act as a judge in the Mofussil diwani adalat.
4. The territory of Bengal , Bihar and Orissa was divided into six divisions with their head quarters at Calcutta,
Burdwan, Murshidabad , Dinajpore, Dacca and Patna
5. In each division many districts were created.The complete Bihar came under the Patna Division
6. A provincial Council consisting of four or five English servants of the company were appointed in each division to
supervise the collection of revenue and to hear appeals from the cases decided by the amil , the Indian diwan.
7. The appeals from this Provincial council were allowed if the case amount was more than Rs. 1000. The appeal went to
Sadar Diwani Adalat.
8. This time also Warren Hastings new that the Provisional council will do the more harm and more corruption than the
Collectors. Warren Hastings thought this plan as a temporary plan but Regulating act was passed in this time and
Warren Hasting could not change the plan until year 1780

Judicial Plan of 1780, First Indian Civil Code Prepared: Warren Hastings knew that the judicial plan of 1774 was not
perfect, and when Warren Hastings again got the chance and He made changes to the judicial plan of 1774, On April
11, 1780 new plan was introduced.
As per the plan of 1780 judicial and executive functions were separated.
Adalats – Function to do civil justice, no revenue work
Provincial Council - No judicial work, only revenue related work, collection and revenue cases.
But with this plan the problem was that, area was vast and adalats were few to administer those large areas, because of
this, cases were more, time was limited with the judges and thus arrears piled up in every adalat.
2nd problem was that witnesses have to travel lot to reach the adalats
There was only one Adalat in the whole of Bihar.
Because of this people thought it is better not to file the cases in courts, as filing cases in court meant, delayed justice,
physical harassment, waste of time and money.

(b) Discuss Regulating Act of 1773, its provisions, powers and functions?
Ans- Administration of East India Company at the time of Regulating Act of 1773
 Before we delve into the details of the act, lets understand how the East India Company was managed at that time.
Administration of the East India Company in England was managed by a body of 24 directors called Court of
Directors. This Court of Directors was elected by shareholders of the company on annual basis. The collective body of
these shareholders was called Court of Proprietors. The day to day functioning of the East India Company was done
by the committees of the Court of Directors.
In India, three presidencies were established at Bombay, Madras and Kolkata under a President called Governor
General and his Council or Governor in-council. All the powers were lodged into the Governor-in-Council and
nothing could be transacted without the majority of the votes in the council.
These presidencies were independent of each other and each of them was an absolute government in its own limits,
only responsible to the Court of Directors in England.
1. Creation of Office of Governor of the Presidency of Fort William. The presidencies of Bombay and Madras were
made subordinate to the Presidency of Calcutta. The Governor of Bengal was designated the Governor of the
Presidency of Fort William and he was to serve as Governor General of all British Territories in India.
2. Changes in voting qualifications This act raised the qualifications for a vote in the Court of proprietors from £ 500 to
£ 1000.
3. Establishment of Supreme Court at Calcutta The regulating act provided for establishment of a Supreme Court of
Judicature at Fort William comprising one chief justice and three other judges. Sir Elijah Imphey was appointed as
chief justice of this court.
4. Increased control over company
5. East India Company was kept under the Control of the King of England. The system of nominating high officials of
the Company, Judges, Member of the Court of Directors started.

Importance of the Regulating Act

The Act of 1773 recognized the political functions of the company, because it asserted for the rst time right of the
parliament to dictate the form of government. It was the rst attempt of British government to centralize the
administrative machinery in India. The act set up a written constitution for the British possession in India in place of
arbitrary rule of the company. A system was introduced to prevent the Governor-General from becoming autocratic.
This act unequivocally established the supremacy of the Presidency of Bengal over the others. In matters of foreign
policy, the Regulating Act of 1773 made the presidencies of Bombay and Madras, subordinate to the Governor
General and his council.

6. (a) Explain the provisions of Charter’s act of 1774 SC of Calcutta with its powers?
Ans- The East India Company became the dominant political power in the 18th Century and passed the Regulating
Act 1773.Objectives-• Reform in constitution of the company• Reform in administration in India• To provide
remedies against company’s oppression in India.
3. Features of the Act: Governor was raised to power of governor general. Entire military and civil powers were
vested in governor general. Government of presidencies of Madras and Bombay were put under Governor-General at
Calcutta. All judges were prohibited from accepting gifts. Even judges can be tried in King’s Bench in England.
4. The regulating act 1773 authorized the British crown to establish a Supreme Court at Calcutta by issuing a charter
of 1774 . Thus establishing the supreme court at Fort Willam, Calcutta.Composition-Chief Justice+ 3 judges-
barristers of England with 5 years experience. Appointed by crown Sir Impey-Chief Justice of Supreme Court .
5. Jurisdiction of the Supreme CourtCivil –Territorial in Calcutta and Personal in bengal,bihar and Orissa. Equity-
administer justice in a summer mannerCriminal-only to British servants Ecclesiastical-grant will Admiralty-all
maritime cases Writ-writ of certiorari, mandamus,
6. Merits of supreme court-1. Derives its authority from crown2. Civil and criminal jurisdiction3. Rules now require
approval from King in Council4. Court fees was regulated5. Empower to appoint advocates6. Writ power7. Enabled
judiciary to control executive.
7. Defects-1.Relationship between governor general and council and supreme court not defined. Governor general and
council rejected the authority of court. Thus it became source of annoyance.2. Relationship between Mofussil Adalats
and Supreme court not defined. Whether they were subordinate to the supreme court or not?
8. 3. Jurisdiction beyond the Calcutta was not defined. Court could issue the summons even for people outside the
calcutta. Even people were detained in jail till decision.4.Courts applied English Law in India.5.Criminal Law applied
in India was harsh.

(b) Explain the important changes made through Kassijurah Case?

Ans- The Act of Settlement 1781 was intended to remove some of the most obvious defects in the working of the
Supreme Court at Calcutta. These defects came to light soon after the court started functioning and the situation was
precipitated, by the famous Patna and Cosijurah cases (ap per next chapter). The following were its provisions,

(1) The Governor-General and the members of his council were made completely immune from the jurisdiction of the
Court,

(2) Revenue matters were taken out of the jurisdiction of the Supreme Court,

(3) the Act clarified that no person was subject to the jurisdiction of the Supreme Court by being a landowner,
landholder, fanner, or engaged in the collection of revenue.

(4) no person employed by the Governor-General or the members of his Council or by any servant of the Company
was under the jurisdiction of the Supreme Court merely for his being so, except where he submitted in writing to its
jurisdiction.

(5) The Act also made provision for the release of the various officers of the jail by the orders of the Supreme Court in
connection with the Patna Case

(6) The Act also made it clear that in cases involving the natives, the personal laws of the natives should be applied.
Where the dispute arose between natives of two different communities, i.e., the Hindus and the Muslims, then the law
of the defendant would be applied.

(7) It was made clear that the officers of the native Courts that is adalats were not liable to the jurisdiction of the
Supreme Court for any act done in their judicial capacity. However, if there were charges of corruption levelled
against them, then the Supreme Court could proceed against them after giving them one to three month’s notice
depending upon the distance where the officials so charged were residing. In that case, the officials were not liable to
arrest or detention.
 (8) the Sadar Diwani Adalat was declared a Court of Record in Diwani cases and to be a court of final jurisdiction in
civil matters of the value of Rupees five thousand beyond which appeals could be taken direct to the Privy Council.
Thus the Diwani adalat was not a Court, in any way, subordinate to the Supreme Court.

Long Answers

1. Describe Administration of Justice in Presidency towns Surat, Bombay and Madras?

Ans- Administration of Surat: (1612-1687)
1. 5 Most Important Factory Initially.
2. Important Commercial Centre.
3. Populous Town & International Port.
4. 1612 Established Factory at Surat.
5. The Governor and Company of merchant of London training into East.(15 year).
6. 1615 mughal farmaan and special power to them.
7. Governor and council (less knowledge of law)
8. Qazi Court made by Muslim Ruler to solve cases
9. Defects in Surat
10. No knowledge of law
11. Fight between them only
12. Corruption
13. Hindu and Muslim law applied on them

Administration of Madras (1693-1726)

1. 1st phase 1639-1665:- (Administrative set up, Judicial Set up, No Established Procedure)
2. 2nd phase 1665-1688: (Delay in Justice)
3. 3rd phase 1688-1725 (Admiraly, Mayor,Choultry Court and Corporation of Madras)

Administration of Bombay (1668-1726)

1. Charter 1668
2. 1670 judicial plan
3. 1672 new judicial plan
4. 1684-1690 admiralty court conflict
5. Judicial machinery 1718-1728
6. Court in Bombay
7. Court of judicature- civil and criminal
 Court of conscience- small cases
 Contract court-deputy governor and its council-serious matter
 Admirality court- according to charter 1648in Bombay
2. Explain the development of Legal Profession In India during 1600-1853?
Ans- Legal profession in British India -During the British period, the model legal system was developed in India.
Before 1726, the courts derived their power not from the British crown but from the East India Company. The charter
of 1661 has already described the English law.
1. Charter of 1726 : In 1726 the crown issued the charter of 1726, and the Mayor's Court were established in the
presiding towns of Bombay, Calcutta, and Madras. They where the royal Courts. They followed the procedure based
on English law. But there were no facilities to get the legal training
2. Charter of 1753 - In 1753, another charter was issued to modify the charter of 1726. This charger also ignored
significant provision for legal training and education relating to legal practitioner. Even after the charter of 1753, the
legal profession was not organized.
3. Charter of 1774- The Regulating Act, 1773 empowered the British Crown to establish a Supreme Court at Calcutta by
issuing a Charter. Accordingly, a supreme court at Calcutta was established by is sung the charter of 1774.
 The Bengal Regulation Act of 1793 :
 The Legal Practitioners Act, 1846
 Indian High Court Act, 1861
 Legal Practitioners Act 1879 -

3. Discuss the charter of 1813,1833 and 1853?

Ans- 1813
 End of Monopoly of East India Company
Charter act of 1813 ended the monopoly of the East India Company in India, however the company’s monopoly in
trade with china and trade in tea with India was kept intact. Thus, trade with India for all commodities except Tea was
thrown open to all British subjects. This lasted till 1833 when the next charter abolished the trade of the company.
 Permission to Christian Missionaries
The act also granted permission to the persons who wished to go to India for promoting moral and religious
improvements. (Christian Missionaries)
 Other Provisions
This act regulated the company’s territorial revenues and commercial prots. It was asked to keep its territorial and
commercial accounts separate.
The company debt was to be reduced and dividend was xed @10.5% per annum.
There was also a provision that Company should invest Rs. 1 Lakh every year on the education of Indians.
This act also empowered the local governments to impose taxes on the persons subject to the jurisdiction of the
Supreme Court.

1833
1. End of East India Company as a Commercial Body
2. India as a British Colony
3. Governor General of India
4. Fourth Member in Governor-General in Council
5. Split in Bengal Presidency
6. Enhanced Power of Governor General of India
7. Codifying the Laws
8. India’s First Law Commission
9. Indians in the Government service
10. Mitigation of Slavery

1853
Significance of Charter Act 1853
The Charter Act 1853 indicated clearly that the rule of the Company was not going to last a long time. The power and
innocence of the company were curtailed. British Crown could nominate six Directors. Further, marks the beginning
of Parliamentary system in India because of the key feature that Legislative Council was clearly distinguished from
the Executive Council. The Governor General was relieved of the administrative duties of Bengal. He was to devote
his whole time to work for the Government of India.

4. Explain the Judicial measures of Cornwallis 1787, 1790 & 1793?

Ans- Judicial Plan of 1787

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 matter of the suit exceeded Rupees one thousand and in cases
more than £ 5000 a further appeal by to the king in council.

Judicial Plan of 1790

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.

Judicial Plan of 1793

The basic or general features of the scheme are as follows,-
1. Separation of executive and judiciary, Henceforth, the Collector was to be responsible only for collection of revenue.
The power of administering civil justice was given to the diwani adalats.
2. Control of judiciary over executive, The Collectors and all executive officials were made amenable to the diwani
adalats for their official acts.
3. Governmental liability
4. British subjects and diwani adalats