INDORE INSTITUTE OF LAW

(Affiliated to DAVV & BCI)

B.A.L.L.B. Semester II ‘B’
Legal History
Crash course

By- Madhuri Modi

Q1. “Robert Clive was the real founder of the British empire of India.” Explain.
Robert Clive

Robert Clive is one of those men who are remembered as the makers of history.
He holds a key position in the history of modern India. In the annals of his country
he holds a significant place as the founder of the British Empire in India.

The English soldier and statesman Robert Clive, Baron Clive of Plassey (1725-

1774), extended British power in India. He checked French aspirations in that area
and made possible 200 years of British rule in the Indian subcontinent. Robert
Clive was born of an old and prominent family on Sept.

 Clive’s Administration:
 The East India Company as an organized company of traders came to India
for trade with the East. They did not have the experience of administration
and Clive himself at first was a clerk and thereafter a soldier. It was not
expected of him much about administration.
 But under historical circumstances the East India Company became the
master of a rich area of India and the same circumstances made Clive the
master of the Company. With much thought and consideration he
introduced a system of Government popularly known as the Dual
Government of Clive.
 According to that system Clive placed a Nawab on the throne. The Nawab
remained in charge of the administration of Law and Order and Justice. He
was paid an annual grant for the maintenance of officials and for his own
 expenses. The Company retained the power of the collection of the
revenue and military administration.
 The governmental work was thus divided into two parts. Two separate
groups of officers were found to remain in charge of the country. For this
dual nature of administration this system was called the Dual Government.
The Company collected the land revenue and got the money. From that
money they maintained their army. Thus with money and military power
the East India Company became the real master of the country. On the
other hand the Nawab and his officers remained in charge of administration
and justice without money nor power. Therefore they became unpopular
before the people and the administration proved a failure.
 In brief the Nawab was given responsibility without power and the
company enjoyed enormous power without responsibility. Such a system of
administration led to disastrous results. The whole of Bengal experienced
an unprecedented type of administration which they have not seen before.
 The powerless Nawab could not deliver justice to the people or maintain
Law and Order. The strong plundered the weak and the weak received no
protection from the administration. Oppression continued. People suffered
untold misery and thus the Economic crisis followed. The Dual Government
of Clive a failure that further proved Clive’s lack of foresight.
 Clive showed his capacity as an able administrator in other fields. The
servants of the company turned very corrupt and they were receiving
presents, rewards, and bribes from every available source.
 It was a regular feature with the servants that created a very low image of
the English before the Indians. Realizing this fact Clive proceeded to root
out corruption from the company. The main cause of this corrupt practice
was the low salary of the servants. Clive adopted two methods.
 He enforced strict orders that no servant of the company should receive
money as bribe reward or presents. On the other hand he enhanced their
salary. To improve the financial condition of the company Clive reduced the
amount of Batta which the soldiers used to receive during peace time.
 The soldiers became angry but Clive suppressed their anger by the use of
force. After this administrative changes Clive left India in 1767 living behind
him a British territory which was his own creation.
 An Estimate of Clive:
 Robert Clive is one of those men who are remembered as the makers of
history. He holds a key position in the history of modern India. In the annals
of his country he holds a significant place as the founder of the British
Empire in India.
 Born in an ordinary family and brought up in hardship he came to India as a
clerk to earn his livelihood. But he turned into a soldier of fortune when the
future of his countrymen in the East appeared dark. He became one of the
greatest men of Great Britain due to his achievement.
 Clive’s character was a combination of good and bad qualities. As a soldier
he was able, adventurous and brave. He saved the British fortune in the
South with those qualities. In Bengal he has used some of his bad qualities
and resorted to falsehood, treachery, plots and forgery.
 He won the Battle of Plassey not by the use of his soldierly qualities but
with the help of the traitors. He laid the foundation of the British Empire in
impure hands. Even after the Battle of Plassey he abandoned his conscience
for acquisition of wealth in shape of bribes, rewards, and presents Clive
might have succeeded as a leader but he failed as a man.
 Clive could not mark himself as an administrator. He had the golden
opportunity to give to his conquered territories a good and efficient
government. But that could not be materialized as he was chiefly
concerned with the collection of revenue but not with law or justice. His
Dual Government was an example of the abuse of power. Bengal suffered
one of her worst days in history due to the introduction of that system.
Inspite of shortcomings Clive achieved remarkable success. All that he did
had a permanent value.
 His victory over the French power in the South, over Siraj-ud-daula in the
Battle of Plassey and his gain of Diwani of Bengal, Bihar and Orissa were the
solid pillars on which the future castle of the East India Company
 constructed. Such being the case he is judged by the results of his work but
not by the means he adopted to achieve his goal.
 England was grateful to him for his achievements but to some of his
countrymen his conduct in making a money appeared objectionable. So
charges were brought against him in the British Parliament that “the Right
Honourable Lord Clive Baron of Plessey in consequence of the powers
vested in him in India had illegally acquired the sum of 2,34,000 to the
dishonour and detriment of the state”. Clive’s prestige pride and vanity
were shattered. He prayed pathetically “Take my fortune but save my
honour”.
 However the charges were not fruitful and Clive was not punished. Instead
the Parliament praised him that “Robert Lord Clive did at the same time
render great and meritorious services to this country. At last in the
November of 1774 he committed suicide. It was indeed a life full of
memorable events that brought real glory for him and his countrymen.

Q2. Describe the administrative reforms of Warren Hastings.

Warren Hastings became the Governor of Bengal in 1772 and in 1774. He became
the first Governor-General of Bengal. When he became the Governor of Bengal,
he had to face many problems. The ‘Dual Government’ had caused confusion and
disorder in the state. There was no satisfactory arrangement for the collection of
revenue and the revenue income was irregular. The treasury was empty and
there was terrible famine in the country. The country was infested with robbers.
Besides these, the Marathas became powerful under Peshwa Madhav Rao and
became a threat to the Company. Shah Alam, the Mughal emperor also joined the
hands with the Marathas against the English. And in Deccan, Hyder Ali rose to
power and became a formidable rival to the English. However, Warren Hastings
was very successful in tackling all these problems.

Warren Hastings carried out a large number of reforms and those of maybe
discuss under four hands, viz., administrative, revenue, economic and judicial.
 Administrative Reforms: Warren Hastings put an end to the dual system of
government in Bengal which was established by Robert Clive in 1765. The
Company took over the responsibility of administration of the province and
started to collect the revenue through the agency of its own servants.
Mohammad Reza Khan and Raja Sitab Rai, who were the Deputy Nawabs of
Bengal and Bihar, were removed from their offices. The treasury was
shifted from Murshidabad to Calcutta and it became the seat of
government.
 Revenue Reforms: Although the Company had got the diwani of
Bengal, Bihar and Orissa in 1765, the work of collection of land revenue had
been left in the hands of amils. Warren Hastings decided that the Company
must directly collect the revenue. Consequently, he appointed collectors
for revenue collection and administration, who were to be helped by native
officers. Settlement was made for five years with the highest bidders. To
supervise the whole organization, a Board of Revenue was established
at Calcutta. This revenue system was found to be defective and
consequently in 1777 the old system of bidding for a year was resorted to.
He made the account of revenue simple and intelligible and made many
provisions for the protections of ryots.
 Economic Reforms: Warren Hastings prohibited the used of dastaks by the
servants of the Company and thereby added to the revenues of the
Company. He abolished a large number of custom houses or chowkies as
they were hampering the growth of trade in the country. He reduced the
duties on all goods except salt, betel nut and tobacco.
He reduced the allowance of the Nawab of Bengal from 26lakhs of rupees
to 16 lakhs of rupees. He also took over district of Kora and Allahabad from
the Mughal emperor and sold them to the Nawab Wazir of Oudh for rupees
50 lakhs. He also obtained a large sum of money from the Nawab of Oudh
for helping him against the Rohilas.
 Judicial Reforms: Warren Hastings carried out a large numbers of reforms
in the judicial sphere. In 1772, he established Diwani Adalat (Civil Court)
and a Faujdari Adalat (Criminal Court) in each districts. The Diwani Adalat
was presided over by the English collector and Faujdari Adalat  was
 presided over by Indian officers Qazis and Muftis. Two courts of appeal
were established at Calcutta. They are the Sadar Diwani Adalat (the
Supreme of Civil Court) and the Sadar Nizamat Adalat (the Supreme
Criminal Court) which heard appeals from the Diwani Adalat and Faujdari
Adalat  respectively. He also compiled a simple code about the personal
laws of Hindus and Muslims.
Warren Hastings was a versatile genius. He has a limitless energy and
strong determination. In spite of their difficulties which he had to
encounter in the country he was able to accomplish a lot.

Q3. Discuss the judicial reforms of Lord Cornwallis in judicial management.

 INTRODUCTION
 Lord Cornwallis was the famous British General, who was sent to India
in1786 with the charge of the land settlement policy of the Government.
 The governor-generalship of Lord Cornwallis which extended from 1786
to1793.
 Cornwallis introduced changes in the judicial system thrice in years 1787,
1790, and 1793.
 He introduced for first time the principle of administration according to
law.

 JUDICIAL SYSTEM OF 1787

 The judicial scheme of 1781, introduced during Warren Hastings’ governor-
generalship, envisaged a division of revenue and judicial functions.
 After Warren Hasting left voice raised against the system by the company’s
senior servants who advocated the merger of the two functions in the same
hands.
 It was very costly to maintain two distinct organizations for the
administration of revenue and judicial functions.
 Sir John Shore senior and able civil servant, who later succeeded Cornwallis
as the Governor-General on 13th January 1785.
 He stated that the Indians had lived under an “arbitrary and despotic”
government and therefore the form of the British government should be
despotic. 
 He said it was impossible to draw a line between the revenue and judicial
departments with the result that they continually clashed in practice.
 When force was applied to collect land revenue, a complaint was made to
adalat which make collection very difficult.
 Later the collectors were made judges and thus collectors became more
powerful, they interfere in revenue collection cases.

 DEFECTS OF JUDICIAL SYSTEM 1787

 A magistrate, the collector was to arrest criminals and punish petty
offences by corporal punishment and not exceeding 15 strokes, or
imprisonment not exceeding 15 days.
 All cases meriting a greater punishment were to be sent by him to the
nearest moffusil fozdari adalat for trial and punishment.

 JUDICIAL SYSTEM OF 1790

 In 1790 Cornwallis tried to reform the criminal justice system which was
following Muslim criminal law system and Mofussil Fauzdari Adalats were
controlled by Qazis, muftis and moulvies.
 Everything was controlled by Naib Nawab Raza khan and who was not
answerable to anyone.
 The salaries of the criminal court judges were very low which encouraged
them to get involved in the corruption.
 Low salaried kept honest and educated people away from this job and
every corrupt man wanted to become the criminal court judge.
 Fozdari adalats did not give fast justice, it delayed the justice.
 Delayed justice encourages criminals to do more crimes. As they do not
fear the law.

 DEFECTS OF JUDICIAL SYSTEM OF 1790

 Lot of work for court of circuits.
 No provision to supervise the collectors, who got unlimited powers.
 Cornwallis understood the defects of the above schemes and He introduced
the plan of 1793.

 JUDICIAL SYSTEM OF 1793

 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.

 They consisted of three English judges which were later raised to

 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.

 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.
Q4. Describe the judicial reforms of Lord William Bentick.

Judicial Reforms of William Bentinck

At the time of Lord Cornwallis, the provinces of Bihar, Bengal & Orissa were
divided into 4 divisions. In each of these divisions a Circuit court was established.
Besides there were 4 Provincial Courts of appeal at Calcutta, Murshidabad, Dhaka
and Patna. Judiciary required reforms because of the following reasons:

 The new territories acquired in last 3 decades expanded the territorial

jurisdiction of the Sadar Diwani Adalat at Calcutta, but it was now too far
away from them.

 The Provincial Courts of appeal were thought to be worthless and a burden

on the administration.

 The people who were in prison had to be kept for months before a Circuit
Court met at district headquarters and disposed the cases. So, the under
trials suffered badly under the Police oppression.

 The entire system was considered too expensive.

 The language of the courts was Persian and it was not easy for the litigants
to fight in this language.

Following reforms were introduced by Lord William Bentinck:

 The first reform done was to abolish the Provincial Courts of Appeal and
Circuit Courts altogether. This was done by a regulation passed in 1829.

 In place of the Provincial courts of appeal and Circuit, the Commissioners of

Revenue and Circuit was appointed to do this job.

 For this purpose, the Bengal Presidency was divided into 20 divisions and

each division was placed under a separate commissioner.

 For revenue cases these commissioners worked directly under the Board of
Revenue and for Criminal cases they worked under Sadar Nizamat Adalat.
  Separate Diwani and Sadar Nizamat Adalat were opened at Allahabad.

 In 1831, another regulation was passed by which the “Respectable Indians”

were to be appointed in the Zilla or City Courts. They were called
“Munsifs“. Munsifs were to be appointed on a salary and they could decide
the cases worth less than Three Hundred Rupees.

 Then, in a separate regulation, it was decided the Governor General in

Council would appoint respectable Indians to the post of Sadar Amins. The
Sadar Amins would hear appeals from the Zilla and city courts.

 Sadar Amin was now the highest Judicial Indian authority. However, neither
Munsifs nor Sadar Amins could trial the Europeans.

 In 1832, a sort of Jury was introduced in Bengal, which was like Indian Jury
(Panchayat) that could help the European Judges.

Results:

 The abolition of the Provincial Courts of Appeal and Circuit reduced the

expenditure of the company Government.

 The appointment of the Commissioners introduced individual

responsibility.

 Police was now less oppressive as the Commissioners would dispose the

cases.

 The Jury system in Bengal (Panchayat) made possible the use of local
knowledge and opinion.

 To some extent, Indians were now to enter into the administration. It was
not tangible at that time, but at least it was a ray of hope for the Indians.

Q5. Examine the causes, nature, and result of the revolt of 1857.

The Revolt of 1857: Causes, Nature, Importance and Outcomes

The Revolt of 1857 (Also regarded as India's First War of Independece) was an
extremely important event in Indian history. It was initiated by the sepoy of the
company which arouses the accumulated grievances of the people against the
Company’s administration and of their dislike for the foreign regime.

The Revolt of 1857 was a prolonged period of armed uprising as well as rebellions
in Northern and Central India against British occupation of that part of the
subcontinent. Small precursors of brewing discontent involving incidences of
arson in cantonment areas began to manifest themselves in January. Later, a
large-scale rebellion broke out in May and turned into what may be called a full-
fledged war in the affected region. This war brought about the end of the British
East India Company’s rule in India, and led to the direct rule by the British
Government (British Raj) of much of the Indian Subcontinent for the next 90
years.

Causes of 1857 Revolt

The issue of greased cartridges and military grievances has been over-
emphasized, as the factor for the Revolt of 1857. However, the recent research
has proved that the cartridge was neither the only cause nor even the most
important. In fact, the multiple causes i.e., social-religious-political- economic
worked together to produce the rebellion.
1. Social and Religious Causes: The British had abandoned its policy of non-
interference in the socio-religious life of the Indians. Abolition of Sati (1829), and
Hindu Widow Remarriage Act (1856). Christian missionaries were allowed to
enter India and carry on with their mission of proselytizing. The Religious
Disabilities Act of 1850 modified the traditional Hindu law. According to it, the
change in religion would not debar a son from inheriting the property of his
heathen father.

2. Economic Causes: British rule led to breakdown of the village self-sufficiency,

commercialization of agriculture which burdened the peasantry, adoption of free
trade imperialism from 1800, de-industrialization and drain of wealth all of which
led to overall decline of economy.

3. Military Grievances: The extension of British dominion in India had adversely

affected the service condition of the Sepoys. They were required to serve in area
away from their homes without the payment of extra bhatta. An important cause
of Military discontent was the General Service Enlistment Act, 1856, which made
it compulsory for the sepoys to cross the seas, whenever required. The Post Office
Act of 1854 withdrew the free postage facility for them.

4. Political Causes: The last major extension of the British Indian territory took
place during the time of Dalhousie. Dalhousie announced in 1849, that the
successor of Bahadur Shah II would have to leave the Red Fort. The annexation of
Baghat and Udaipur were however, cancelled and they were restored to their
ruling houses. When Dalhousie wanted to apply the Doctrine of Lapse to Karauli
(Rajputana), he was overruled by the court of Directors.

Different leaders Associated with the Revolt of 1857

Barrackpore Mangal Pandey

Delhi Bahadur Shah II, General Bakht Khan

Delhi Hakim Ahsanullah (Chief advisor to

 Bahadur Shah II)

Lucknow Begum Hazrat Mahal, Birjis Qadir,

Ahmadullah (advisor of the ex-Nawab of
Awadh)

Kanpur Nana Sahib, Rao Sahib (nephew of Nana),

Tantia Tope, Azimullah Khan (advisor of
Nana Sahib)

Jhansi Rani Laxmibai

Bihar (Jagdishpur) Kunwar Singh, Amar Singh

Allahabad and Maulvi Liyakat Ali

Banaras

Faizabad Maulvi Ahmadullah (He declared the

Revolt as Jihad against English)

Farrukhabad Tufzal Hasan Khan

Bijnaur Mohammad Khan

Muradabad Abdul Ali Khan

Bareilly Khan Bahadur Khan

Mandsor Firoz Shah

Gwalior/Kanpur Tantia Tope

Assam Kandapareshwar Singh, Manirama Datta

Orissa Surendra Shahi, Ujjwal Shahi

 Kullu Raja Pratap Singh

Rajasthan Jaidayal Singh and Hardayal Singh

Gorakhpur Gajadhar Singh

Mathura Sevi Singh, Kadam Singh

British Officials Associated with Revolt

General John Captured Delhi on 20th September, 1857

Nicholson (Nicholson died soon due to a mortal
wound received during the fighting).

Major Hudson Killed Bahadur Shah's sons and grandsons

in Delhi.

Sir Hugh Wheeler Defence against Nana Sahib's forces till

26th June, 1857. British forces surrendered
on 27th on the promised of safe conduct to
Allahabad.

General Neil Recaptured Banaras and Allahabad in June

1857. At Kanpur, he killed Indians as
revenge against the killing of English by
Nana Sahib's forces. Died at Lucknow while
fighting against the rebels.

Sir Colin Final recovery of Kanpur on 6th December,

Campbell 1857. Final reoccupation of Lucknow on 21
st March, 1858. Recapture of Bareilly on
 5th May, 1858.

Henry Lawrence Chief Commissioner of Awadh. Who died

during the seizure of British residency by
rebels at Lucknow on 2nd July, 1857!

Major General Defeated the rebels (Nana Sahib's force) on

Havelock 17th July, 1857. Died at Lucknow in
December 1857.

William Taylor Suppressed the revolt at Arrah in August

and Eye 1857.

Hugh Rose Suppressed the revolt at Jhansi and

recaptured Gwalior on 20th June, 1858.
The whole of Central India and
Bundelkhand was brought under British
control by him.

Colonel Oncell Captured Banaras.

Causes of Failure

1. Some of the local rulers like Scidia of Gwalior, the Holkar of Indore, the Nizam
of Hyderabad, the Raja of Jodhpur, the Nawab of Bhopal, the rulers of Patiala,
Sindh and Kashmir and the Rana of Nepal provided active support to the British.

2. The military equipment of the rebels was inferior. Comparative lack of efficient
leadership.

3. The modern intelligent Indians also didn't support the cause.

Impact of the Revolt

1. The revolt was mainly feudal in character carrying with it some nationalist
elements.
2. The control of Indian administration was passed on to the British Crown by the
Government of India Act, 1858.

3. The army was carefully reorganised to prevent the recurrence of such an event.

The Revolt of 1857 was an extremely important event in Indian history. It was
mere a product of Sepoy but was accumulated grievances of the people against
the Company’s administration and of their dislike for the foreign regime.

Q6. Discuss the causes which were responsible for the origin of national
awakening in Indian.

Social and Economic Bases of Nationalism:

1. Understanding of Contradiction in Indian and Colonial Interests:

People came to realise that colonial rule was the major cause of India’s economic
backwardness and that the interests of the Indians involved the interests of all
sections and classes. The very condition of British rule helped the growth of
national sentiment among the Indian people.

2. Political, Administrative and Economic Unification of the Country:

Nationalist sentiments grew easily among the people because India was unified
and welded into a nation during the 19th and 20th centuries. The introduction of
a uniform and modern system of government by the British throughout the
country unified it administratively.

The destruction of the rural and local self-sufficient economy and the introduction
of modern trade and industries on an all- India scale had increasingly made India’s
economic life a single whole and interlinked the economic fate of people living in
different parts of the country. Furthermore, the introduction of the railways,
telegraph and unified postal systems had brought the different parts of the
country together and promoted mutual contact among the people, especially
among the leaders.
3. Western Thought and Education:

As a result of the spread of modern western education and thought during the
19th century, a large number of Indians imbibed a modern rational, secular,
democratic and nationalist political outlook. The spread and popularity of the
English language helped nationalist leaders of different linguistic regions to
communicate with each other.

Modern education also created a certain uniformity and community of outlook

and interests among the educated Indians. This English-educated intelligentsia
formed the nucleus for the newly-arising political unrest, and it was this section of
the society which provided leadership to the Indian political associations.

4. Rediscovery of India’s Past.

The historical researches by Europeans scholars, such as Max Mueller, Monier

Williams, Roth, Sassoon, and by Indian scholars such as R.G. Bhandarkar, R.L.
Mitra and later Swami Vivekananda created an entirely new picture of India’s past
glory and greatness.

The theory put forward by European scholars that the Indo-Aryans belonged to
the same ethnic group of mankind from which stemmed all the nations of Europe
gave a psychological boost to educated Indians. All these inspired the educated
Indians with a new spirit of patriotism and nationalism.

5. Role of Press and Literature.

With the emergence of the modern press, both English and Vernacular, the latter
half of the 19th century saw an unprecedented growth of Indian-owned English
and Vernacular newspapers. The Indian Press played a notable role in mobilizing
public opinion, organizing political movements, fighting out public opinions and
promoting nationalism.
6. Progressive Character of Socio-Religious Reform Movements.

These reform movements sought to remove social evils which divided the Indian
society; this had the effect of bringing different sections of the society together.
Since many reform movements drew their inspiration from India’s rich cultural
heritage, these promoted pan-Indian feelings and spirit of nationalism.

7. Reactionary Policies and Racial Arrongance of Rulers.

An important factor in the growth of national sentiments in India was the tone of
racial superiority adopted by many Englishmen in their dealings with Indians. The
reactionary policies of the British government were also responsible for the
growth of political associations.

The causes that led to the rising of Nationalism in India is,

 Contradiction against Colonial Interests

 Political, Administration and Economical conditions give rise to situations of
Unification
 Education and Western thoughts
 Rediscovering India’s past through scholars and other resources
 Press and Literature influences
 Discrimination and poor policies
 Increase in Socio-religious movements

Explanation:

 The colonial interests put in the country were realized by the youth of India
that it was not for the progress of the economy instead it stands to
progress the imperial rule.
  By application of uniforms in work culture, people realized the unity
between one another. Education brought knowledge on to distinguish right
and wrong acts.
 Many leaders and influencers tried reaching common people through the
press which iterated the country’s tradition and unity. Many minor
movements originated bringing on awareness.

Q7. Describe the judicial organization system under the British East India
Company.

The Judicial System in India was neither adopted proper procedures nor had the
proper organization of the law court from the ancient India to Mughal India. The
process of litigation in Hindu was served either by the caste elder or village
Panchayats or zamindars whereas for Muslim Qazi supervise the litigation issues.
If there were a discrepancy, the Rajas and Badshahs were considered as the
fountainhead of the justice.

The beginning of Indian codified common law is traced back to 1726 when a
Mayor’s Court in Madras, Bombay and Calcutta was established by the East India
Company. This was the first sign of Company’s transformation from a trading
company to a ruling power with the added flavor of new elements of the
Judiciary. The chronological development of the judiciary system during British
India has been discussed below:

1. Reforms under Warren Hastings (1772-1785 AD)

 Warren Hasting established, two court for resolving disputes –civil disputes
for District Diwani Adalat and criminal disputes for District Fauzdari Adalats.
 District Diwani Adalat: It was established in districts to resolve the civil
disputes which were placed under the collector. In this court Hindu law was
applicable for Hindus and Muslim law for Muslim. If people seek more
justice then they can move to Sadar Diwani Adalat which was functioned
under a president and two members of Supreme Council.
 District Fauzdari Adalats: It was set up to resolved the criminal issues which
were placed under an Indian officers assisted by Qazi and Muftis. The entire
 functioning of this court was administered by the collector. The Muslim law
was administered in this court. But the approval of capital punishment and
for the acquisition was given by the Sadar Nizamat Adalat which headed by
a Deputy Nizam who was assisted by the chief Qazi and Chief Mufti.
 The formation Supreme Court at Calcutta under the Regulating Act of 1773
AD had original and appellate jurisdiction.
 Development of Education during British Period in India

2. Reforms under Cornwallis (1786-1793 AD)

 Under Cornwallis, the District Fauzadari Court was abolished and Circuit
Court was set at Calcutta, Decca, Murshidabad and Patna. It acts as a court
of appeal for civil as well as criminal cases which was functioned under the
European judges. He shifted Sadar Nizamat Adalat to Calcutta and put it
under the supervision of Governor-General and the members of Supreme
Council who were assisted by Chief Qazi and Chief Mufti. The District
Diwani Adalat was renamed as District, City or the Zila Court which was
functioned under a district judge.
 He also established gradation civil courts for both Hindu and Muslim such
as Munsiff Court, Registrar Court, District Court, Sadar Diwani Adalat and
King-in-Council. He is known for the establishment of sovereignty of law.

3. Reforms under William Bentinck

 Under William Bentinck, the four Circuit Courts were abolished and
transferred the functions of the abolished court to the collectors under the
supervision of the commissioner of revenue and circuit. Sadar Diwani
Adalat and Sadar Nizamat Adalat were established at Allahabad. He made
the Persian and a Vernacular language for the court proceeding in lower
court and made English language as official language for Supreme Court
proceeding. During his reign, Law commission was set up by Macaulay
which codified the Indian laws. On the basis of this commission, a civil
Procedure Code of 1859, an Indian Penal Code of 1860, and a Criminal
Procedure Code of 1861 were prepared.
  Development of Indian Press during British Rule in India

. Government of India Act 1935 

 The Government of India Act, 1935 changed the structure of the Indian
Government from “unitary” to that of “federal” type. The distribution of
powers between the Centre and the Provinces required the balance to
avoid disputes, which would have arisen between the constituent units and
the Federation. It also provided for the establishment of a Federal Court,
which was set up in 1937 with appellate and advisory jurisdiction. Its
appellate jurisdiction was extended to civil and criminal cases.
 Hence, we can say that initially Indian law was guided by the custom and
religious book which was over the time evolve to the secular legal systems
and the common law. It is noteworthy that the entire evolution of Indian
judiciary was influenced by the ruling classes. For example- from ancient
legal literature to Delhi Sultanate arbitration, then move to Mughal
arbitration and finally despotic English (British).

Q8. Write short note on Provisions of regulating act.

Background/Reasons for passing the Act

 The East India Company was in severe financial crisis and had asked a loan
of 1 million pounds from the British government in 1772.
 Allegations of corruption and nepotism were rampant against company
officials.
 There was a terrible famine in Bengal where a huge population perished.
 The Dual form of administration instituted by Robert Clive was complex and
drawing a lot of complaints. According to this system, the company had
Diwani rights (obtained after the Battle of Buxar) in Bengal and the Nawab
had Nizamat rights (judicial and policing rights) as secured from the Mughal
Emperor. In reality, both powers were vested with the company. The
farmers and the general population suffered as their improvement was
neglected and the company was only concerned with maximising revenue.
 Lawlessness increased in Bengal.
  The defeat of the company against Mysore’s Hyder Ali in 1769.

Provisions of The Regulating Act

 This act permitted the company to retain its territorial possessions in India
but sought to regulate the activities and functioning of the company. It did
not take over power completely, hence called ‘regulating’.

 The act provided for appointment of a Governor-General along with four

Councillors in the Presidency of Fort William (Calcutta), jointly called the
Governor-General in Council.

 As per this, Warren Hastings was appointed as the Governor-General of the

Presidency of Fort William.

 The Governors in Councils at Madras and Bombay were brought under the
control of Bengal, especially in matters of foreign policy. Now, they could
not wage war against Indian states without Bengal’s approval.

 The company directors were elected for a period of five years and one-
fourth of them were to retire every year. Also, they could not be re-elected.

 The company directors were directed to make public all correspondence on

revenue, civil and military matters with Indian authorities before the British
authorities.

 A Supreme Court of Judicature was established at Calcutta with Sir Elijah

Impey as the first Chief Justice. Judges were to come from England. It had
civil and criminal jurisdiction over the British subjects and not Indian
natives.

Defects of Regulating Act 1773

Drawbacks of the Regulating Act

 The Governor-General had no veto power.

  It did not address the concerns of the Indian population who were paying
revenue to the company.

 It did not stop corruption among the company officials.

 The Supreme Court’s powers were not well-defined.

 The parliamentary control that was sought in the activities of the company
proved to be ineffective as there was no mechanism to study the reports
sent by the Governor-General in Council.

Q9. Write short note on Reforms of 1781.

The Act of Settlement

 The Act of Settlement was an Amending Act of 1781, which was passed by
British Parliament on 5th July 1781 to remove the defects of the Regulating
Act 1773. It is also known as Declaratory Act, 1781.
 Circumstances that led to the passing of Act of Settlement
 Though the Regulating Act of 1773, brought a great level of change both in
the regulation of affairs and judiciary, there were some significant
loopholes which this act failed to resolve. Basically, to remove the defects
of the Regulating act of 1773, the Act of Settlement  1781 was enacted.
 Firstly, some serious issues with the administration of the Warren Hastings
were there. The relevant examples of such issues are Patna case, Cosijurah
Case and particularly the Nand Kumar case where (Nand Kumar was
hanged). These all issues led to a lot of criticisms of administration of
Warren Hastings.
 Secondly, there was a big tussle between the Supreme Court and Governor-
General in Council which disturbed the balance of administration to a great
extent.
 Also, there was interference in the personal laws of the communities which
had agitated the people.
  Also, in the year 1777, a complaint was made by the directors of the
company against the Supreme Court as for them it was difficult to run the
administration. To address this complaint, the House of Commons,
appointed a committee known as Touchet Committee to a do an inquiry
about the administration of Bengal, Bihar, and Odisha.

The report of this committee led to the enactment of the Act of Settlement of
1781.

The Aim of the Act

The main objectives of the enactment of this Act were:

1. To remove ambiguity regarding the few provisions of the Regulating Act

and the Charter this had created the division between the court and the
government.

2. To support the lawful government of Bengal, Bihar, and Orissa, so that

revenue could be collected smoothly.

3. To maintain and protect the laws and customs of the native people.

Key Provisions (features) of the Act

The Act had the following features:

 Change in the powers of the Supreme Court

 The servants of the company which earlier came within the jurisdiction of
the Supreme Court were now exempted from the jurisdiction of the
Supreme Court.
 By the enactment of this Act, the court’s geographical jurisdiction became
limited to only Calcutta.

 Non-interference in Revenue matters

 The court now had no jurisdiction in the revenue matters concerning

revenue, or any act was done in the collection thereof, the government
 now became independent of the control of the court in the matter of
revenue.

 The Shift of Appellate Jurisdiction from Court to the Governor-General

and Council

 The Appellate jurisdiction shifted in the hands of the Governor-General and

Council. Now, the appeals went from Provincial Courts to the Governor-
General in council.

 The Assertion on the application of the personal laws

 This act asserted that Mohammedan law should be applied on the

Mohammedan cases and similarly, the Hindu law must be applied to Hindu
cases.

Impacts of the Act of the Settlement

The major impacts of this act were:

 The act gave superior authority to the council over the court and favored
the council.

 This act made the position of the council very strong so that it could
continue to have a good control over the Indian empire.

 It was the first attempt to separate the executive from the judiciary by
defining the respective areas of jurisdiction.

Still, the Act failed to give a vibrant impact and to remove all the flaws of the
Regulating Act of 1773.

Conclusion

 These to enactment brought many great changes to the system of

administration and justice.it can also be concluded that the Regulating Act
of 1773 laid the foundation of the Central Administration and
 Parliamentary Control. But, there were also some drawbacks to both the
acts which can’t be ignored.

Q10. Write short note on Establishment of high courts in India.

By Indian High Courts Act 1861, the Supreme & Sadar Courts were amalgamated.
The ‘Indian High Court Act’ of 1861, vested in Queen of England to issue letters
patent to erect and establish High Courts of Calcutta, Madras and Bombay.

 The High Courts of Calcutta, Madras and Bombay were established by

Indian High Courts Act 1861.

It’s worth note that Indian High Courts Act, 1861 did not by itself create and
establish the High Courts in India. The objective of this act was to effect a fusion
of the Supreme Courts and the Sadar Adalats in the three Presidencies and this
was to be consummated by issuing Letter Patent. The jurisdiction and powers
exercised by these courts was to be assumed by the High Courts.

Composition of the High Court’s:

The Indian High Courts Act 1861 had also spelled the composition of the High
Court.

 Each High Court was to consist of a Chief Justice and NOT more than 15
regular judges.

 The chief Justice and minimum of one third regular judges had to be
barristers and minimum one third regular judges were to be from the
“covenanted Civil Service”.

 All Judges were the be in the office on the pleasure of the Crown.

The High Courts had an Original as well as an Appellate Jurisdiction the former
derived from the Supreme Court, and the latter from the Sudder Diwani and
Sudder Foujdari Adalats, which were merged in the High Court.
Please note the following facts:

 The Charter of High Court of Calcutta was issued on 14th May, 1862 and
Madras and Bombay was issued on June 26, 1862.

 So, the Calcutta High Court has the distinction of being the first High
Court and one of the three Chartered High Courts to be set up in India,
along with the High Courts of Bombay, Madras.

 High Court at Calcutta which was formerly known as High Court of

Judicature at Fort William was established on July 1, 1862. Sir Barnes
Peacock was its first Chief Justice.

 On 2nd February, 1863, Justice Sumboo Nath Pandit was the first Indian to
assume office as a Judge of the Calcutta High Court.

 The Bombay High Court was inaugurated on 14th August ,1862.

 Indian High Court Act 1861 also gave power to set up other High Courts like
the High Courts of the Presidency Towns with similar powers.

 Under this power, a High Court was established in 1866 at High Court of
Judicature for the North-Western Provinces at Agra on 17 March 1866 by
the Indian High Courts Act of 1861 replacing the Sadr Diwani Adalat.

 Sir Walter Morgan, Barrister-at-Law was appointed the first Chief Justice of
the High Court of North-Western Provinces. However it was shifted to
Allahabad in 1869 and the name was correspondingly changed to the High
Court of Judicature at Allahabad from 11 March 1919.

Q11. Evaluate the role of Mahatma Gandhi in the Indian freedom movement.

 Mahatma Gandhi was the leader who guided India towards Independence.
India was under the British rule for over 250 years. Gandhi returned to
India from South Africa in 1915 at the request of Gopal Krishna Gokhale.
 Gandhi's contribution to the Indian freedom movement cannot be
measured in words. He, along with other freedom fighters, compelled the
British to leave India. His policies and agendas were non-violent and his
words were the source of inspiration for millions.

 1. World War I

 Lord Chelmsford, the then Viceroy of India, invited Gandhi to Delhi at a War
Conference. In order to gain the trust of the empire, Gandhi agreed to
move people to enlist in the army for World War I. However, he wrote to
the Viceroy and said that he "personally will not kill or injure anybody,
friend or foe".

 2. Champaran

 The Champaran agitation in Bihar was Gandhi's first active involvement into
Indian freedom politics. The Champaran farmers were being forced to grow
Indigo and were being tortured if they protested.

 The farmers sought Gandhi's help and through a calculated non-violent

protest, Gandhi managed to win concessions from the authority.

 3. Kheda

 When Kheda, a village in Gujarat, was badly hit by floods, the local farmers
appealed to the rulers to waive off the taxes. Here, Gandhi started a
signature campaign where peasants pledged non-payment of taxes.

 He also arranged a social boycott of the mamlatdars and talatdars (revenue

officials). In 1918, the Government relaxed the conditions of payment of
revenue tax until the famine ended.

 4. Khilafat Movement

 Gandhi's influence on the Muslim population was remarkable. This was

evident in his involvement in the Khilafat Movement. After the first World
War, the Muslims feared for the safety of their Caliph or religious leader
 and a worldwide protest was being organised to fight against the collapsing
status of the Caliph.

 Gandhi became a prominent spokesperson of the All India Muslim

Conference and returned the medals he had received from the Empire
during his Indian Ambulance Corps days in South Africa. His role in the
Khilafat made him a national leader in no time.

 5. Non-cooperation Movement

 Gandhi had realised that the British had been able to be in India only
because of the co-operation they received from the Indians. Keeping this in
mind, he called for a non-cooperation movement.

 With the Congress' support and his indomitable spirit, he convinced people
that peaceful non-cooperation was the key to Independence. The ominous
day of Jallianwala Bagh Massacre triggered the non-cooperation
movement. Gandhi set the goal of Swaraj or self-governance, which since
then became the motto of Indian freedom movement.

 6. Salt March

 Also known as the Dandi Movement, Gandhi's Salt March is considered to

be a pivotal incident in the history of freedom struggle. At the Calcutta
Congress of 1928, Gandhi declared that the British must grant India
dominion status or the country will erupt into a revolution for complete
independence. The British did not pay heed to this.

 As a result, on December 31, 1929, the Indian flag was unfurled in Lahore
and the next January 26 was celebrated as the Indian Independence Day.
Then, Gandhi started a Satyagraha campaign against the salt tax in March
1930. He marched 388 kilometres from Ahmedabad to Dandi in Gujarat to
make salt. Thousands of people joined him and made it one of the biggest
marches in Indian history.

 7. Quit India Movement

 During the Second World War, Gandhi was determined to strike the British
Empire with a definitive blow that would secure their exit from India. This
happened when the British started recruiting Indians for the war.

 Gandhi protested strongly and said that the Indians cannot be involved in a
war that is in favour of democratic purposes when India itself is not a free
country. This argument exposed the two-faced image of the colonisers and
within half a decade, they were out of this country.