Schools of General history writing

Schools for general history writing - Orientalist , Coloialist/imperialist , nationalist ,

marxist , subaltern and feminist contributed history writing in general and legal
history writing .

As geenrla history writing , legal histry writing also started with colonial scholars
works in the 19th century onwards. Initiatives to write legal history into two stages
- 1st stage simply represents collection , compilation preservation and translation of
legal texts.It was all done by colonical official mostly represented the oriental
school. The orientalists believed that India had good civiliazational values .equivalent
to other civilization . Utilatioarian stated stagnant , despotic rulers india had nothing
to offer to humans . Therefore the early intivatioves of ancient and medieval legal
texts .

During 1st stage of colonial rule . 1st stage witnessed introduction of collaborative
efforts by english with natives . They simply adapted with avaiblble political systems.
In the first phase. No centralised ssyetme in political level and judicial level . All in
an amorphous state. In the second state emergence of proper legal history writing .
Not simple collecting and translating legal texts . At this point of time , indian
subcontinents witnessed centralised administrantion . Local to presidency to
calcutta . Calcutta became capital were british passed regulatory act. At this point
utilitarians came to firefront . They started writing history completely different
from orientalist . They thought necessary to civilize Indian population . Lega history
writing by intention/motivation of writers. Whether author belongs to orientalist/
utilitarian .

In the first stage witnessed collection , preservation ………..mostly brahmanical texts

. Especially judges and lawyers in colonial courts to collect preserve the legal text .
Manusmrithi, shruthi , smrithi , customs,

Manusmrithi wastranslated into english in 1776 . The orientalist thought important

legla text orientalist who graduated in england who studies oriental learning at
london . When he was studying cmae under William Jones . After his stidies took
employment in administration of east india compnay worked during time of warren
hasting - 1st governor general of n=bengal . Warren hasting asked to ranslate
important texts - judicial administartion . Manusmrithi . The publish the code of
gentoo laws in the same year - 1776 . Similarly other company officials charles
wilkins ancient inian legal texts . He transalted bhagvad githa in 1785 . Many tried to
transalte during gupta period. Yajnavalikya smrithi one of the important legal text
belong to gupta period. This text gives important ideas how legal system work during
gupta itime what were the important crimes and nishment, custaomary parctises
establised during gupta time and ho judicila administrators dealt with case . Some of
compnay officials by native pandits . First transaltes to german then german to
english . Many officials associated . naratha smrithi - early colonial officials - gives
some idea about distinction between procedural law and substantive law . This text
gives idea between these two ideas which also collected , compiled translated by
many scholars . One important scholar - julius jolly so these two texts preve;ant
duing gupta and post gupta .

The next important contrivbution henry thomas hoolbrook he has been described as
the first snskrit schlar in euroe even before max muller . Firt in europe , who
translated sanskrit to enhlish . His father george hoolbrook was a member of british
parliament and chairman of english east india company in england. Dues to his fathers
influence got employment in english east india company beacme a writer very quickly
he got posts like collector magistarte , one of the council meber at Kolkata he also
serveed in judicial administration . Eiter judges /lawyers or somehow related to
judicial administration . H t coolbrook played a major role in orientalist contributio .
He not only collceted na dtranslated by hindu andits . Among the diegest two
important work - Mitakshara written by vijananeshwara belongs to 12th century AD.
Vijanensawars - Vikramadathiya - western chalukya ruler - vikramadithya 6 . Deals
with inheritance of hindu family member . Another teext dayabhaga written by
Jimutavahana text was colleced in the ealy decades of 19th century by ht hoolbrook
. This text also deals with inheritance among the hindoos . The first text was
orthodox , the second text was progressive or there were later developments .
Severe criticism againt earlier texts and poduced this text - dayabhage , prevelent
during medievl puriod most importantly in bengal . Mitakshara and dayabhaga became
important legl authorities in the hands of english east india company.

Works for william jones

Apart from these they also collected the case laws especially in the 1st phas of early
colonial rule . The lacuna in presenting court proceeding . Early 19th cntury , cour
proceedings became case laws and proceedings for writing legal history . Also helped
writing legal history . Scholars also used to recontruct legal history of india . Many
legal scholars who worked in colonail courts of 19th century . Google books important
books in 19th and 20th century

W h Magnatton - principals and precendents of hindu law in 2 volumes in 1829.

similarly meyers court and high courts in presedential towns punblished its
proceeding . Apart from thes published their own commentaries on hindu laws muslim
laws these all important sources to construct legal history . Ancient mefdieval and
early moder . J h nelson , john d meiyn collected english lawyeres opinion on indian
laws .

1sts stage no new ideas simply adapted already existing . Muslims law for criminal
acts. Based on sources colcted by orientalist , utilitarians and orientalists begun tow
rite legal history. It was not simply legal history . General history and legal
administartion became a part. The best exampes gerorge campbell modern india a
sketch of system of civil govet . Judicial administraton is the pat of this work . Ww
hunte intiated biographical works on indian rulers. How cornvallis contributed to
judcial administration . Writing became a part of elgal history .
01 August 2023

Hunter also talked about judicial reviews of the judges. So in the second stage many
administrators begun to write Indian legal history . One important work , " The
administration of justice in South India " - J.B.NORTHAN 1853 . Practised lawyer
supreme court of calcutta -1774. Professor of law in madras presidency college .
This bok gives the historical survey of compnay courts and supreme courts. Supreme
Court was under the influence of crown all other courts in indian subcontinent by
english east india compnay, supreme court by crown to control its commercial
activities. This book gives the historical account of both the courts. The author
himself gives few words about sources and also nature of judiciary.

Two quotes from the book.

1. All these volumes then are authoritative and to these I honestly entreat
attention as it is from their pages I shall gather my facts.

2. Facts which speak for themselves and upon which argument or inderence
are alltogther unneceassary and thrown together .

Ronkee always argues that historians job s simply account the evenya not to
interpret te events. The principal business is carried by civil srvice who fill chief
judicial . No line of demarcation is drawn between thm and revenue officer is at any
monet to be eligible and liable to be removed from the judicial court . The colector in
their eyes a more important office tha a judge . Short sightedness and igmore , a
collector or revenue officer found incompettent as pitchforked on the judicial bench
.
"1858- Administration of justice in british india - its past history ad present state. "
This book published by Wiliam Morely in 1858. He was an orientalist who practised
law in London and he ws one of the founding membes of asitaic society of london. Also
chronological account of legal institutions . From Roert Clive to 1855. Th eimportant
point about tthis literature is how casete identties got strengthened with ths work .
In 2nd and 3rd pphase when caste identities got strengthened . Caste ad religiou
identities got strengthened during the time of sensus oeration in India. Even
identities came into being in a systeatic way . The indian population was classified
into several group or communities, the brtish subjec, hindus , muslims , indian natives
other than hindus and mulime . 5th and last category anglo indians and chistians and
other europeans . Caste got strengthened under judicial administration of british
cholars . William marley also tried to highlighted different courts and thir
jurisdcitions , different legla ideas between colonialists and supreme courts

Key feature of colonial legal history :

 Enganegement f legal pofessionals - lawyers or judges

 Mere chronological account without connecting society without emohsizing

society or causes and consequences of modern legal ides .

 What were the impacts of new institution and ideas .

 The colonial scholarship tried to how that the early courts were corrupted .

 Therefore they supported reforms and codification or unification of judicial

arrangements. This was why codification was carrie don in 19th century .

Nationalist : they folwowed colonial methodology by uing the sources eriodisation so

foth and so on . They rie to oppose colonial arguments. The best example from k p
jaiswal : Hindu polity a constitutional history of india in hindu times

He wanted to show that Indian societies rae not lacking . Hindu asebie of later
vedhic time and also sanga and gana which existed in post vedic tie and many port
assemblies of hindu rulers these asemlies where not just asembly to tell to te ruler .
Thse were constitutioal boies - framed an implemented laws.

Neelakanda shasthri and others when they rewriting Indias past . The general
history conssted of judicial arrangements. Nela…

02 August 2023

Advent of Europeans in Indian Subcontinent

To trace the discuss the impacts an changes due to advent of europenas and also
discuss various causes for advent of europeans especially portugese and important
facts related to time periods.

• The impacts and changes

• Causes for advent of europens

• Important facts about the advent

1. Impact and Change :

• Abolition of arab traders monopoly - middleman between east and the wast .
RAB TRADERSE STABLISHED THE RELATION BETWEEN East and west since
time immemorial . Even before islam came into being . Islam came into being in 6th
century Ad . Even before organised christainity . Merchants of arabia without any
specific religiosu identity managd to established trade reltons . All the good reach
arbia through midlemen . Ntil mid fifteen century the arbas played a major role .
This arab monopoly came to n end with advent of europens .
 • Domination of european traders . First se route - portuges then secret for
century . Sea route ncame a monopoly . Sea became major route . Land route played a
major trading oruts and finally the transformation of agiculture and commercial
economy . Prior to this agriculture produced food grains . Commercial agriculture
came into being . Major goods exported to europe - silk , clothes , spices , ginger pper
clove . When british entered the major goods were - cotton , salt petre, indigo , tea
and coffee , pearls . " In those days there was no coffee " -book .

Politics and society :

• Establishment of colonial governemnt : primary goal of colonial governemnt is

economicl exploitation .

• Spread of Christianity : It accelerated after establishment of european

companies . Especaily after 1813 .

The chart act 1813 granted permission for protestant christian missionaries
to enter british settlemets . Prior to 1813 christia missionaries entered all other
settllements other than british .

• Influence of European Culture : European culture steadily reached Indian

subcontinent . Noww courts and other institutions which came into eing during the
colonial period .

Causes for Advent of Europeans ( K M PANIKER - VASCO DA GAMAS EPOC)

• To find out sea route - east was connected to west thorugh land . The
constantineople was capture by ottoman turks , the netire trade got affected . Now
islamic state imposed may restricteions . They begun to collect taxes which cost the
trade connection between east and the west including portugal tried to find out new
routes . England tried to ind new route through rusia . Why portugal ame ? - economc
condition and geographical lcation . Prtugal was dependent on food grains from other
countire . Portuagl was very poor country compared to other countr . They had vry
simple fishing boats . When england started to establish its trading connection with
east , england purchasd large vessels from portugesse.

Crisis in feudalism : when establishing teritories in west and east africe some slaves
became ne land lords . Especially territories manage by portuges in north africa .
They controlled north and westen africa ehre they got gold and manpower tis helped
to carry out ther dicvery . Renaissance also promoted long journeys . Portuges ruler
first henry start navigtn school to give education about seas .

• Exploration promotted by renissance

• Conflicts betwween christianity and islam

When the euroeans began to appear in india during the time of delhi ulthanate

By the time south india was ruled by the Vijayanagar empire

The portugese were the first who reached Calicut in the present day Kerala

The portuge were followed by dutch , the danes , the british and the french

Afte the ecline f vijayanayagr empire there no powerful ruling dynasty to check

Upto medieval period the important goods were one spices and two gold . Spices and
christians .

Portuges colonil Enterprise

• Vasco da gama and finingof sea route - he satrted in 8 july 1497 . Patronized
by kind emmauel . Four ships - san gabriel . He sold spices with a huge profit . He
returened indian subcontinent second time with 33 ships and 1500 men . When he
returned in 1501 in Cannanore .

Portugese Governors and thie initiative

De almeida : mitain setlement

it was albuquerque who was determined to esblish new facties and start portugal
settlement in India . He manged to capture goa from 1510 from sulthan of gujarat .
After this goa became headqueters of all portuges territories . Albuquerque
encouraged marital relatin between native ibdian and portuge . Potruge asked toarry
muslim woman . Increased vommercial activity .

Why setled - indian rulers very weak . Portuges interested not develop their trading
activity scindy religious activity . Hey also converee many indians to christianity .
Firt witnessed oassing so many rogressive laws especially wonan . Secret disabled
them to extent their territories in india subontinent . In the nd portuges retaine
three imortnt settlements gos , daman an diu

FAILURE OF PORTUGE

ABSENT POWERFUL CICEROY ALB

COORUPTED PORTUGES ADMINISTRA

RELIGIOU POLICY

ETABLISHMENT OF MUGHAL EMPIRE

INSUFFICIENT RESOUCE F PORTUGAL

PORTUGAL UNDER CONTROL OF SPAIN

TE RISE OF DUTCH ,

03 August 2023
English East India Company Background

Dutch merchants were part of many sea voyages especially last or late 16th century
which resulted death merchant sailrs to know about the sea route . Dutch
established trade connection with east . Through dutch english also came to indian
subcontinent . To understand religious condition in europe . 15th and century europe
was turmoiled with religious turmoil . There was a clear cut religiou diidde - catholics
and protectants . Portigal and spain - catholic . Dutch and english - protestant .
Religious divison overshadowed economic conditions . Like other counrties like
portugese na dutch the english also was trying to establish trad connections with
europe . I the initial years dutch helped english . In later period the dutch became
the important rival of english . The other events which took place in europe and other
african countries attraceted english to establish trade connections with east .

Europe thought east was so rich and fabulous well being - 15th century and 16th
century Until 17th cetury india and china alone contributed 70 percent of world gdp
. 25 percent contributed by india . Rest 30 percent by all other countries . When
english left india the contribution was less than even 1 percent . So the europe
wideley believd in 15th and 16th century that east was so rich . The nglish victory
against spain.

So englsh got victory againt in spain 1588 in africa . Inorder to estalish colonies in
africa europen countirees fought against each ther . Both spain nd portugal were
imortant event . The eath if philip 2 the most important king of europe . Thi
established english to esblish trade connections between english and east . They
thought it ws easy to establish trade route via rusia . At the same time portugal
established sea route . English were in sea voyages with the dutch . When they were
thung of sea voyages a group of merchants from lindon fromed a company called
lavent company throught thei company they intited the early voyages . By the time
the India was ruled by great mughal ruler Akbar . English wanted to reach to the far
east archiplago a group of 25000 iland s the dutch already reched archipelago as this
was a major region that produced spices . The early voyages ried to purchase spices
.

When theyr eached archipelago the dutch welcoed english in te firs two voyages ,
the thir viyage there was a clash . The presence of english would defeat their
economic and trade interest . Though dutch and english belonged to same religiou
side the econoic interest disabled to eslomne the english , after that engli directed
teir attention to idian subcontinent . The englih also felt tht trade compettion waas
a compl x one . To establish their presence the companys hould reorganize their oe
copan . More than 200 mechants from london approached queen elizabet to grant
acharter inorder to carry put trade with east .

English east india company formed 1599 . More than 200 traders and erchnts . All
becae share holders which resulted in the formation of joit stoj company. First
privte orportation . Initial capital was 30000 ponds . Elizabeth 1 st got the chrter .
According to charter english east india company got permision to trade for 15 years
with the east . After 5 years reviee the charter . Fitrt voyage 5 ships along 460 men
wre involved . Small couastal village in south east london urwhich where the voyages
started . First voyage in 1601 . When first voyage started it was by james langaster
under his leadership or guidance five ships sarted sailing towards east . James
langester carried 5 letters from queen elizabeth to resent to local rulers in the east
. The english first voyage took roughlu 18 months to reach east to reach archipilego
region . On the first viyage they abandoned ship , around 200 men dies and rest
reached archipelago . In 1603 they returened to englnd with 10,000 pounds of epper
. Theys old the pepper through which theye arned huge profit about 200 percent of
profit . Clash between english and dutch that force dthem t attain their attention
towards india .
The dutch helped them to buy ships . Though they got profit they did not get
anything as byuying ahips were a hard job . In 1507 they started building their own
shio which again craeted employmnt opportuities for english . Hip buiding created
mployment fr english . Cotton . Export of cotton lead to industrialization eof england
brth of labour class it is also elated with women liberation . First time in world hstory
women came outseie their home . The first voyage in 1608 the english east india
comays recahed surat . Surat importnt port ity through which mughals also carried
out trade . Oerhwlimg presence of portuag l and dutch posed serious challenge to
europe . William hopkinsstruggled to reach mughal court . Howerever he aaged to
reah mughal court in agra . Jahangir welcomed hopkins . Very quixkly hopkins became
friend of jahangir , sir thoma s row reachd the muhal court in 1612 with anoher letter
from crown . Ual emoeror gave wlcomes to thomas roe . He also failed to get
important ersmission . English allowed to get tading centre I suract . Surat became
imprtant in western coast .

04 August 2023

Early English settlements in the Indian Subcontinents

English factory - we are using the factory to refer small portified settlement to
store the goods before sending to england . Warehouse where purchased goods were
stored . The english east india compmpany did not get any rights by mughals . Their
attention turned towards coromandel coast . This was an important consequences of
this failure . The english east India turned their attention to establish the
coromandel coast with local rulers the territories not rules by mughal rulers. Who
controlled coromandel ? Deccan rulers. Two important - vijayanagar and bahmini
kingdom . Both the baini and vijayanagar they fought with each other to establish
complete power in western region . Especially after the battle of thalaikotta
vijayanagar came to an end . Vijayanagagar split into 5 - golconda , muslim sulthans
practically controlled the northern portion of coromandel coast . The southern part
controlled by local rulers . The local ruler were provinicial governers . Like tanjavore
, senji . The north coromandel coast was unde ontrol of muslim rules middle part -
hindu - chandragiri . The local rulers welcomed the english and granted permission to
establish factories.

The south indian rulers fought with ecah other so to support they wanted britihs . In
the medival period the arb traders were there . Horse trade was very important .
Without horse army cannot succeed. Even barbar came with horses and gin powder .
Horse trade important in meieval period . Even pandiyan rulers dependednt on mughal
traders to get good hrorse from arabium . Arab merchants monopolised hore trade .
While they traded some horse died in sea . So they compeeled local rulers to give
money for the horse . They wanted to replace arab merchants with english . In
return they asked god horse from english . Thy also asked military support to defeat
neighbouring rulers.

The english east India company first approached sulthan of golconda to establish
factory on the coromandel coast . In 1611 the first factory at muslipattanam like
surat on the west coast . Musipattanam played a major role connecting indian
subcontinent from another country . This was the first factory in the Indian
subcontinent . In 1626 , after a decade , the nglish again appealed the same sulthan
to establish factories at Armagaon very near to Pulicar north of Madras . Unlike
Muslipattanam Armagon was not famous to carry out their trade . It was coastal
village where he major manufacture was salt production . It ws the good place to
establish a link between mrchant of english . In 1633 , the same sulthan gave
permission to carry out free trade on the coromandel coast especially the territoy
nder the control of golconda ruler . The armagon was not useful . The englsih tried to
establish an important settlement on coromandel coast . They approached the raja
of chandragiri . The englisg got / bought the small territory . Th english got in the
indian subcontintent - madaras pattanam or chennappa pattanam . The chenappa
nayikkar granted the permission . THEY Bought because the other settleemnets did
not belong to english east india company . The english bought a small territory which
later developed as madras cty . They immediately built their own fort and named it st
george fort . Through this establish fransic dey . St george fort became important
establishment of british . In 1650s madras waas elevated to the status of
presidency . After te amdras settlement osme other settlemt also came into being
1687 - cuddalore . Forst st david was bilut in 1689 .

Gradually madras settlemet began to emerge . The first village to annex to madras .
Then egmore and other village . Thiruvallikernni . Then later many other villages -
mylappore , thyagaraja nagar etc . When many villages were annexed the english east
india company came with the idea that - the first corportaion in india was madras
corporation came into being in later 17th century peiod .

Bombay and Calcutta settlement

Revision - The english east india company tried to reach out the heartland of mughal
however they failed to reach out the heartland like agra , bengal . Bengl was one of
the important provinves of mughal and very wealthy province . The english east
india company tried to reach out to hearland . They tried to reach out to territories
.

Different events enabled the establishment of factories . How portuges reached

indian subcontinent ? When vasco da gama established three settlementd -
kannanore , cochin and calicut . When was goa captured ? 1510 . By albuquerque the
able viceroy of goa . So after this goa beacme the headuearters . The
successorsmanaged to establish some headquearters in western and eastern coast -
muslipputtanam , thoothukadi, nagappattinam , pulikkat became portugeses
sttelement .
Bombay was captured little latter . First settlemet was surat . Even mughals used
surat as chief trading centre . Therefore surat very important place for mughals and
european companies . Portugese estblished centre . Commercial interest of portuge
did not allow english to establish settleemt. The portugese began to acquire some
places on western coast . Especailly a place called bashin . Bashian was asmall
coastal village , after capturing this place especially 1518 , the portuge managed to
establish its ilitary centre . It was also important the portugese began to buid their
on ships in bashin . The ship buiding was also carried out . The portugese approached
the sulthan of gujara . The sulthan of gujara controlled all western territory upto
coastal region . Finally gujara sulthan accepted a territory between guarat sulathan
and portuge . Treaty of bashian - 1534 . They negotiated with gujarat ruler and
they reached atreaty in 1534 known as treaty of bashaian . Due to the treaty the
portugese was given power to expand the teerritory . Until 1661 , bomby was a small
village without any importance . Bombay became important city under the british not
under the portuges , the british also tried to get settlement on western coast .

17th century early voyages tried to engotitate with mughal rulers . Jahangir did not
gave permission to allow to establish settlement , the second voyage reched surat
this was led by thomas burst . In 1612 . When he entered surat , the overwhelming
presence f engish in surat . Two englishmen were cptured by the portugese . Two
wnglishmen were arested by portuge whih led to small battle between english east
india company and the portugese . This battle took place in a small fishing village
called swalley . This battle also known as battle of swalley . The english east india
company got victory over portugese . Thi enabled mughal ruler to support englsih .
Because he thought portuge were strong . Jahangir thought to support english .

Portuge first stated policy of non interfence but they realised b=no gain out of it
. So they started to inrveene . Thye wanted to control even the revenue . Thi
happened exactly after 1526 . Upto 1526 , the policy of non-interfeerence . The
native officials lost their interference . The impirtant consequence of battle of
swalley was tat mughal thought english east india company . After the battle english
also tried to establish their settlements . The point here is that after battle of
swalley the english got some opportunity to appoach mughal ryulers . Bombay came to
english in different way . The marriage between the king of england charles 2 ad the
portugese queen catherine enbaled englisg east india company to conrol over ombay .
In 1661 bombay was handed over as dowry was given to king of engalnd charles 2
along with other rights. After some time english monarch found it fifficult to control
bombay . At the sae time he wanted to spend more money . He handed over it to
english east indi company already present over indian sub continent . The small
territory wa sgiven to english east india company . After acquiirng small territory
established setlement and established fort . They were asked to pay 10 ponds as
annual rent to him . So immediatley after this the english est india company relatised
the strategical importance of bombay . Hey wanted to etblish business, military
settlements to compete portugese enterprise . In 1687 , bobay became the
headquarters . 1650s madras headquarters . The engish eats india company had
nothing to do with bengal province time .

English tried to reach eatsern india since early voyages . They eere just waiting for
entry to ehle of bengal . The assam . So they were just waiting for appropriate
situation . One fire incident in the mughal palace changed the history of india.
Jahanara begum a favourite daughter of shah jahan was burnt . Good doctor for
tretment . Finally his minsiter one doctor in bombay . Gabriel - they approahed
doctor an he gave treatment . They asked trading rights In east . Hooghly , balasur ,
odissa were some of the important settlements and factories a small fortification -
many buildings to store the . The facories consist f may buildings , administrative
buildings which als included church . The englis offivcials which enabled the
development of white city and balack city . The english gradually entere into bengal .
First important settlemesnt in bengal . When theye netered into bengal dutch
already present in bengal . Howerve the dutch who were presnet in bengal was
defeated by the britis . aurangaeB also gave permission to the english east india
company to build a fort at Calcutta . Calcutta at this point of time was a coastal
village and given to englsih east india . In 1696 a fort was also build called fort william
was also built. When weak rulers came to power they also garnted lot of power . In
1717 they garnted the right to free trade in bengal . So bengal began to merge
another rimportant presidency in indian subcontinent . Bomaby , madras and bengal .
The french beacme a major rival of englsig east india company . They defeated dutch
. The managed to deafeat portuge in battle of swalley . French bcame a major rival to
britsih.

Political supremacy in Indian Subcontinent

Two battles which changed

First battle in 1757 : Battle of plassey

Second : 1764 : Battle of buxar

Why english east india company transfromed from trading to political soveriegn ?

5 ideas

1 - the insecurity caused by the collapse of mughal empire .

The relationship between state and trade . Without support of state , trade cannot
happen in a proper manner . The indus valley civilization were trade was primary
economic activity . If u tae any empire in indian subcontinent , one way or other they
suported trading activities. Therefore early 18th century after 1707 , by the time
auragazeb died , yhe rulers who came to power were weak . Therefore the insecurity
among europenas englisish traders .

2. Arrival of rival english traders : french was late comer . There was many
battles beteween english east india aompany and french in 18h century . Inorder to
defeat french the company officials felt that it was important to capture political
power in indian subcontinent .

3. Engaland faced issues because fo reign of boolan. They began t lose amount
of boolean in engalnd . This forced british parliament to take necessary steps and
resstrictions on english east india copany trading activities. They find a new wayto
tackle this issue. They very quickly found out that acces to indian revenues was one
major solution to the problem . Inorder to access revenues they wanted to capture
political power.

4. Those running private trade was interested to apture private trade to eun
their private interests. Often the private trade of copany officials disturbed the
company trade . Inoder to protect private trade they intent to capture political
power .

5. The english east india company relationship with local rulers. The golconda
rulers were given support for arms . Many rulers approached for military support .
The englsih east india comoany intended to maintai their own army . So they need
money . For which they wanted political power,

Battle of Plassey

The english east india cmpany tried to reach out the ebngal province since 17th
century . However they reached down to the end of the century . In 1692 aurangazeb
, the last great mughal rulr granted permission to establish a trading centre in
Kolkata . This was the first tie kolkataa ws occupied by east india company . Later
aurangazeb gave zamindari rits in 1698 over kolkata , sulthanmitti, goindpur. Later
these three were merged together wich led to emergency of kalcatta city . Zamindar
was tax collector and also supervise the law and order in their own respective areas
known as zamindari area. No english east india company got rigt over three vilages.
The zamindars to perform their duties they are permitted to tae 1/10th of salary as
their tax. Now they turned to amindar . At this timethey had foru important
steelments in bengal province . Hooghly , kaazinbazar, balasore and calcutta. Since
auragazeb gave permission . This were four important settlement .

In 1717 after death of aurangazeb farooq sayyir granted farman right a trading
right . Farman right means - custom free trade both import and export throughout
bengal . I return , the copany was sked to pay 3000 rupees anually . So along with the
farman there were 38 villages to english east india company , no zaindari rights got
widened to 38 villages.

Bengal was one of the important provinces of mughal empire , it was a rih province .
Geograpically a big territory consisting of bihar, orissa, bangaladesh and wes bengal
and some part of assam . 1/4th of whole india. The mughal gvenr o nawab
administered the entire province and periodially sent revenues to the mughal empire
. In the erly 18th century Zujauddin Muhammad was the governor ornawab of benagl
. Murshidabad a town north of kalkautta located in misse of present west beng m.
murshidabad ws th headquarters of nawab administration. He was succeded by
aliwaddi khan . He adminitered entire province till 1756. he maitained good
relationship ith english and other european comanyies. He did not allow european
compnaies to exapn their territories or build fortifications. In 1756 aliwathi ghan .

His grandson sirajuddhin daulah came into power , but english waited for situation .
Sirrajudin dualah became govenre they increaed sttlemeent and build fortification
in and around calcutta. This news reached nawab . This is the time free trade rights
were misused by private traders. Inorder to settle the issues and to restrict
expansional activities. Sirajjudin daulah captured the important settlemet especially
calcutta. Howell he claims that when sirraj uddin daulah captured calcutta
sttelement h cptured 156 english men and put into one room due to suffocation
around 120 died. Only 23 survived . There is no indian account on black hole tragedy
only the english . Very quickly it spread to other englsih settlemets they now wanted
to retaliate the army of sirrajudaulah and encouraged english to fight wit nawab of
bengal .
Robert clive fro madras setlemets already emerged as hero of carnatic wivers . Many
english colonels were sent to calcutta. Very few soldiers in calcutta settlemes. After
calcutta setlleemsnt especilly rbert clive made a conspirancy alliance with some
iportant officials of nawabs administration. Roy durlath the traeausre of nawab of
bengal , mir jafara , army general and jagath seth , one of the importanat bankers of
bengal . All these three joined english east india company to defeat the nawab . The
secret alliance between english east india company and other indians enabled them to
defeat the english army . Robert live was leading an army of 3000. nawab of bengal
consisted more 50000 soldiers. Both the armies met on a place called plassey near to
hoogley river in 1757 . In middle of the battle mir jafar left the battle field . Later
he joind hands with english eat india company to defesat the nawb . Based on this the
battle of plassey came to an end .

Consequences :

The english east india company emerged as a recognisible political and milary power in
bengal

Mir jafar became the new nawab of bengal . He gave some territories to englsih east
india company . One important is 24 burqaana given to engish east india company . He
agreed to give 1 crrore rupees to english east india compay . Robert clive alone got
more thsn 3 lakhs rupees from mir jafar . The battle brought not ony prestie but also
straentgth . Its not progressive policy and modern institution they were formed by
conspiracy alliance and the cheat .

09 August 2023

The second battele . Compared to battle of plassey , battle of buxar is important to

understad nature o transformation . Through these battles we can undeertand hw
english east india company were clever to set one native ruler againt another. The
important consequences of battle of plassey :

The english east india company became political amd military power in india. The
battle of palssey ;

1. Siraj udaulah who opposed english east india companys expansion was killed
and mir jafir becem nawab .

2. English got some territories in bngal

3. They got money from native people.

When mir hafar became new nawab he was not a capable person to rule bengal
province. Simply he baecame a puppet in the hands of englsi east india company. The
powers were transformed to english offcils which resuled in bengal province . Many
rebellions in bengal and bihar. Most of the rebellions supported by local zamindars.
They also supported the rebellions in bengal and bihar . A huge amount of mey gave to
english east india company which resulted in new txs in bengal provinces. Thebengal
peasants got affected. To understand thes ituation from lakshmy subrahmanyam

What followed was a reign of plunder. Immediatley after the war the engish army
and navy received hefty sum of 2 lakh 75 ooo pounds for distribution among
members. Aprt from that the following years company received 2.2 crores. The
company received 22.5 million rupees from mir jaffar and live acquired a personal
jagir. He became a jagirdar. Robert cive acquired personal jagir worth of 34,567
pounds. Most significantly the post plassey scenario completely transformed the
trading scnarios of company servants who enjoed unlimited freedom to float all
conventions by cheap , sell dcommodities.

This created chaotic siuation in bengl province . The zamindars also joined hands
with people who revolted againt the state . Under these circumsatnces few more
people contested against the throme .mir qazzim , the son in law of mir jaffar . He
metthe english east india company officials he made secret treaty . According to the
treaty , the english will support mir qasim . In return mir qasim will give three
important districts- chittagong, burdwam . Apart from these the british or english
east india company already in war with the french . Anglo french war frced them to
generate revenue. When mir qassim came and asked their support the english readily
accepted. After secret alliance between mir qasim and engis officials they
approached the nawab and giv the throne to son in law. But mir jafar refused which
resulted in a chaotic ituation and they were ready to wge a war and they simply quit .
He took shelter in calcutta. Mir qassim became the new nawb without any opposition.
[1:38 am, 09/09/2023] Helen Thomas Tnnlu: Mir qassim shifted from murshidabad
to monghihyr near to patna. The distance between calcutta and murshidabad was 200
km . He further shifted to north west , now distance is 500 km.

He realised the situtaion especially the problems associated with private trade. This
issue was not settled down under mir jafar. Without settling the oissue with this
issue we cant move forwar . Shifted capital from murshidabad to mogheyr .
Suppressed the rebellion by ssuppressing those who supported the rebellion that is
zamindars. He arrested rebellious zamindars put into prison , he reorganised the
nawabs military exspeciallya fater battle of plassey . Most importantly he aanted to
introdce refors based on western militay culture. The fourth step was that the
nawabs officias , he removed all oficials in close connection with english east india
company were replaced with new officials /officers. To check the private trade of
englsih east india company trade . When nawab started proper checking of trade
englsh officails revolted against against the anwab officals.

Salt petre , opium ad tobacco was imprted. Many check posts were created
throughout trading routes both waterways and landways. Estbalishingcheckings
tatsion also frustated english officials wh carried private trade. Mir qassim
introduced suitability of taxes suitable for englis and indians . Now english traders
askebto ay taxes and custom duties. Now the nawab also instructed the peasnatry of
bengal he asked to avoid any direct contact with english private traders. Craeted
animosity among english private traders which resulted a second round of warb
bteween english east india a=coanya nd nawab of benggal .he got support from oudh
and mughal ruler. Mughal ruler did not play any role in first battle . He wanted strong
alliance against english . The nawab of oudh was not interested. He managed to
persuade to bring him to war. Ome amount of money and territory will be given to
nawab of oudh . The mughal ruler sham alam 2 with limited sourcaes like bengal many
provinces stpped giving revenue however slliance was formed sujab uddhaulah , sha,
alam 2 mughal emperor and mir qassim 2 fromed an alliance against the english east
india company . No the position of english east india company was better than the
first battle. Now alliance was ready to wage war against englih east india compny .
The esecond war took place in bihar. This war took place in small otmwn in buxar. The
english east india company again formed conspiracy with second level officils of
nawab of owdh inoved in the alliance.

Apart from these native officials in bengal , like jagath seth and razakan also gretly
spported with money power and musle power. Again english east idia company got
victory and treaty was signed between the alliance and english east india company in
1765 - traety of allahabad. According to traty mir jaffar onec again became the
nawab of bengal . Mir qassim was killed in the battlefield .the important
consequences was deewani right given to english east india company. Now englisgh
east india company beacme dewan of bngal. Bengal , bihar and orrisa came under
english . The whle province now came undr english eat india company te company
became deewan. The british residents wer created in murshidabad and lucknww. Now
the british resident became the authority. Te people who suppoerted engkish east
india comoany got promoted. Raazakan beacme naayak nazeem importnt minsiter
under nawab .

The other impotant consequence was nawabs army was resolved.

Stages of colonialism and colonial state .

Bipin chandra adopted marxist method of history writing through analysing mode of
production or material culture.

Even the word colonialism was modern origin. Colonialism the word try to mean that
economic exploitation of resources of a particular region/teritory/county or state
to support particular countries. Through englih east india company indian resources
were drained.

A particular section called cathalists benefitted from this exploitation. Exploitation

is the core idea of colonialism.

1. Under colonialism , Indian society ,economy ,polity witnessed fundamental

changes.

2. This transformation was not a complete transformation. It restricted or

limited in many ways.

"Colonial iterests policies, the colonial state and its institutions , social class
structure , culture, ideas ,ideologies and historical peronalities are to be seen as
functioning withi the parameers of the colonial structure. "

No good and bad they acted within time periods, within the parameters of the
colonial structure.

3. Colonialism could be classified into three stages.

1. Forms and patterns of Indias subordination

2. Changes in colonial policies culture idea and ideologies

4. The origin and growth of indigenous capitalist class in india was positive
aspect of British rule.
 Three stages of colonialism : During the colonial time , Indian polity,economy
was connecte to world capitalism and Bipin Chandra also argued that the nature of
developmenyt in india under colonialism was the development of underdevelopment.
Indian polity,economy was conncted with metropolitan cities of capitalism.

The first stage starts from 1757 and ends in 1813 - The iportant
characteristic in first stage

A. Period of monopoly trade - English india company got monopoly trady rights.
They were only allowed to trade between england to east.

B. Direct appropriation revenues. The company also collected revenues from

Inidn territories and beacme ewans . Appropriation of revenues were done. At this
stage they purchasdfindshed goods, manufactures goods, spices and clothes wee
transported to england . People of engalnd purchased manufactured goods from
india.

C. During the first stage they followed the policy called the non-interference.
They wated to act as Indian rulers.

Regulating act 1773 - centralised administraction. - Warren Hastings - simply

adapt - first ggovernor general of bengal - non-interfernce. The orientalist thought
they have to study from indians.

D. They married Indian wives and this resulted in Anglo-Indians.

The second stage of the Colonialsim started in 1813 Charter Act - the important key
feature was abolition of monopoly trade of English East India Company. The second
stage ends at end of 19th century . Late 19th century it ends in 1880s . The
important change that took place
11 August 2023

10:38

First stage 1757-1813

Second stage 1813-1880

Third stage -1880-1947

First stage also withnessed prohibition of christian missionaries to enter into british
territory . While they freely came ad settled in . Until 1813 christina missionaries
where prohibited to enter. This does not mean there was no missionaies. Some
entered through portugese, french dutch settlemnt took employment in english
east india company. Some moissionaries without revealing they were missionaries
entered into british India. During the second stage, the english east inida company
had a vast territory in Indian subcontinent. They already eliminated french and
other european sttlements.

The portuge power was restricted to few area.

So english east india company emerged as major europen trader . They also captured
many territorie from local rulers. They suppressed polygarphs at the end of 18th
century and established their control over entire tamil nadu . They had wars with
Mysore state. The other territories associated with mysore were taken over. The
three settlement - Madras , bombay ad Calcutta. The settlements were greatly
epanded through various policies and wars. The wars between english, mysore state
and how the polygarh was settled. In the second stage , english east idia ocmpany had
vast geographical area in the Indian subcontinent. They already established powerful
administrative suystem . Systematic administration in all fields. Which enabled the
transformation . Inorder to sustain colonial rule they begun to introduce many
changes.

During second stage , the colonial administartora came up with new theories and
ideas. To fulfill new needs in secod stage , there were many policy makers. A group of
scholars called uilitaies. Utilitarieans begun to take many important positions.
Administration in india subcontinent as well as in London. All communication of indian
subcontinent went through james mill to parliament . Overwheliming presence of
utilitarins in secon stage eeld to majore the second stage withnessed introduction of
modern education .

In 1813 , the charter act abolished monopoly rights through which many private
traders alloed to trade with India. They were allowed to buy estates. Establishment
of tea estates coffee estates in India. Issues between native indians and european
merchants. To regularishe overwheling presence of europeans was forced to tae
some measures.

There were ome chages in england in the end of 18th century . Industrialistion in
engand also changes he nature of relations between english east ompany . English
eats company trnasported finihe goods and manufactured goods. In the sceond stage
inida became an important colony to exort raw materials . Beginning of cotton
production in large numbers. Thy were forced to cultivate colony . The beginning of
commercial crops in ariculture. Now rive trars and english eats impony exported
cotton and other raw materials . The modern education halped to create more people
to help administrative needs.

The first railway connection was filled in madras presidency connected red hills
chenni and madras harbour. Its for goods. Second stage private traders and english
east india company facilitated english trage in ngland . They came with a new theory
that primary goal of colonial rule to civilise ad educate indians.
How goig to civilise ?

Both law and governent palyed a major role in civilising inidn people\

To civilise people many trasportation and communication waas established. To move

the army so fast and easil. To control the inian subcontinent. The sceond stage begun
to chage in 1880s.

Establishement of Indian National Congress in 1885 . No platform for indian opinion

. In 1885 indian national congress was established to state the opinion of Indian
revolts.

Thri stage esablishment of Inian National Congress. Now the natur of trade also
begun to chages. Purchasing and sening to london and again imporing In india. The
Indian subcontinent was not a terriory that send the producst but market to
purchse the finished goods. This long process was not benefit for private merchants
and owners. In 1880s private traders started establishing copanies. When railways
was introduced in 1850s so the modern railways ad other communicative sustems
were estblishes by capitalists . So I 1880s estabishment of may inductries. Even
thou they established railways , they exported many items related to indian railway
fom england . They establishes textile factory, sugar factory, leaher factory , direct
funacil investent ahppened in idnia.

The indian capitalist class also state to emrge at the end of 19th century or early
20th century. The Inidans were very familiar in one indusry i.e. textile especially
bombay and madras. There were early intaiives by english , many indians ame forward
to establish textlieindustreis whih resulted in emrgence of new calsse I india ,
cpitalist class and labour class. The colonial ule in idnia going to change the polity of
idnia subcontinnt drastically .

In england after establishment labouring class came into being and demanded rights.
In india even befoe abour unions laour laws came into a being in indian subcontinent.
Now indian national congress begun to represent inidan natives they often demanded
thr shre in th government. They demanded administration in colonial aministration
and representation I assemblies.

The Charters:

Chrater means a written submission from a soverign granted to someone who wnt
tocarry their own business. Charter means issue by the crown . Charter act men
spassed in the british parliament. In the first phase parliament did not involve. Until
1773 , the british parliament did not incolve any matters related to english east india
company . The first charter granted in 1600 .

A grou of merchats approached the crown elizabeth 1 to carry out the trade with the
east i.e. africa and other asian countries especially where christians were not in the
ruling power. Non christian rulers. Establish with non christian states or territories.
This very charter one can trace the companies power, privileges and constitution
from vey charter 1600 . The cahter granted permission to carry out trade with east
for 15 years. The company needs to rnew after1 5 years.

Apart from the company noone from england was agreed to carry put the trade. If
anyone ha o carry out the trade they have to approach the company and not the
crown . Even though priavte traders were allowed.

Court of directors - committee consisting of 24 mebers - tenure one year

East india company had - 200 shareholders

In 1661,1726 and 1753

The legislative power was given to the company to contol servants working the ships.
In 1600 english east india company has rights to giveb small punishments, simple
imprisonment etc.

The company got legislative power to frame their own rules and regulations. The
punishments they had given were simple punishments. According to english law
punihments were given

Major lacuna in 1600 charter was that the company did not have right to give hard
punishments because of this there were rivalries in the sea and which even resulted
in murder.

The court of directors apepaled the crown to give powers. More charters were asked
for more powers.

Charter 1661 - The 1661 charter ,

First and foremost the english east india company managed to establish settlements
on the eastersn coat of indian subcontinent , surat , mururipattanam, madras,
arnaham . According to previous charters the company had rights to dela with issues
of their own servants. The english factories consist of official buildings, army camps
and number f warehouses. The native indians dealing with english . The company
appealed the crown for dealing with native indias. It was the charter act 1661 ,
charles 2 granted more powers . According to owers english east india company
officials governor and his councillors . The judicial power was given to governor and
council of ministers to deal with cases of native indians. Governor and governor
eneral formed imporant court in capital of settleemts. Bot civl and criminal cases.
They followed the english law.

The 1661 charter aimes to extent judicial power of english east idia company . Thy
had power to settle native and english . Natives brought under english law. And
company got the judicial power to dea with issues on indian soil.

Who had complee powwer over india subcontinent ?

English officials said u don’t know anything that is happeneing . At thi time britsh
parliament did not allow. Wheneerv english est india economy , economic interest /
social interest of englosh inda ompany . All relations were carried out to protct
trading interest of english east india company . They settled everything wit english
laws . The charter 1661:

• Judicial power t deal with cases related to indian soil

• Practise of englih law , ignornac of customary / native laws in india

Charter -1726

Ancientc ities came up near water bodies / temples

Colonial cities were major centre for colonial exxploitation.

In madras 1687 - first corporation . All charterss were established by crown to

compay. The court of dirsctors issues a charter in 1687 . The first corportaion -
madras corporation was established to gover the city . Until 1726 - corporation di not
funtcion . Corporation fuctioned under judcial duty knaow as mayors court in 1687 .
This mayor court was extended to all other setllements. The charter 1726 came into
being to give uniform judiciary / judicial administration in british india. In the early
18th century english east idia company manage many important settlemts called
bombay , kolkte . All the settlemets followed diffeerent methods. Sam ecrim
different punishment in different sttlemesnts. In 1726 p judicial provisions are
there . Uniform punshments everywhee . Primay aim was uniform judicial
administration.

The nativ ejudicial arrangeements. Before british were . Under mughals mughals
controlled the criminal administration . Nawab of bengal seated at murshidabad was
head of criminal justice . Under that many roles of zamindar . Apart from revenue
collection he settled criminal and civil cases. Apart from zamindar there were small
courts . Courts called chaltry court in south india. Actually the chaltire were officl
building constructed by mdeieval rulers to facilitate traders . The traers on trading
travel they used to t rset . To facilitate the traveles the created chatham or
chaltries. The chaltry , the public building in ivillages and towns carried ipomtrat
duties. Tax collection, judicial function etc. village headman played important role in
chaltry courts . There were courts of higher level known as deewani adalt , faujdari
adalat . They dealt with cases under district level .at murshidabad there was
southern deewani adalt and southern faujdari adalat. The southern deewani adalt
was heaaded by native pandits and maulvis. The hindus were sttled according to their
own custoary practises. Muslim cases were settled with quran . Hindu pandits dealt
with hindu pandits. Criminal caeses by sourther faujdari adalat . Practise in pre
british india. The british simply adapted same british treament .

According to charter 1726 - mayors court in three dfferent residency towns. 1726
was given to regularise brtish ruling . The three important settlemet, madras ,
bombay and calutta . The important prvisions of charter - the uniform system . The
civi and criminal courts. Until 1726 company id all civil add criminal without any
distinctin . After 1726 separate courts for civil an criminal . One important
provisionw as estbalishement of appeal court called provy council in the london . The
monarch has the power to deal with appeal cases .

The other important proviion was establishment of legislatures in all rvinces . Rleas
and regulations for settlemenst in tier own provinces. It became a legislateiv body as
well . The three mayors court consisted of 9 old man . The offcials belo than mayor
know as ademan - secondary level officials. Each mayors court consisted of 9 aldman
out o which 2 were noinated from prinely states . Among the even , englsh men one
should eb slected as amayor , the tenur of office is 1 year . After 1 year next mayor
will b eected among the seven .

Te charter cat failed to poduce legal professionals as judges . The mayors court
practised english law. The mayors who sat as judges did not have basic knowledge on
english law . The professional judges did not introduce professional judges . Even
engalns at this point of time . England did not witness the pofessional lawyers
therefore the reforms going to introduce in the late 18 and early 19th centruey tries
to clear the defects of early judges.

The company got power to supervise all the courts under their control and also
slight change in the jurisdiction of mayor's court . The mayors court were restricted
to deal with cases that natives involved. With their willigness the mayors court
dealth the native cases. The charter 1753 , enabled the establishment of new court
at presidecy towns. New courts called court of request. The court of request dealt
all the petty cases . Te establishment o xourt of request was the result. Te court wa
aked to settle all cases in short while. Inorder to administer te new court a
commissioner was appointed . Under him there was a group of mmbers numbering
between 8 and 24 . The court sused to sit once a week . Defects of charter 1753:

Absence of trained lawyers or leaal professionals .

Therfore company offcials merchant and others were appointed as judges. They
were still biased against the nativess. They did not have any adequate knowledge on
english law and customary law o natives. The compny now became a despotic ruler-
judiciary not separated.

Warren hastings :

Englih east idia cmpany began to grow steadily . Polic f non-interference.

Robert clive brought come with the policcy of dual government - enjoying rights
without any responsibility. Two govermens aso followed diachy.

Non-nterferece oliccy

18 August 2023
Colonial rule and legal changes in the 18th and 19th century

English law was made by maulavis and pandits .

• Coming of colonial lawmakers in india

• The way they looked at lawmaking in the subcontinent

• Administration was carried out by lawmakers as the extent of indigenous

laws. Colonial laws came at the cost of local judges

• The setting of varios structures of colonial law which intended to make rule
of law

• The late realization in colonial lawmakers that they has to regulate leading to
the find

3 areas of investigation

Theorugh these three areas I would test a hypothese whether a rule of law that
british gave us was meant for the welfare of Indian people.

Indians would say they were not . It certainly was not meant for indians. The colonial
lawmakers need to attempt to indigenise colonial laws.

The princpiles that initially governed the making of British India laws . That would be
evident in understanding the entire framework of administration of justice in three
presidencies.

Two type of laws in 17th century that british bought , maritime laws and english
municipa laws that gave us various municipal corporations.the principles that
governed the making of colonial laws in India were the ones for maritimes . In
england is common law and here is civil law. BCL - bachelor in civil law - ma degree.
Even in he middle of 20th century , one got ma after payment . The law graduates
with bcl were treated par with ma students. 17th and 18th century and the principles
governing were of english ministry . Three phases of administration of justice : 3
presidencies in britaan . The period of enquiry is in this period the britsh organised
colonial laws. The point making here is that the first and foreemost aim of colonial
lawmakers was to give protection against the aggression against te movements . The
second objective was to replace Indian courts and graduates and install their own
laws. Initially british did not take any . The villages were rented out to east india
company . They come as tenents then vbecame plunderers. These were radicla
chnages in british . This onsist protecti agiant all other communities including
mughals and build their own rule that replaces the administration of justice

Three phases in administration of justice in madras :

1.1639-1686

2.1665-1686

3.1686-1726

Three phases of administration of justice

The predominnat assert of communal law makers . Goes to reserve the power of local
judges and rajas. The original institution in modern india began with companys itself
of the local rulers.

The coloial capital of india in bengal 'madra was originally a small village which later
grew into a city . As legal historians pointed out the system that was updated was
rudimentary and elemantary one . 1639 important period in indian history . Shahjahan
was in power during that power.

The judicial system was limited and all cases were referred to court of directors in
london . There was no proper court in madras all was referred to east india company
. In 1662 two servants of company were apppointed to replace the adhikars , village
headman and the courts ran oon adhc basis. What emerges from first phase is that
the legal system the british were istalling in madras were indeed very elementary .
They still need not have learnt to rule us .they were also the head of chaultery court
- chathiram . The british replaced chaultery which was obviously not adequate for
natives. It was adequate for them . The legal system installed for natives was meant
for british . Introduction of companys legal system .

The secon phase the english governor was emowered to make governance for english
ruling the country . The judicial system in madras were not only elementary but also
substanded . The poepl who were appointed lacked aquedate knowledge . Compan
servans were appointed who may not be fully qualified to judge . The govenor of
madras , station master tried to bring some reforms. The seconf phase chaultery
court were replaced with company servants . They were annising the indian courts
with the not nly english gvernors but also mind master. Apeals fom chaultery courts
went to governemnets . Hat was the second phase in administration in justice . The
third phase from 1686-1726 the induction of mayors court and ……. These courts
were brought to subject chaultery courts to dormant level . The colonial law making
in madras. The aminities court to deal with maritime law to check the high seas .
They were high powers given to judges of amenities courts. Courts were hearing sll
cases, maritime and . By a freash ahterte of 1686 he difference of civil and criminal
was classified. Until the british came , the profession of lawyers emerged in modern
period . That cannot be compared to what they have .the origin can be traced back to
east india company . The civil lawyer was placed in charge of aminities court of
porvisions of international charter, the international charter consits of company civil
servants .

The thir power given to amunnity was general , it was considered just like regular
court . And fourt point to remember that amunity 1704 it continued. Mayors court
were part of madras municipal . It was meant to address local necessities of people.
There were nmber f factors:
 1. It was meant to burst in demographics of madras - secon half od 17th
century

2. Meant to replcae dutch model of legal system

3. They were intersted onli in collected of taxes. Te mayors court wanted

house tax to b collected regularly .

The one mayor . Head office for 1 term . Te administative structure of mayors court.

The british did not win plassey to win bengal but t tae up calcutta. They wanted
madras , bombay and calcutta.

Province, presidency . The problems we go to the nation . Similar to administration o

justice I madras . Three phases in bomaby too :

1668-1683

1684-

1782-1784

In bomaby we see that mughal did put up challeneges to british . For 90 years cimany
remoaine dout of power. Aurangazeb were aggressive in his power. The make of
auragazeb , the make of man . Once succesor of aurangazeb came they could seize
power. The company realised to rule indi athey needed to co-apt the other people in
indi - hindus , parsis , portue , muslim . The muslim dd not know how to rule . Hey came
I end of 1600 . From 1600 -n1661. after 1661 they showed their olitocal presece .
They were beginning to gte te ides of harger. To rule Indi theu had t show their unity
as politcal power. The idea of the rule of law was beginning to take shape in his
period, to rule us they needed to coopt us in their system . With thatcame nepotism
and corruption.

Calcutta - dihi - administrative taxes to proviion directly . -unit collecting taxes were
law and order were doe by . Ther were many ddhs in kolkata all this were brn by
landlords who were already . They were mix of hindu and musim landlords. There
were 12 landlords and may landlords. Law and order in the hands of landlords. After
british came , tec ompany came as landlord. All landlords had to pay to collector.
Later colletive as to pay an . That was administration f justice in modern india .

Courts establshment

There were 5 adlats in 18th and 17th century. They were sourthern deeani , nizami ,
mufasil needami .. And the samll courses. They were ment to give justice to indians.

The sourther deewani in 17th century which cosists of ernor and two members of
council . The southern neezamth wa smenat by darobai adalt . Deewani refers to all
deewanu fundtions. The nawab titular head of nizamath. U will see murshidabad
palace near bhagirathi in the south of hooghly . The punsihment given were capital
punishments. The nawab signed death warrants.

The collector was man who collected the revnue . Te court decided all cases deling
with propery , inheritance and demands for rents. In this court . This court was for
both hindu and muslim . The faujadri , faujdar was mughal officr who ejoed military
power. The british gave more powers to cvil officers thanmilitaty. The mansajaddari
system showed up te mn who colleced all the rules . There is a differnce in he arm of
power. The nimzamad of faujdari adalat . The muslim followed in khazis and malvees.
This court did not have power to give capital punishment . Adalat ssystem there
reveals an effort made by brits to give us our home inferior in our role an tstautes.
The idea of rue of law envisafed two ideacal and legall rulers.

The administration of justice showws a legal system inferior to kings sytem . The
supreme court was setuo in and tribunal . The jurisdiction of supreme cout eryone in
bengal presidency . Appeals from supreme court went to british council. Case of
nandumar forgery revenue collectr hastings . British racil system or indin caste
system
By the end of 18th cetury te british in india were realising that they could not
contine with chaotic regulatig law. In 1793 , executed the permamnet settlemt law
which created British sysetm in Bengal. Amarty sens . Successive charter began to
cretae necessity to pass te law commission reorts. The first law commisision I
1832, with thoma macualy as chairman . Since because macaulay was dead, he reched
indians comparing . There are certain importat works on mauculary.

Sati was abolished in william penting with help of ram mohan roy , and lord and
daughter mary . The seminal conclusion of rja ram mohan roy as not still been worked
on in india history was widow burning . Agirlchild with age of 15 will be murered in the
pyre of husband . The male would burn her for canconic reasons. The women in family
court . Raja ram mohan roy made it a part pf his life. High women would be murdered
in the name of kali and money will be looted by dacoits . This cnnot be ignored. While
maccaluy was clearly racist we cannot ignore, two things his gave us . The evil
practise like sati . The begum school . Womens education was intoduced wth the help
of new laws they were making . The widow remarriage that was intriduced by ishwar
chandra vidyasagar , thy were intorduced to remarry . So codification process which
gave us the hike in calcutta , bombaya nd madras was . On one hand reorganising
judicial sytem for british stem . The rule o law coming I 19th century but indians
remianed subordinate courts . On the other hand the codification brought reforms in
Hindu society and muslim society that may not have necessary pleased main motive of
upper caste . The women in calcutta. Education stepped around . Benefit hs been
created from the strating of schools and colleges which later led to tehd eelopment
of co-eduaction schools and education . On 6th of august , consisting of 19th section
… there wwere three supreme courts . The sct gave power to erect three high courts
. It was meant t amalgamante jings court and adalat . The structure that was one
choef justce in 15 udges t be established in london . The judges would be presented
in the fllowing prctsie, barristers, the government civil servants served as zila
servants . Judicial officers not inferior to southern . Eprson pleaders in soutern
couts . The establishment of high courts of calcutta , madras ad bombay ,so
codification in india ,
The changes that brtish colonial law makers brought from 1600 to were significnt .
Hy wre meant to give indians and britishers new rue of law based on rincles of
rationalities . Howerve this rule of law throughout entire perios, discrmination not
paying indian custosm . The lt realisation did show that to rue India the colonial
masters had to coopt few Indians . What emerged eventualy was a top heavy
beauracratic system which pad little attention to the nees of bulk of Indians who
needed justice.

They wee interested only for their own only their own commercial interests, their
local condition . Their company profits . Some indiand did benefit but thet
percentage doesn’t count s o much . There was hardly any change in that change . The
idea of uniform civil code can be traced back to the 19th century . Today the
development of codifying regulation law. First we need to se chaotce . Using those
laws to interpret the natio . In an imperialist one which informs the imperial idea of
convenence . The chnages referring to are to be referred in tring to make everything
uniform in legl system .

The natives were not allowe to speak , can the sbaltern speak ? They were aksed t
repea wht the colonail masters sya. They were silenced. Indian judges wanted power
to thrive the british . They were silenced each time they tried to speak . There was
litle chance for indias to speak ?

19 August 2023

The changes he introduced in the judicial system

When he became the governor of Bengal , he came with some judicial plans known as
37 regulations in 1772 .

According to this plan he divided bengal province to several districts . Each district
was administered by english officer callled collector . The important duty of
collector was revenue collection and dispense of justice at district level . At district
level the courts wwere reoraganized , now deewani adalats . He abolished the dua
government so he formed such courts . Before warren hastings it was dual
government . The company became zamindar . Now warren asting not satisfied with
previous arrangements he reorganized district courts .

The ewani court dealt with civi cases headed by Governor. The court constituted
twice a week inorder to assist English Collector there were native judicial officers,
hindu pandits and muslim maulvis . The hindus approached the court to deal with teir
cases according to hindu law. The muslim appraoched to settle cases with Muslim law.
The colector epended upon the information given by natieve officials

The sourtheren deewani adalat constituted of governor.

Warren hastings introduced institution of collector then they abolished . Then

cornwallis again established the position. At this point of time Collector became ead
of the district in district collector . The goveror and the council again took
information fro native pandits . With related to criminal administation , warren
hastings also took criminal administration from nawab of bengal . Even during the
Mughal period , the criminal administrative sustem was under the conrol of mughals.
Whether native or non muslims involved. The muslim criminal law was simply
appointed .

The nawab now lost its power. There was faujdari adalat or criinal courts in district
level headed by the collector . Since muslim criminal law was appplicable it was simply
administered by te uslim maulvos and people well versed in muslim law. All the appeal
cases were sent to southern faujdari/ sourthern nizamath adalat at Calcutta. There
governor apponted a officer Daroga-i-adalat.
The differece between criminal and civil was that the criminl was headed by the
muslim officilas and the collector had the supervisor power . One headed by the
crown through charter since from 1661. The important keyfeatures Two sets of
courts were established no uniformity . So codification happened. The mayors court
, court of request , registrars court , chaltery court , dewwani adalat , nizamath
adalth , mafassil courts under the countrol of crown . There are many clashes in
compay court and crown court .

The keyfeatures of warren hastings in 1772 . The collector became important

administator unde rthe district level he was given the power to formulate and frame
new rules and reguateion under the district leval . The second feature warren
hastings tried to implememnt dfference between civil and criminal court at district
and civil justice system . The company courts recognised the native laws at all levels
fro the local courts to presidency courts . Recogntion of native laws .

Major defects associated with the system :

1. Collector was given more power. Head of civil, criminal and revenue
administration . The capablity of collector was asssed based on how much revenue he
collected not n how many cases he settled which forced them to do revenue
collection .

2. Since collector was given more power he could manipulate the powers. Often
he manipulated al this powers to gain economically .

3. The hindus were dealt with hindu laws and the muslims were dealt with
muslim laws.

4. There was no clear cut mecahnism to chec the native law officials . They
often interpreted to gain economically . They have given biase interpretation to gain
economically .
The other legislations :

After oe year Warren Hastings were forced to introduce new plans :

New english officials were appointed , it was not fruitful for the company . The
instution for compny . Warren hasting established institution called collector .

The bengal province divided into sex provinces. Between presidency and district
courts , provincila courts came into being . Bengal was divided to six provinicil diviions
. At district leve; am indian official called diwan or amal to carry out civil and revenue
. The other important change once again criminal amdinistrative sytme was given to
deewan . Now the nawab became the head f criminal administrative system .

The last plan 1780 : This plan tried to introduc slight changes in the prvincil level .
Some changes were introduced . Now civil and revenue got separted .

Regulating act : English east India compnay wanted to regulate the company and its
officials . There were many causes which enabled the passing of regulating act :

1. To consolidate newluy annexed territories . Until 1773 here was no central

administrative system . They did not consider to support the company trade but in
tehir private trade .

2. The company officials were corrupted which resulted in corruption

all this enabled pasing of rgulating act in 1773 .

Te englsih eats India company also approached british east india ompany for 4 lakh
loan .

Important provisions :

1. The governor of begal became the governor general of bengal - Warren

hastings became governor general of bengal . His power was retricted in many ways .
The muber of members were deterined as 4 including warren hasting , the regulating
act said to take decision majority should be there .

2. Legislative powers were also given to frame rules and regulation to bengal .

3. And the regulating act also tried to resist company offcials in many ways .
Prohibite gift from natives . I also prohiciteed private trade of company officials .

4. The salaries of high officials especially governor general and his council
members . How warren hastings and other government officials got money from
natives ,

5. Imp King geror 3 establish crowns court inorder to check the company
activities . In 1774 george 3 issued a charter , according to charter Calcutta
Supreme Court cme into being .

6. First time trained legal professionals became judges . There were 4 judges
one was considered chirf judge and the othrs were known as puisne judges.

7. The important aim of supreme court wa sto check regulrse company

officials .

The jurisdiction of supreme court at Kolkata - all british subjects englsih east india
company officils , indians wo wished t approach the court , te probele is jurisdiction
si not clearcut .

Warren hastings thought : "we have been very unfortunate in the time for which w
have chasoen for judicial reform . We cannot undo what we have done . If lord of
chief justice should come amongst us then the lord should have mercy on us . "

21 August 2023

11:47
Warren Hastings was the first governor who undertook complete administration. He
wanted to act as a native ruler . The cases which enabled Warren Hastings to enable
thi plocy .

1. The fear to intervene in native practise

2. The insufficient number of english officials in India

3. The did not follow english way of life

Cornwallis - Governor General of Bengal : He also followed the policy of

non-intervence . They followed timm 1830s . This was changed during William Penting
of non interference and this does not mean tey followed Warren Hastings .
Cornwallis policy was different from Warren Hastings , Corn walls ws influenced by
the political ideology called vague idea . The important goal was the resrtciti the
rights of the crown and emphasinising the power of the parliament . The vague idea
gave emphasis to strengthen the parliament . In relation to legal aspect the vgue idea
gave mre mephsis to law than the governance.

3 legal reform of cornwallis :

Corenwallis : was born to a wealthy and highly influential family in England . Unline
Warren Hasting , Corenwallis was appointed as Governor General of Bengal . First he
was associated with the british army , h took part in the battles between england and
its colony america . Americcan war of independence . After this war , he joined
english east india company and appointed a governor general of bengal from 1786 to
1793 . Like waerren hastings correnwallis also came with policies and programs to
strengthen the colonial rule in the subcontinent.

1. Administative

2. Rvenue'- known as permanent settlemet .

 3. Judiciary

Regulating act - eradicating practise of corrupton . To increase the salry of the high
officials of governor, govern general member in the governor and governor general
council . The other officials still practised their privae trade. The secondary level
officials still practised their privae trade . The salary hike was only for the officials
. Correnwallis increased the salary of english east india company officials . The
problems, the lw payment of slaries played a major role . All the officials were
demanded to give full time service . He fixed the tming from morning to evening .
Based on necessity officials were called earlier . Full time service was demanded .
Prvate trade was completey prohibited . Correnwallis was very determined to appoint
english in the high post . The indians were appointed in local levels. He also carried
out police reforms . Earlier the police duty was carried out by indian official known as
zaminar . He took the rights from zamindar . A special deartment was constituted
known as police department . Europens were appointed .

When correnwallis beacme the governor general not like warren hastings. He cae
from from wealthy and influential family it enbale dhim to take bold decisions even
agaisnt court of directors. He reintroduced the institution of colleector though
court of director was not willing for the reform. Now the english collecor as
resonsible fr revenue collection , civil and criminal administration. In 1787 collector
was reintroduced . 3 reforms in regularinterval of 3 years 1787 , 1790 , 1793.
Compared to othr teo first reform was superficial one.

The seecond reform - he judicial plan of 1790 - this plan concentrate on the reform
in the criminal justie system . At this time it was undertook by nawab. There were
many defects for muslim criminal law . First and foremost the witness system was a
biased one . Second the muslim criminal law include barbaric or creul punishment .
Third muslim criminal law conscentrated on nature of crime than motivation of crime
. Judges simply looked ito nature than motivation of crime . They never considered
motivation behind the crime .

Witness syetme was religious and gender biased - acording to muslim crminal law ,
muslim murdered could not b punsihed based on the evidence of non muslim . Further
it treated one muslim witness is euivalent to two non- muslim witnesses. One male
witness was euivalentto two female witnesses. Corenwallis was ot satisfied with the
witness system and wanted to change it . However he statisfied with the same
Muslim law. They adapted the same adlats , kafis and muftis. They were nt ready to
change the name of kazizi and muftis . They simply used the same language persioa, .
The english also used the same language . The english judge recorded everything in
persion only . Corewalis also adopted the same . He wnte to ntroduce refor in
superficial level. He eliminated discriminatoy provinces related to gender. All
witnesses were reated as equla. He instructed judges to look into motivation behind
the crime. Correnwallis also introduced punishments.

Correnwalis was determined to eradicate cruel punishments. He suggested severe

imprisonment . Instead of mustilatulation . The reforms related to organisational
level . He undrtook the criminal administration from southern faujdari adalt
controlled by nizam . Now collector was head of criminal administrativ system and he
dealt with petty cases. He was empowere to impose simple imprisonmens. He was also
aske dto carry out criminal enqiry . Aske dto submit reports . He alsi introduced
some changes. Warren hastings divided entire bengal into 6 . Correnwalls divided into
4 division or circuit . The ccircuit headed by two and assisted by native law oficials .
The southern court by governor general . Chirf kazzis and mufthis were officials .
Higer punishments by this court . Capital punshment by thso court . Shifted from
murshidabad to kolkata .

The supreme court was established to control english eat india company . The last
plan 1793 is considered the very important judicial reform , under the tenure of
correnwallis . Code of Correnwallis 1793 . 1793 code came into being to rectify the
problems with first judicial plan . Consisting o 48 regulations. Vague idea was gretly
infuenced by correnwallis . This plan , law beacme important than the
government/executive which resulted a speartion of executive from judiciary . The
civil administration nder cntrol called collector taken over by another government
oficial called district magistrate . Judges got higher salaries than collectr. Most
importantly the english east inda compny officials was brougt under the control o
judiciary . So separation of civil justice from revenue . Collectr carried ou revenue
collection duty . Seconf reorganisation of deewani/ disrict court. There are no majr
changes but superficial changes . Executive was separated from judiciary . Jusidical
officials got more power than the executive . Judiciary tried to contrl the
government . To reduecs the burden of district courts , local level courts were
establsihed betwene the village courts and didtrict courts . One called munsi fcourts
entered by native indians and registered court headed by english official.

The munsif ourt dealt with cases valued upto 50 . The registered court dealt with
cases between 50 and 200 . Rets went to higher courts. Abolition of court fee was
also introduced by correnwallis , the litigants were forced to pay fee to go to court.

Most importantly correnwallis intriduced reform to check legal native offcials.

Southern nizam adalat empowwered to give appointment to native legal official. To
practsie law they have to register. Similarly they can get fes, not through fees , the
clients were asked to deposit money in court . The court will give to vakils .

The regualtion act empowered to promulagte new rules and regulations . All rules and
regulations becae published. It beacme guide for indian judges. One important
defect was the lawyers , native officials at local courts were permitted to get money
based on how many cases they deal . And this again leads to corruption at local level
.

Ranjit Guha - Peasant insurgency in Colonial India. - permanent sttelement

22 August 2023

12:47

In 1698 english east india company obtained three villages on rent . In 1698 company
managed to get zamindari righst over three vilages. In 1717 faroo zir also granted
some rights . After plassey they acquired vast terirtry in and around kolkata . The
cmpany paid a annulall some 2 lakh 23 000 to the nawab of bengal in 1757 -58 . After
the battle of buxar in 1764 , treat of allahabd . There were three native powers -
nawab of bengal , mughal emperor and nawab of oudh . The mughal emperor gave the
deewai rights to the british .

After battle of buxar deewani rights give , rs 26 lakh annually to the emperor and
not to the nawab of bengal . And company became a deewan . The company became
the revenue collector .

The pre british practises : During the mughal empire played a major role . The
administration nder Akbar , strong administration was created. Akbar played a major
role in strenthening the administrative reforms . Akbar esablished systeatic revenue
adinistration except in few terrritories ecept tamil and kerala not included I the
mughal empire . There was annual assesment in the annual . Abunch of mughal
administrators vsited the villegs to visit the land . A bunch of revenue fficials have
to visit all the cillages. Robert clive was not at all interested to focus on revenue . He
simply adapted the native practise. When harren hasting becme the governor in 1782
and governor general in 1783. he completely undertook entire administration . He
tried to introduce some refoems. Howerev all the reforms faile. He ablished the
annula settlement . He inrouced five ear assesment practsie . But firve ea
assesment pratise was not fruitful . He returned back t annual asseement prcaise .
Correnwalli was appointed a governor general of bengal to intoduces hi revenue
reforms which came to be known as permamnent settlemets in 1793.

Inorder to understand the nature of reform . Zamindars were not landowners they
simply collected taxes. Ote zamindar estated consisted of any villages . Like 50
villages or 100 villages. Apart from tax collection , the supervised civil courts ,
criminal courts and supervised police duty . Ths position begun to hanges under
corrnwlis zamindars became the propreiter of land . Warren hasting begun to
qestion the land ownin rights of the natives. According to Correnwallis Zamindars
became the landlords. The other important feature land reveune was fixed
permanently . It got fixed permamnetly . To encourage agircultural productivity
correnwallis came with the plan . According to the paln zamindars became the
landowners. Accrding to marxist writer R P Dutt how english east India comay was
conscious about inreasing the revenue . The pimary goal of english east india company
afte robtaining deewani righst was extracting revenue as much as possible. To
undertsand the nature of revenue colletion :

On year before the battle of buxar , one year before allahabad treaty the revenue
collection or entire begal province was aroun 8 lakh pounds. After the allahabad
treaty in 1765 14 akh pounds when the permanent settlement was inroduced it was
30 lakh ponds.

There were several reasons why correnwllis came with this :

1. Appropriate revenue as mush as possible

2. He did not try five year assessment done by warren hastings .

3. Vague idea - executive less power no officials sent to each year hence
judiciary will be having more power than the executive.

Very vague idea forced him to come with permanent settelemt in bengal . The
permanent settlemet had served a hort ter economic needs of englsih east India
Company . So thiw was introduced to serve a short term economic need and long term
political interest of englsih east india company . Te impact was tht zamindar became
the andlord that is the landholding calss in Inda . It became the colaborator of the
English east India, and the direct british rule administered the east india company
with different kidn of collabpratre. The colonial rules was impossible withput native
rule . A asection called zamindars became the land owners and the actual cultivators
lost their righst . They lost their traditional righst . This is importn imoct of colonial
rule especially colonial rule . Te peasants who lost tehir lost oer land or eimpotntly
they were eliminated from the land . Gradually they becae landless laburers or
agricultural servitud was base on ower caste laboireres . Many actaul peaseants also
turned to landless labourers. After 179 the number of andless agricultural
labourers increased. Now they becae tenant at will . Until and unless the zmindar
supported they are there else evicted ro land . This crated impact on bengal society
. Now the benga society witnessed deep divisions between zamindars and peasantd an
between easants and landless labourers. Now te distinction was clear . The sociey
also witnessed deep divisons. And also politicla or administrative impact . In between
village and distric level , completely absent in bengal because of permanent
settlemet sustem . The local unites were independent until idependence.

Utilitariaran began to view permanat settlemet

Permamnent settlement creates issues - tenant at will and landless labourers

They begun to quetsion permanent settlemet system and their own system . Peasant
revolts and tribal revolst were important consequeces of permanent settlemets .

the zamindar now . Through this permanent arangement zamindar interested to

extend the agricultural production they acrried deforetion which resuled in tribal
revolts . Now amindars became wealthy people and they begun to eploit tehir own
native population. This permanent settlement enabled the development of new kind
of people calle money lenders.
23 August 2023

The revenue got fixed permanently. The zamindars extended agricultural activities,
the zamindars got much than the company. He was allowed to take 1/10th of revenue
collection. The zamindari territory produced much due to the extension which
resulted in . The major point in debate was that zamindar collected more but gave
only fixed to company . This debate enabled other englsih east india officials to think
differently . The Court of directors also insisted that do no follow permanennt
settlement . The Court of directors asked to form new policies in new territories of
the North West province.

The second cause was that dispproval of utlitarians towards the permanent
settlement. Corenwaalis came with permanent settlemt came with this vague idea.
Utilitarians viewed differently . Accordig to utilitarians stated that governemnt and
law both are very important . They emphsaized role of governemt and law. They
argued that law should help good governenace. Therefore the utilitarians did bnot
support permanent settlement arrangement . Early 19th century colonil india
witnessed appointment of many utilitarians . T b macaluay william penting were
important utilitarian. Therefore the administrators of different provinces tried new
revenue policies. Thomas munroe came new policy called rayatwari settlement. Under
the rayatwari peasant/ actual ultivator became the land oqqner. Sinc actual
cultivator became land owner he was responsibe for revenue payment . N o
intermediary between peasant and state . The rent was part of tax now. Ryotwari
settlement enavbled peasant to pay both the rent and taxes to the state.

Similarly the other important feature was that each and evey piece of land was
assesed and the reven got fixed for certain period. The maximum period was 30
years . The other iportant feature , the ryot / pesant received the assistance . One
important assistance was that he was allowed to pay less than the fixed amount.
Especilly during th bad seasons. Under ryotwari there is another practise called jama
panthi were there were peasants go and meet collector where famers go and tell
their grevienes to collectore. Organised onece in a year. There was one more
arrangement called mahalwari . First introduced in oth west prvince . Established in
the year 1839 . The mahaltwari system was gradually estabished in north west
province . Came into being after anglo maratha war. North ofbombay were foremed
to separate presidency called north province . Holt mckinsey he was appointed as
territorial secretary of north west province . He came with mahalwari arrangement .
It was a mixture of ryatwari and zamandari . It became a laboratory . They tested
their own ideas and policies. In the mid 19th century there were 4 main revenue
policies

1 permanent settlement - bengal bihareastern up northern madras parts of odissa

and assam

2 temporary zamindari system - the tenure of the zamindr was not fixed

Ryotwari - madras and parts of bombay presidency

Mahalwari system 0 north wast province some parts of up punjab

The consequences of reforms particularly the permanent settlement which resulted

many native protest , peasant revolts and tribal revolts often one can see similarity
between the two

1. The permanent settlemt created so many problems , actual cultivators

became landless tenants laws came into being did not help the peasantry or tribals .
The laws simply protected moneylenders zamindars and english east india company
officials

2. The reforms created landholding class , agricultural labourers . The

important difference between pre british and bristish india . Small grop of people
were considered as outcasetes. People from all the castes mostly the middle castes
became landless labourers,
 3. Moneylenders begun to dominate and exploit . The condition of the peasant
of the cultivators

4. The peasantry was extremely miserable which resulted the revolts both
traibl and peasant revolts

The important peasan t revolts sanyasi revolts and paiks revolt . Two important
peasant revolts in the communal revolts . The bhils of chota nagpur and bengal kollis
of gujarat and maharastha kols of chota nagpur koyas of andhra thre were many
tribal revolts . The santhal of bihar and the bihar

Who were the kohls and what were their practise ?

Peasnt revolts were political movements .

Initially peasant revolts were silent but with petitiosn nothing was happeninng so
they converted to being violent. Through these practses peasants and moneylenders
forced to

Kohl rebellion : The kohl appraising 1819-1839 after seeveral peaceful

demonstartions they were forced to undertake violence . People collectively called
kohl , hos , bhumij, mundas collectively called as kohl . The kohl population presented
numerically in the territory of chotanagpur . Region in present day jharkhand,
oddisha , chattisgrah and hil tracks.

The political domination over tribal population . They had their own political
arrangement . They extended through several through wars . All these territorial
extentions distingusidhe kohl to continue territoria practsises. Many legal courts in
bengal province . All couts effected legal population. The tribal forced to follow
hindu practises.
24 August 2023

Peaceful demonstration till 1830 -1831. From 1831 they began to adpt new method of
struggle which is violent. In 1831 the kohl population was mobilized under the
leadership of few kohl people especially buddhu bhugat and joe bhagat . Apart from
these two there were many other leaders. In 1831,the kohl people burnt down the
farms of two saikh tikadars. The wealth of to sikhatadars which resulted in series of
violence between kohl and local natives. The Indian native official appealed British
government to sent a small army to suppress kohl population.

The traditional weapon arrow , bow, spear,stoone could not last enough against
modern weapon. However the tribal continued their struggle in other areas. Santals
.the santals lived in the west bengal aarea especially maaboomb, baraboomb ,
midnapore and badura. The tribal people present in large area. The early accounts
have described santhals as peace loving people. The causes of rebellion were very
similar. The agrarian change in the bengal province because f warren hasting and
correnwallis. They reched upto forest. The tribal people also under control of
xamindars and mahajans. Their traditional rights passed on to zamindars. Now
zamindars became landownrs. When zamindars infiltreated the tribal popultion they
tried to suppress the trivbal people. The santhals gradually migrated because of
zamindars oppressio.If they failed to land tax they will lose land rights. Very soon
they became tennents or landlesss labourers. They became bonded labourers which
resulted migration of santhals into other areas. They migrated to plantations. This
tribal migration was one of the reason why they got frustrated .

The santhal rebellion started in the mid 19th century. According to some sources
they were 35000 santhals mobilised to oppose colonil oppression. First they carried
peaceful demonstration. Santhal rallies from jharkhand to kolkata. They did not get
any remedy from english east india company. The sqnthals adopted gorilla warfare.
Gorilla warfare became medium between natives and colonial government.at this
point of tiem karl marx, from london watching what is happening in indian
subocntinent.

Quote from karl marx - outbreak of santhal an out savage tribal group from
rajamahal hills putdown after 7 month warfare. Because of santhal rebellion the
ebritish forced to pass an act known as bengal tenancy act. The zamindars evicted
always without even noticed. The colonial historians described peasant revolts as
apolitical and movement against modernisation.w.w.hunter who often described this
as apolitical and movement against modernisation of english east india company and
the british . When the nationalists tried to write Indias past they questioned Indias
histry writing . The peasant writings were the struggle against the imperialism. The
considered thesses as struggle against imperialim. Subalten historians tried to
answer the argument put forward by the subalatern . The subaltern said it was
political movement to put forward their political rights.

The mopalah rebellion - peasant rebellion.

Who were t=he mopalahs ?

The mopalah rebellion , a series of rebellion

1800 and 1802

1830s and 1850s

1921-22

The mopalahs - a group of malayaless who conevrt to muslim they were ready to
convert to islam to seek employment. They were treated as second grade muslims.
The arab muslims never allowed these people to be involved in major trading
business. They carried out smal trading activities. The portuge trie dto estalish
their trading connection by suppressing the arab muslims. When the arab muslims
got suppressed the alayalee muslims alos got suppressed they became laboureres of
Nairs and Namboothiris.

Hyder ali tipu sulthan extended mysore teritory . The teritorial expansion also
played a major role. When hyer ali reached northern region of kerala they annexed
malabar. The nairs and naboothirs left this area and occupied the southern . The
lands wer without owners so muslims occupied.

In tanjore also agristice servitute brahmins taken to mysore . The labourers

occupied. The englsih eas India company too 3/4 territories in the fourt anglo
mysore war. When the english east India company took malabr , once agains
naboothirs and brahmins begun to claim land ownership.. They forcefully took land
from mopalahs. This resulted opalahs to take up gorilla warfare to protect their
righst over lad. Even mopalahs not simply opposed . They attacked the english East
India Company oficers. There were many government offices burnt down , many
leaders emerged. Chamban pokkan , unni maudan . The mopalah rebellion was
suppressed greaatly no uniformity among labours. They simply carried forward
without any connection with other groups. Mopalahs begun to lose their control over
these territoeries.

Administartion of personal laws in colonial India

Two important books - Robert Lingat - Classical law of India

Religion , law and the state in India - J Duncan M Derrett

Two important phases :

The first phase and the second phase

The first phase starts with waaren hastings : many governore generals simply
followed warren hastings , correnwallis , welesly etc. the second phase started I the
mide 19th century . The first phase influence d by policy of non-interference . The
scond phase by utilitarian ideas

The fir phase englis adapted simply adapted the personal laws in the mughal era .
They simply adapted most importantly the institutions, witnessed no change.
However the laws , the personal laws there was some changes. They simply adapted
personal laws under the mughals. They simply adapted the sources as well. The early
colonialists palyed majr role in collecting translating an dpublishing legal texts. The
administartion of prsonal laws acknowledged the role of indegenious laws. When
codification was carried out completely eliinated. Both companys court and crowns
court begun to recognise the persoal law of india.

The rules related to personl affairs. Marriage , divorce, inheritance , parentage ,

adoption. There was hindu and muslim personal law. What is Hindu law ?

J h nelson asks - what is hindu law

In what language its I swrittem

No such thinga as hindu law existed in pre british india.

Many scholars agree that hindu law was formulated during british period. Duncan
derett quote :

While brahmin , buddhist, parsi and sikh are one onation enjoying equl political rights
and prefect equality before tribunals they coexist as different communities having
diferent law affecting every aspect of life the law of husband and wife , father na
dhild , descendent to acendaent are all different too the body to which they
prevades .

The colonialists also understood. The policy of non0interference also the

collaborators played a major role- pandits and maulvis , robert lincat also says that
hindu personal law we refer to dharma shastras , no euql word of law. Dharma simply
means duty . In sanskrit there is no one word equal to law in sanskrit . The hindu
personal alw came into being . When the colonial administrators began to transalte
the brahmanical text they compleely ignore te custom. 80 percent followed
customary laws. Now custom was ignored and sanskrit laws were epanded. During the
time of warren hastings , he took complete administration from nawab of benagl . He
constituted a committee of 11 brahmin pandits throughout the bengal presidency .
From dacca to patna . The 11 pandits were aksed to codify the hindu law. Sinec
warren hastings undertook judicil administartion both civil and criminal . He asked 11
brahmin pandits to codify hindu laws. The 11 hindu pandits gave a document in 1775 ,
they took roughly two years . They eferred 20 brahmanical text including
manusmrithi. The combined text is known as vivadhamavasethu- bridging over the
ocean of disputes.

Given to warren hastings . Written in sanskrit . The snaskrit text was first
translated to persian by a muslim in bengal . Again it was transalted from persion to
english . The translation done by nathnile B Halhed . The text was orimneted in
london knaown as code of gentoo laws or ordination of pandits.

Nathaniel halhed translated and published in london, non muslims were referred as
gentoo by portuges. Consisted of 21 chapters. All 21 chapters divided into sub
sections. Asiatic society saw it as misleading text . They did not consider some
important snaskrit texts. Nathaniel halhed was only learning persian then so it was
not complete . Sometime translated in wrong way . Sometimes ignored the important
quotes. William jones undertook the wok of sanskrit to english . So it was given to H
T coolbrooke . After this translation many officials also tried to give commentries
and digests came into being. After this translation by n v halhed it became an
authentic text whether crowns court or companys court . Whe supreme court was
established in other presediencies , the gentoo laws were followed in madrs and
bombay . When in aras some colonial judges in rural areas begun to criticise. J H
Nelson served as judge for more than 20 years . He orked in madurai , tanjavore and
chengelpett . His majore contention is that the gentoo laws is not suitable especially
to south India since people from south India simply followed customs now forced to
settle issues through gentoo laws. Even though the people were awae about the
religis practises shaivism and vaishnavism , the legal matters did not touch the legal
matters. There Is a distinction between religios and legal practise . His book - indian
usage and pjudge made law in madras. A viw of hindu law.

Other initiatives to codify muslim laws. Hidyah was translated to english tehre
were many imprtant colonial officials , judges who took the initiative. Charles
Hamilton . William jones also helped muslim tts . W h magnattn . Which rsuletd in
pucliction of may muslim texts such as principles and precedents of mohammaden
law. One important traety of colonial official .

The second stage : when utilitarians begun to influence the idea . To giev om
onsideration to customary practises . They never considered the importance to
customary practises. In 1849 the punjab was annexed , the personal alws in punjab ,
the oifiaction was also carrie dout . Anglo sikh war punjab was nanexed, they have
given importanc to cutomary practises because of utilitarians. Sources - orl evidnce ,
folk songs and village songs . Based on these sources they tried to codify personal
laws in punjab . The customary oartise I bomaby was very different-parsi .

First phase ignorance of customary prcatise and follow hindu law

Second pase customary prctise given to importance .

09/09/2023 Through peasant, pollygarh nature of political and colonial changes in

18the century . How colonial state was constructed. In relation to judiciary we can try
to understand the rule of law. The idea of rule of law was associated with colonial rule in
India.

The colonial historians described the peasant , tribal ad rural uprisings as apolitical.
They were responsible for politica unrest in Indian subcontinent. Similr;y colonial
istorian and scholars described it as against modenisation and not a against colonial
rule. The nationalised historians most importantly revolts, they portrayed as part of
anticolonial struggle. Those who took part in the struggle were considered as Indian
heroes who bravely fought against the colonisation process of englsih east india
company .

The polygar rebellion

Nawab of aucat , mysore state .. Small pribely states the tanjavur was annexed to
the british then pudukkottai - only one princely state. Travancore.

How the british expanded territories ?

Through policies and treaties

Bombay - anglo maratha , anglo sikhs

Madras presidency - Carnatic wars tried to eliminate french . After french

elimination they focussed on terriyrial expansion through anglo mysore wars and
suppression of polygarhs. Two important events which faciliteated english eats india
company to expand territory. The mysre states was a aprt of vijayanagr empire.
Vijayanagar empire was a feudatary state. When vjyaanagar empire begun to decline
, the mysore state announced its independence. Vadayyar family in mysre ruled the
territory . Hyder ali and tipu became thearm generals of mysore state. Under hydre
ali and tipu sulthan mysore started expanding its territory . Hyder ali and tipu
carried out territorial expansion. The english east india company in the second half
of 18th century begun to think that existence of msore state and its teritorial
expansion would be a great threat to hecommercial interest of english east inia
company.

Reasons :

Hyder ali and tipu wanted to expand the territory . Marathas ,

Mysore state had close relation with the french . The mysore state employed french
personnals in the military service of the msyore state. Even tipu had developed
contact with french monarch . He became the part of Jacobian club that promoted
the idea of freedom and equality in french revolution . Due to its influence a tre
called freedom tree in the srirangapaatanam. The english thought this was danger to
their trading interest which resulted in four anglo mysore wars between 1763 and
1799 . Initially the mysore state got victory . In the second battle hyder ali dies due
to ill health. In the fourth anglo aratah war english east india company kille the . The
important consequences of four wars. Firt and foremost the consequence was
mysore state was restricted to small territory. The second english got many
important territories like trichy , dindigual , malabar, salem , coimbatore. Some
other regiosn were taken by other states syuch as hyderabad.

First battle hyder ali formed a union by hyder ali formed an alliance fought against
english east india company . The arcaut of nawab was part of mysore state - as per
allahad treaty northern sarkear was given to english east india cmpany . This
province concetd madras and bengal through land. This teritory was connecrolled by
hyderabad nizam and nawab of arjkot . They were sad oevr sthi sna joined hands with
mydsore state.Palayam system - Vijaynagar mpire was established in the first half of
14th century by harihara and bukka . The vijayanagar empire came into being to
protect non-muslim rulers in Indian subcontinent. It was the first hindu empire in
the indian subcontinent. The vijayanagar empire continued its rule for more than 2
centuries . It began to decline after thallikotta - 1565 . Four families - sangama ,
thulluva , sulluva . The vijayanagar empire was established to protect non muslim
from madurai sultanate . The kumara prince carried expeditions to southern
territory . He carried expenditions to cholamandalam and konku. He grdually
captured the whole taml region . KUMara kamabana failed to give proper
administration to the south . It was krishna devarayaa , who tried to reorganise the
rule in tamil region . Krishna deva rya tried to reorganise the nayak kindgodm . Three
impotant nayakdoms- senji, thanjavore and madurai . Palaaym in madurai nayakdom .
Madurai nayakar whole of south tamil and thoda travancore. Toa dminiter properly
he introdced palayam system . According to this palayam system , the feudataires of
pandya rulers became the administrative heads of tamil regions known as palayams.
Tamil region divied to 72 palayamas. The feudataries of army became cheige beacme
administrator of palayam

Palayagars/palayamkars carried all administrative functions. The polayagars 1/3rd

reveue to vishwanantha nayakar. When palaykar were reted they wee suborditae to
naykadom in madurai. When weak ruled came in madurai naykdom . The english east
india company started collected as nawb of arcuat gave tax collection rights to
englsih east india company . Ten englsih collectors. Tamil region to many districts and
district collectore to collect taxes. They were two important palayams- tirunelvelli
palayam and sivaganga palayam , revolted against english east india company .

Tirunrlvelli palayam - ruled by kattabommen family. They were feudatires under

andyas. 47th pallayakar veera pandya kattabommen of panchala kuruchi. After 2
years of his rule right was given to englsihe ast india company in 1792 , . The collin
jackson was the collector then of ramnad. Thirunelvelli was under ramnad district.
Many pallayakarars paid taxes to english east india company . Fe including
tirunelvelli did not ay taxes. They fell in arrears. In 1798 , collin jackson send a
offcial communiction asking to pay the arrears. Veerapandya katta bommen refused
to pay t taxes. Collector jackson was even redy to send army to suppress veera
pandya kattabommen . They asked summon to veera pandya katta bommen . Veera
pandya kattta bommen collected arrear and redy to pay the taxes. With collected
revenue . He went to meet the colector when he was in tour in kuttralam but colelctor
refused to meet him . Veerapandya kaatabommen felt that this was great humiliation
. He was even redy to meet in ramnad. After 23 dyas he met in ramnad . It is siad
that veer pandya faced humilitaion unde olccto. Collector was ready to arrest him .
Veera pandya sent etitions to madras government. Sugested that should surrender
to collector first. Veera pandya instead of surrendering himself to collector
prepared his own army . At this point of time there was 1500 soldiers controlled by
army . At the same time , englsih east india company maintained army in maurai ,
travandcore and other regions. They sent armiesi n different directions. Panchala
kuruchi also prepered.Pudukkottai ruler supported english east india company .
Englsh defeated veer apandya katta bomman and hanged him publicly . His brother
voomathurai , maruth brothers in sivagangai palayam gave protection .

This led to war against sivagangai , maru brothers got some powers . Howerever they
were captured and hanged publicly . The punishment to polygarph rulers to establish
their power. Tehre was selective killings . This was the way in which colonial power
was constrcted in Indian subcontinent in genral and tamil in particular.

" south indian rebellion " by K rajayam