Notes
Notes
Notes
UNIT-I
Reforms:
1. Abolition of Sati: Sati, the age-old custom of burning widows alive on their
husband's funeral pyres, was practiced in India since ancient times. This
inhumane social practice was widespread in northern India, particularly in Bengal.
Bentinck was deeply troubled when he learned of 800 cases of sati in a single
year, all of which occurred in Bengal. He was determined to put an end to this
practice, which he saw as an affront to natural justice. As a result, he became a
crusader against it, issuing Regulation XVII on December 4, 1829, outlawing the
practice of Sati. Those who engaged in sati were sentenced as accomplices to the
crime by law courts. The Regulation was extended to the presidencies of Madras
and Bombay in 1830.
At the time of his departure, the treasury had a surplus of Rs.1.5 million as a
result of his financial reforms.
1. Hastings abolished the Dual System that had been established by Robert Clive. In the
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Dual System, the company had Diwani rights (rights to collect revenue) and the Nizam or
Indian chiefs had the administrative authority.
2. The Nawab’s annual allowance of Rs.32 lakh was reduced to Rs.16 lakh.
3. The annual tribute paid to the Mughal Emperor was also stopped.
Revenue Reforms
2. Treasury was moved from Murshidabad to Calcutta. Calcutta became Bengal’s capital in
1772.
3. British collectors were appointed for each district and an Accountant General was also
appointed.
4. Unreasonable fines were done away with and restrictions were placed on the raising of
rent.
Judicial Reforms
2. Civil and criminal courts were established. Two appellate courts were established at
Calcutta, one for civil (Sadar Diwani Adalat) and one for criminal (Sadar Nizamat
Adalat) cases.
4. Muslims were to be tried according to their law in the Koran and Hindus, according to
Hindu laws. A code of Hindu Law, prepared by Hindu Pandits was translated into
English.
Trade Regulations
1. Hastings abolished the system of dastaks which were misused by company officials and
traders earlier.
7
stipulations.
Nawab decided to pay the Company for troop maintenance. He also entered into an
arrangement with the British East India Company. The Nawab agreed to offer military
support to the Company in times of need, and the Company decided to send troops to the
Nawab to protect its borders.
The Company and the Nawab formed a good connection due to this deal.
Awadh was designated as the company’s buffer state.
Reforms in Civils Services: Bribery and corruption were common among the British East
India Company personnel in the middle of the 18th century. After realizing this, Robert
Clive instituted several administrative changes. The following are some of the most
significant civic reforms.
The Company’s servants were requested to sign a contract prohibiting them from taking
presents.
He made the payment of internal duties obligatory and prohibited the Company’s
servants from engaging in private trade practices.
Robert Clive founded the Society of Commerce in August 1765, and it was awarded the
monopoly of trade in salt, betel nut, and tobacco. The earnings from these deals were
divided among the Company’s servants according to their grades.
However, this resulted in a spike in the price of necessities, making life harder for
Bengalis. In 1767, the organization was terminated by Clive.
Reforms in Military: Military officers in Bengal were paid twice as much in Bhatta, or
field allowances, as their Madras counterparts. As a result, in 1763, the Court of Directors
issued an order reducing the double Bhatta that Bengal military commanders were
receiving. The order, however, was not carried out.
In 1765, Clive stated that only military officers serving outside the borders of Bengal and
Bihar would be paid double: Bhatta. This was put into effect on January 1, 1766. Despite
protests from the White Brigades, he carried out the command.
Conclusion: Clive’s political manoeuvrings revealed his foresight. He arranged
agreements that gave the Company full benefits with no risk or additional obligations. On
9
August 16, 1765, Clive signed the Treaty of Allahabad with Shuja-ud-Daula, the then-
Nawab of Awadh. The Mughal emperor gave the English Diwani control over Bengal,
Bihar, and Orissa. The Nawab, on the other hand, kept their Nizamat rights. For over 200
years, Robert Clive’s legacy in India was British control.
Lord Wellesley:
Large-scale expansion of British rule in India occurred during the Governor-Generalship
of Lord Wellesley who came to India in 1798 at a time when the British were locked in a
life and death struggle with France all over the world.
Underlying factors of Wellesley’s policy of expansion
Wellesley wanted to expand the British dominions in India to such an extent that it
should become the sovereign power in India.
His expansionist mind would not remain content with the British remaining one of the
powers in India, as such, he set himself to the task of converting India into an empire of
Britain.
Another aim, which was ancillary to his main objective, was the removal of French
influence from India and to make the possibility of French territorial expansion of India
impossible.
Forces of Wellesley’s policy of expansion
Under him the British East India Company adopted a non-interventionist policy of
subsidiary alliance, assumption of the territories of previously subordinated rulers and
outright wars.
Under the Subsidiary Alliance System used by Lord Wellesley, every ruler in India had
to accept to pay a subsidy to the British for the maintenance of the British army. In
return, the British would protect them from their enemies which gave British enormous
expansion.
The system was extremely advantageous to the British. They could now maintain a large
army at the cost of the Indian states.
The system of subsidiary alliance enabled them to fight wars far away from their own
territories since any war would occur in the territories either of the British ally or of the
British enemy.
They controlled the defence and foreign relations of the protected ally, and had a
10
powerful force stationed at the very heart of his lands, and could, therefore, at a time of
their choosing, overthrow him and annex his territories by declaring him to be
‘inefficient’.
Wellesley’s Administrative Plans
To attain his political goals, Wellesley depended on three methods:
outright wars
the Subsidiary Alliances system
Assumptions of formerly subjugated rulers’ regions
Lord Wellesley pioneered the notion of a subsidiary alliance.
The ruler of the allying Indian State was required under the subsidiary alliance system to
accept the permanent stationing of a British military within his territory and pay a
payment for its maintenance.
Alliance of Subsidiaries
The Indian states effectively gave away their sovereignty by forming a Subsidiary
Alliance.
The right to defend oneself
Resolving issues with its neighbours
Its autonomy
Keeping diplomatic connections intact
Hiring international specialists
UNIT-II
Introduction:
The Revolt of 1857 has been regarded as the ‘First War of Independence’ by the
nationalist historians like V.D. Savarkar. On the other hand, it was a mere ‘Sepoy
mutiny’ according to European historians.
Whatever may have been the nature of the Revolt, it proved to be inspirational force
for the subsequent efforts at national liberation. The rebellion of 1857 had a wider
socio-economic background and it was not a mere manifestation of discontentment
among the Indian soldiers in the British Army.
The capture of Delhi and proclamation of Bahadur Shah as the Emperor of Hindustan
gave a political meaning to the revolt and provided a rallying point for the rebels by
recalling the part glory of the imperial city. Within a month of capture of Delhi, the
Revolt spread to different parts of the country: Kanpur, Lucknow, Bareilly, Banaras,
Allahabad, Jagdishpur and Jhansi. South India remained quiet and Punjab and Bengal
were marginally affected.
The Revolt:
It was the first expression of organised resistance against the British East India
Company
It began as a revolt of the sepoys of the British East India Company’s army but
eventually secured the participation of the masses.
The revolt is known by several names: the Sepoy Mutiny (by the British
Historians), the Indian Mutiny, the Great Rebellion (by the Indian Historians), the
Revolt of 1857, the Indian Insurrection, and the First War of Independence (by
Vinayak Damodar Savarkar).
Nature of the Revolt:
1. Historians have held divergent view about the nature of the outbreak of 1857, British
historians like Kaye, Malleson, Trevelyan, Lawrence, Holmes have painted it as ‘a
mutiny’ confined to the army which did not command the support of the people at
large. A similar view was held by many contemporary Indians like Munshi Jiwan Lal,
12
Moinuddin, Durgadas Bandyopadhyaya, Sir Syed Ahmad Khan among many others.
2. Others described it as a "Religious war against the Christians" or "a racial struggle for
supremacy between the Black and the White."
3. Still others described "a struggled between Oriental and Occidental civilisation and
culture".
4. A few described it the result of "Hindu-Muslim conspiracy to overthrow the British
rule".
5. Some Indian nationalists have called it a wellplanned national struggle and as "the
first war of Indian independence".
6. Unquestionably, the Revolt began as a military rising, but it was not everywhere
confined to the army. (a) Even the army as a whole did not join the revolt and a
considerable section fought on the side of the government. (b) In fact the rebels came
from almost every section of the population. In Oudh it enjoyed the support of the
masses and so also in some districts of Bihar. (c) In the trials of 1858-59, thousands
of civilians, along with the soldiers were held guilty of rebellion and punished.
7. Nor was it a war of races, a struggle between the White and the Black. True, all the
Whites in India, whatever their nationality were ranged on one side, but not all the
Blacks. In the British war-camps Indians served as cooks and looked after the
comforts of the soldiers.
8. Some English historian led by T.R. Holmes popularised the view that the Revolt of
1857 was a conflict between civilisation and barbarism. (a) The explanation smacks
of narrow racialism. During the rebellion both the Europeans and the Indians were
guilty of excesses. (b) If the Indians were guilty of the murder of European women
and in some cases children in Delhi, Kanpur and Lucknow, the record of the British
was equally tarnished by dark deeds which were no less and barbaric that those of the
Indians.
9. Early national leaders, looking for ideals to arouse national consciousness among the
people, reinterpreted the uprising of 1857 as a people’s revolt and its leaders as
national heroes gifted with the vision of a free India. Later national leaders further
developed the theme of the popular character of the Revolt and cited it as a shining
example of the perfect accord and harmony between the Hindus and the Muslims.
13
10. R.C. Majumdar gave his analysis of the revolt of 1857 in his book entitled "The
Sepoy Mutiny" and the Revolt of 1857. (a) The main trust of Majumdar’s argument is
the uprising of 1857 was not a war of independence.(b) He maintains that the Revolt
took different aspects at different places. In some regions it was a mutiny of sepoys
joined later by disgruntled elements eager to take advantage of anarchy. (c) In other
area, the mutiny of sepoys was followed by a general revolt in which apart from the
soldiers, civilians, particularly the dispossessed rulers of Indian states, landlords,
tenants and others took part. (d) In still other parts of the country the civil population
sympathised with the rebels, but kept themselves within bounds of law and did not
take part in overt acts of rebellion.
11. Dr. S.N. Sen believes that the rising of 1857 was a war of independence. He contends
that revolutions are mostly the work of a minority, with or without the active
sympathy of the masses. Such was the case with the American Revolution of 1775-83
and the French Revolution.
12. Unfortunately in India the majority of the people remained disinterested and even
apathetic. The Rebellion of 1857 cannot be invested with a national character. (a)
However, it was not merely a military and even apathetic. The Rebellion of 1857
cannot be invested with a national character.
13. The Marxist interpretation of the Revolt of 1857 as the struggle of the soldier-peasant
democratic combine against foreign as well as feudal bondage which failed because
of feudal betrayal goes off the mark.
14. Rationalist historians on the other hand shifting their focus to oppressive polices of
the British have looked upon in the part of national struggle, but absence of general
plan, lack of sentiments among its leaders are some of arguments that go against the
interpretation.
Political Cause:
British policy of expansion: The political causes of the revolt were the British policy of
expansion through the Doctrine of Lapse and direct annexation.
A large number of Indian rulers and chiefs were dislodged, thus arousing fear in the
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o Rani Lakshmi Bai’s adopted son was not permitted to sit on the throne of Jhansi.
o Satara, Nagpur and Jhansi were annexed under the Doctrine of Lapse.
Doctrine of lapse: The notable British technique called the Doctrine of Lapse was first
perpetrated by Lord Dalhousie in the late 1840s. It involved the British prohibiting a
Hindu ruler without a natural heir from adopting a successor and, after the ruler died or
abdicated, annexing his land. To those problems added the growing discontent of the
Brahmans, many of whom had been dispossessed of their revenues or had lost lucrative
positions.
The rapidly spreading Western Civilisation in India was alarming concerns all over the
country.
An act in 1850 changed the Hindu law of inheritance enabling a Hindu who had
converted into Christianity to inherit his ancestral properties.
o The people were convinced that the Government was planning to convert
Indians to Christianity.
The abolition of practices like sati and female infanticide, and the legislation
legalizing widow remarriage, were believed as threats to the established social structure.
Introducing western methods of education was directly challenging the orthodoxy for
Hindus as well as Muslims
Even the introduction of the railways and telegraph was viewed with suspicion.
Economic Cause
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In rural areas, peasants and zamindars were infuriated by the heavy taxes on land and
the stringent methods of revenue collection followed by the Company.
o Many among these groups were unable to meet the heavy revenue demands and
repay their loans to money lenders, eventually losing the lands that they had held
for generations.
Large numbers of sepoys belonged to the peasantry class and had family ties in
villages, so the grievances of the peasants also affected them.
After the Industrial Revolution in England, there was an influx of British manufactured
goods into India, which ruined industries, particularly the textile industry of India.
o Indian handicraft industries had to compete with cheap machine- made goods
from Britain.
Military Causes
o Indian sepoys formed more than 87% of the British troops in India but were
considered inferior to British soldiers.
o An Indian sepoy was paid less than a European sepoy of the same rank.
They were required to serve in areas far away from their homes.
o In 1856 Lord Canning issued the General Services Enlistment Act which required
that the sepoys must be ready to serve even in British land across the sea.
Immediate Cause
The Revolt of 1857 eventually broke out over the incident of greased cartridges.
o A rumour spread that the cartridges of the new enfield rifles were greased with the
fat of cows and pigs.
o Before loading these rifles the sepoys had to bite off the paper on the cartridges.
Lord Canning tried to make amends for the error and the offending cartridges were
withdrawn but the damage had already been done. There was unrest in several places.
In March 1857, Mangal Pandey, a sepoy in Barrackpore, had refused to use the
cartridge and attacked his senior officers.
o On 9th May, 85 soldiers in Meerut refused to use the new rifle and were sentenced
to ten years’ imprisonment.
Failure:
Limited uprising: although the revolt was fairly widespread, a large part of the
country remained unaffected by it. The revolt was mainly confined to the Doab
region. The large princely states, Hyderabad, Mysore, Travancore, and Kashmir, as
well as the smaller ones of Rajputana, did not join the rebellion. The southern
provinces did not take part in it.
No effective leadership: the rebels lacked an effective leader. Although Nana Saheb,
Tantia Tope and Rani Lakshmi Bai were brave leaders, they could not offer effective
leadership to the movement as a whole.
Limited resources: the rebels lacked resources in terms of men and money. The
English, on the other hand, received a steady supply of men, money and arms in
India.
No participation of the middle class: The English educated middle class, the rich
merchants, traders and zamindars of Bengal helped the British to suppress the revolt.
Result:
End of company rule: the great uprising of 1857 was an important landmark in the
history of modern India.
o The revolt marked the end of the East India Company’s rule in India.
Direct rule of the British Crown: India now came under the direct rule of the
17
British Crown.
o The Indian administration was taken over by Queen Victoria, which, in effect, meant
the British Parliament.
o The India office was created to handle the governance and the administration of the
country.
Religious tolerance: it was promised and due attention was paid to the customs and
traditions of India.
Administrative change: the Governor General’s office was replaced by that of the
Viceroy.
Military reorganisation: the ratio of British officers to Indian soldiers increased but
the armoury remained in the hands of the English. It was arranged to end the
dominance of the Bengal army.
Conclusion: The revolt of 1857 was an unprecedented event in the history of British rule
in India. It united, though in a limited way, many sections of Indian society for a common
cause.Though the revolt failed to achieve the desired goal, it sowed the seeds of Indian
nationalism.
Brahmo Samaj:
Brahmo Samaj was a monotheistic section of Hinduism founded by Raja Ram
Mohun Roy in 1828. Brahmo Samaj Movement is one of the significant reform
movements in India that aims to bring a renaissance to Bengal by fighting against
the prevailing evil practices in the society, particularly the practice of Sati and the
caste system, and emphasising the educational, religious, and social reform.
18
Brahmo Samaj was the first intellectual movement to eradicate bad practices of
society successfully. Brahmo Samaj is one of the most powerful socio-religious
movements in India. It was launched in Bengal in 1828. Brahmo Samaj played an
important role in stamping out the dowry and caste systems, aiming to encourage
women’s empowerment. With its success in achieving its objectives, it became a
pioneer contributor to Bengal Renaissance.
Opposition to idolatry.
Brahmo Samaj focused on reforming the Hindu Society by fighting against the
religious and social evils that were a part of one’s daily life. The principles of
Brahmo Samaj are-
Scripture- There was a belief that the prophets, scriptures, and mediators existed
between the human soul and Brahmans. But, Brahmo Samaj doesn’t believe in the
idea of a mediator and also condemns the doctrine of Karma and rebirth,
depending on personal preference.
Knowledge- It believes that one of the major reasons for the existence of social
and religious beliefs is illiteracy. So, it embraces the truth, free will, and
knowledge. Brahmo Samaj also opposes the idea of forcing religious beliefs and
sectarianism.
Liberation- People believed in the concept of Mukthi, but Brahmo Samaj doesn’t
follow such thinking but believes that the soul is immortal and poised to become a
part of Brahman. The concept of heaven and hell was also not supported by the
Brahmo Samaj.
Love- According to the Brahmo Samaj, all the creations must be respected and
treated equally, but it doesn’t want its followers to worship anyone.
Indian Renaissance:
The Indian Renaissance refers to the socio-cultural, religious, and intellectual awakening
that took place in India during the 19th century. This period witnessed a revival of Indian
culture, traditions, and knowledge systems, which played a crucial role in shaping the
national identity.
Spread of Western Education
The introduction of Western education and English led to the rediscovery of ancient
Indian texts, history, and philosophies.
This created pride in Indian cultural heritage and shaped a distinct Indian identity. E.g.
20
Arya Samaj:
Intro- Arya Samaj is a Hindu monotheistic socio-religious movement established by
Swami Dayananda Saraswati in 1875 in Bombay, India. It supports the practices and
principles based on the authority of Vedas and its importance in the Hindu religion to
bring back the true spirit of Hinduism among the masses based on 2 basic tenets-
Monotheism and Infallible authority of the Vedas. Arya Samaj successfully brought
educational, spiritual, religious, and social changes to British India.
Arya Samaj became a catalyst for change, that challenged prevailing social practices and
advocating for the empowerment of individuals through self-improvement and education.
Arya Samaj- Arya Samaj was the first reform movement that practiced proselytization.
Arya Samaj’s followers believed in God’s extreme superiority and condemned idol
worship. According to the Arya Samaj, Vedas are the ultimate source of knowledge, and
every Hindu must read and recite Vedas.
21
Swami Dayananda Saraswati founded the Arya Samaj on April in 1875. He established
the Arya Samaj based on 2 basic tenets and these were:
Monotheism
Infallible authority of the Vedas.
Dayananda Saraswati was against the role of the priest in Hinduism. He also warned
society against the contributions made to the priests. He emphasized the concept of One
God and condemned the practice of idol worship.
He was strongly against the diversification of castes. He thought caste assortment was
one of the major reasons for conversing the lower castes to Islam and Christianity at that
time.
Dayananda Saraswati was the founder of the Vedic schools to educate all the castes’
males and females. They give free shelter, clothes, food, literature, Knowledge of Vedas,
and other ancient writings. He pushed society against the evil of untouchability and
inequalities of caste.
Dayananda Saraswati established the Dayanand Anglo Vedic Trust and Management
Society in Lahore in 1886 to stop the division of samaj and make the operations of the
samaj a success. He worked for the better status of women and the protection of widows.
Dayananda Saraswati focused on humanity and assisted the victims because of artificial
and natural disasters. He was a famous novelist. His notable work included Satyartha
Prakash, Rig Veda Bhashyam, Rig Veda Bhashyam, and much more. Along with
Sanskrit, his books were published in foreign languages like English, French, Arabic,
Swahili, German, and Chinese.
Features of Arya Samaj
Arya Samaj was a socio-religious reform sabha that Swami Dayananda Saraswati
founded to bring back the idea of Vedas in the Hindu religion. The key features of the
Arya Samaj are as follows-
Arya Samaj believes that the Veda is not liable to mislead or deceive and thus regarded as
the Knowledge’s ultimate source and spreads the truth. It must be read and recited by an
Aryan.
The founder was of the thought that Puranas (the post-Vedic texts) were the major
reasons that led to the heresy of the Vedas. So, the samaj was against these post-Vedic
22
tests.
Arya Samaj believes God is the supreme power and the primary source of all Knowledge.
It states that God is one and doesn’t hold a physical existence. With this thought, Arya
Samaj opposed Idol worship of God and was against the idea of reincarnation.
The founder of Arya Samaj does not believe in the concept of destiny Niyati (fate). It
supported the concept of Soul transmigration and Karma.
It strongly condemns the domination of Brahmins over the spiritual and social life of
Hindus. It doesn’t believe that Brahmins are the connectors between the almighty and
humans.
It supports the idea of the Four Varna System, which works based on merit instead of
birth.
It believes in equality in the position of a man concerning the social lives and spirituality
of Hindus.
Just like other social reforms, Arya Samaj enhanced female education system in India.
Worked for widow remarriages and fought for the practice of Sati, child marriage and
polygamy.
Arya Samaj believed in women’s equality and advocated gender equality against women.
It supported spreading the Sanskrit and Hindi languages among the masses by providing
good education. It worked phenomenally for educating people, especially women.
It was strongly against the cruel practices of Animal sacrifices, feeding the dead through
sraddhas, religious pilgrimages, sorcery and charms, and other prevailing sins.
o As per Dayananda Saraswati, all these evil practices prevailing in the society were
because of the lack of understanding of Vedic Knowledge. So, if there was a need
to educate man, for this, Arya Samaj established the Vedic Schools in India.
Principles of Arya Samaj
Arya Samaj was established to bring Vedic Knowledge to the masses. It has the
following guiding principles:
Almighty God creates the Universe. He is Immortal and omnipotent. Thus, It the God
alone that deserves to be worshipped.
God creates all Knowledge.
The genuine scriptures of wisdom are the Vedas.
23
A true Arya must always be ready to reject the lies and embrace the truth.
Dharma must be the guiding concept for the activities. This means that one should
carefully consider what is evil and what is wrong.
Arya Samaj aims to promote every individual’s social and physical well-being.
Every individual needs to be treated with respect, justice, and compassion.
A person must accept Knowledge and avoid ignorance.
Every person must take care of their welfare. But, he must consider the welfare of others
as well.
Rather than thinking about an individual’s well-being, one must think about the collective
well-being of humanity.
• The service actions are based on the message of "Jiva is Shiva" from Ramakrishna and
Vivekanand message of "Daridra Narayana" to specify that service to poor is service to God.
• The Principles of Upanishads and Yoga in Bhagavad Gita explained in the light of
Ramakrishna's Life Teachings is the main source of inspiration for the Mission.
• The service activities are rendered looking upon all like a real manifestation of the Divine.
The Motto of the organization is Atmano Mokshartham Jagad-hitaya Cha. It means 'for one's
own salvation, and for the good of the world'.
C) Area of Social Activities
The principal workers of the mission are the monks. The mission's actions cover the
following areas:
• schooling
• wellbeing and health care
• Cultural activities
• Rural support
• Tribal welfare
• Youth movement etc.
D) The important social activities
• Hospitals, charitable dispensaries, maternity clinics, tuberculosis clinics, and mobile
dispensaries.
• Training centres for nurses.
• Orphanages and homes for the elderly are included in the mission's field of activities, along
with rural and tribal welfare work.
• Renowned educational institutions in India, haying its own university, colleges, vocational
training centres, high schools and primary schools, teacher-training institutes, as well as
schools for the visually handicapped.
• Disaster relief operations during scarcity, epidemic, fire, flood, earthquake, storm and
communal disturbances.
• The installation of photovoltaic (PV) lighting systems in the Sundarbans region of West
Bengal. The PV lighting was used to supply electricity to the people who were depending on
kerosene and diesel.
25
Ramakrishna mission was a part of religious and holy teaching. At the same time, the
organization carries out extensive educational and charitable work in India. This aspect is the
important feature of many other Hindu movements. The mission bases its work on the
principles of karma yoga, the code of unselfish work done with dedication to God.
Prarthna Samaj:
The Prarthana Samaj was established in Bombay by Dr. Atma Ram Pandurang in 1876
with the objective of rational worship and social reform.
The two great members of this Samaj were R.C. Bhandarkar and Justice Mahadev
Govind Ranade.
o They devoted themselves to the work of social reform such as inter-caste dining,
inter-caste marriage, widow remarriage and improvement of the lot of women and
depressed classes.
The four point social agenda of Prarthana Samaj were
Theosophical Society:
It accepted the Hindu beliefs in reincarnation and karma, and drew inspiration
from the philosophy of the Upanishads and samkhya, yoga and Vedanta
schools of thought.
The society also sought to investigate the unexplained laws of nature and the
powers latent in man.
In India, the movement became somewhat popular with the election of Annie
Besant (1847-1933) as its president after the death of Olcott in 1907.
o The college became the nucleus for the formation of Banaras Hindu
University in 1916.
o Annie Besant also did much for the cause of the education of
women.
Significance:
o Viewed from another angle, the Theosophists also had the effect of
giving a false sense of pride to the Indians in their outdated and
sometimes backward looking traditions and philosophy.
28
UNIT-III
INDIAN NATIONALISM
Introduction:
Nationalism is a complex and multidimensional idea that has influenced politics and
human history for a long time. It can be characterized as a strong sense of allegiance
and dedication to one’s country or nation, which is frequently exemplified by a shared
culture, language, religion, and history. The desire for independence, sovereignty, and
self-determination is frequently linked to nationalism.
Nationalism can take many different forms, from the preservation of culture and
languages to political and economic independence. It can either be a unifying force
that brings people together around common values and aims or a dividing factor that
pits various groups against one another in the name of advancing their own interests.
A sense of identification and belonging is one of the main forces behind
nationalism.... Read more at: https://www.studyiq.com/articles/rise-of-nationalism-in-
india/
Indian Nationalism:
Indian Nationalism arose to meet the challenge of foreign domination. The very
nature of the British rule facilitated the growth of national sentiment among the
Indian people. It was the British rule and its consequences, direct and indirect, which
supplied the necessary conditions, materials, moral and intellectual conditions for the
rise of a national movement in India.
British rule over India has been in place for a very long period. They subjected
Indians to various forms of torture and also stole their possessions and riches for their
own purposes. Despite their poor living conditions, the Indians were not tolerant and
frequently battled for their freedom. Before 1885, every battle or uprising they
organised ended in failure, if not in totality. By 1900, Indians’ feeling of nationalism
was thriving, and they banded together to defend their rights.
Bal Gangadhar Tilak and Surendra Nath Banarjee are regarded as the founders of
nationalism.
29
Vernacular languages: Vernacular languages saw a comeback in the 19th century as well.
This aided in spreading among the general public the notions of liberty and rational
thought.
End of the old social order: The previous socioeconomic structure of the nation came to
an end under British imperialism. This angered a lot of Indians.
Infrastructure: The British attempt to develop roads, railroads and telegraphic networks in
India was intended to increase communication between sites and the convenience of
transit of their troops in order to quash any insurrection. However, the infrastructure
eventually allowed Indians to contact individuals from other cultures and groups, which
heightened their fury. As a result, the concept of nationalism spurred Indians to embrace
the Indian National Movement.
that killed thousands of people frequently occurred. This fostered the roots of a desire for
freedom from foreign domination and produced a painful sense of suppression as a result.
Political unity: Most of India was united under a unified political system during the
British rule. All regions adopted a single, integrated administrative structure. Due to this
aspect, Indians began to experience a sense of “oneness” and nationalism.
Growth of the modern press: The Indian press expanded during this time, both in English
and in the country’s indigenous tongues. This was a significant element that contributed
to the spread of information.
Lord Lytton’s policies: From 1876 to 1880, Lord Lytton served as the Viceroy of India.
South India experienced a famine in 1876 that resulted in the deaths of about 10 million
people. His trading practises came under fire for escalating the famine. Additionally, he
organised the great Delhi Durbar in 1877, spending a considerable sum of money at a
time when many people were starving to death.
The Vernacular Press Act of 1878, which Lytton also approved, gave the government the
right to seize publications that published “seditious material.” He also enacted the Arms
Act of 1878, which made it illegal for Indians to possess any form of weapon without a
permit. Englishmen were excluded under the law.
Legacy of the Revolt of 1857: There was intense racial hostility between the British and
Indians following the Revolt of 1857 and the British’s harsh suppression of it.
Ilbert Bill controversy: In 1883, the then Viceroy Lord Ripon and Sir Courtenay Ilbert,
the legal adviser to the Council of India, proposed the Ilbert Bill, which gave Indian
judges the authority to hear complaints against Europeans. However, there was a
significant backlash against this measure from British citizens in Britain and India. The
31
arguments raised in opposition to this law revealed the English’s pervasive racial
prejudice against Indians. Additionally, this made educated Indians aware of the true
nature of British colonialism.
National movements outside the country: The French Revolution, the American War of
Independence, and other international national movements were among the many that
influenced Indian nationalists
India was significantly impacted by the emergence of nationalism in that nation. In 1947,
an independent Indian state was created as a result, ending British authority in India.
Given that many of the important players in Indian politics were also nationalist leaders,
the nationalist movement also had a significant impact on how the political landscape of
the nation was shaped.
Indian society was significantly impacted by the nationalism movement. It was crucial in
advancing social transformation and spreading knowledge about topics like caste
prejudice and gender inequity. Many of the most prominent nationalist leaders were also
social reformers who fought for the rights of underrepresented groups of people.
In contemporary India, the nationalist movement’s legacy is still evident. The democratic
and secularist ideals, which were supported by the nationalist movement, are the
cornerstones of the nation’s political structure. Many of the recent social and economic
improvements that have occurred in the nation were also made possible by the
movement.
Conclusion:
India’s rise to nationalism has been a complicated and intricate one. India has been the
centre of a wide variety of nationalist groups, each with its own distinct set of objectives
and ideas, from the early 20th century to the present.
While the Indian nationalist movement was crucial in winning independence from British
control and influencing the nation’s politics and history, it has also had its fair share of
difficulties and controversies. Hindu nationalism and cultural nationalism have been
32
more popular in recent years, which have exacerbated polarisation and tensions amongst
various ethnicities.
In the end, how the nation’s leaders and population choose to deal with these issues will
determine the course of nationalism in India. We must all fight to create a society that is
more diverse, tolerant, and democratic while also recognising the depth and complexity
of Indian culture.
Objectives of INC:
Nature of INC:
1. The INC was the first national political movement in India, and its principal
objective was to increase Indian participation in political affairs.
2. It later upgraded its goal to complete independence. It became a significant
political force in the nation after gaining independence.
3. The INC was a moderate organisation in its early years, limiting its strategies
to constitutional debate and tactics.
4. Its demands were restricted to raising the proportion of Indians serving in the
military and administration and were still loyal to British throne.
5. The party's demands and methods eventually became increasingly severe
demanding complete expulsion of British rule from India.Their main aim was
to secure complete Swaraj or self-rule.Thus, the party was divided
into moderates and extremists, respectively.
35
The Indian National Congress (INC) passed various resolutions at its annual
meetings between 1885 and 1905. Civil rights, executive branch, constitutional, and
economic issues were among the modest requests of Congress throughout the
resolution.
Conclusion: This was followed by advent of Gandhian Era with his return in 1915.
36
Gandhi joined the Indian National Congress (INC) and was introduced to Indian
issues, politics and the Indian people primarily by Gokhale. The major incidents
during the Gandhian Era shaped the struggle for Indian independence.
37
UNIT-IV
Movements:
1. Champaran Satyagraha
2. Rowlatt Satyagraha:
In March 1919, the Rowlatt Act, also known as the Anarchical and Revolutionary
Crimes Act of 1919, was approved. With this bill, the Imperial Legislative
Council gave the British government the authority to arrest anyone accused of
terrorism. It also authorised Britishers to detain people for up to two years without
trial. In addition, the police have been given permission to search any location
without a warrant. In April 1919, Gandhi launched a nationwide Satyagraha
movement against the act. It received a massive response with people already
suffering from poor socio-economic conditions, coming out in support from all
across the country. In March 1922, the Rowlatt Act and 22 other acts were
repealed by the government.
cooperation and civil disobedience, and his leadership united the Indian masses and
forced the British to confront the demands of the Indian people. Gandhi's legacy
continues to inspire people all over the world to fight for justice and freedom.
(a) Caliph Sultan must retain sufficient territories so that he is able to defend the
Islamic Faith.
(b) The places which are called Jazirat-ularab, including the Arabia, Syria, Iraq and
Palestine must remain under Muslim suzerainty.
Congress stand on Khilafat Issue:
It was quite clear that the support of the Congress was essential for the Khilafat
movement to succeed. However, although Gandhi was in favour of launching
Satyagraha and non-cooperation against the Government on the Khilafat issue, the
Congress was not united on this form of political action.
Later, however, Gandhi was able to them get the approval of the Congress for his
programme of political action and the Congress felt inclined to support a non-
cooperation programme on the Khilafat question because:
(a) It was felt that this was a golden opportunity to cement Hindu-Muslim unity and
to bring Muslim masses into the national movement; now different sections of society
—Hindus, Muslims, Sikhs, Christians, peasants, artisans, capitalists, tribals, women,
students—could come into the national movement by fighting for their own rights and
realising that the colonial rule was opposed to them;
(b) The Congress was losing faith in constitutional struggle, especially after the
Punjab incidents and the blatantly partisan Hunter Commission Report;
(c) The Congress was aware that the masses were eager to give expression to their
discontent.
Non-Cooperation Movement:
The Non-cooperation Movement was launched on 5th September 1920 by the Indian
National Congress (INC) under the leadership of Mahatma Gandhi. In September
1920, in Congress session in Calcutta, the party introduced the Non-Cooperation
programme. The period of the non-cooperation movement is taken as September 1920
to February 1922. It signified a new chapter in the history of the Indian freedom
struggle.
Mahatma Gandhi was the main force behind the non-cooperation movement. In
March 1920, he issued a manifesto declaring a doctrine of the non-violent non-
cooperation movement. Gandhi, through this manifesto, wanted people to:
41
Features of NCM:
Surrender of titles and honorary positions.
Resignation of membership from the local bodies.
Boycott ofForeign goods; Elections held in accordance with the provisions of the
1919 Act; Courts, Government functions and legal practise; government schools
and colleges.
o Thousands of volunteers went from house to house, trying to persuade people
of the importance of adopting Swadeshi. The foreign-made clothing was
gathered and set ablaze.
Boycott of legislative councils (There were differences over boycott of councils).
The boycott movement against liquor and toddy shops
People were asked to withdraw their children from government-controlled or
aided schools and college
National schools, colleges, and private panchayat courts were established. Kashi
Vidyapeeth, Bihar Vidyapeeth, and Jamia Millia Islamia were established.
Popularising Swadeshi goods and Khadi.
Maintenance of Hindu-Muslim unity and practice of strict nonviolence.
Promotion of Charkha and Khadi and Jail Bharo Andolan by Congress volunteers.
Tilak Swaraj Fund was announced by Gandhi, which aimed at collecting Rs 1
crore to aid constructive work
The INC also demanded Swarajya or self-government.
Withdrawal of NCM:
Gandhiji called off the movement in February 1922 in the wake of the Chauri Chaura
incident. In Chauri Chaura, Uttar Pradesh, a violent mob set fire to a police station
killing 22 policemen during a clash between the police and protesters of the
movement.
Gandhiji called off the movement saying people were not ready for revolt against the
government through ahimsa. Several leaders like Motilal Nehru and C R Das were
against the suspension of the movement only due to sporadic incidents of violence.
Significance of the NCM:
Though the non-cooperation movement did not succeed and was suddenly called off,
43
it had a significant impact on the Indian freedom struggle. It played a significant role
in generating and spreading anti-imperialist consciousness among Indian people.
Hindu-Muslim unity: Gandhi opined that the realisation of Swarajya lies in the
proper resolution of the Mahomedan question. This effort led to
an unprecedented Hindu-Muslim unity, reflected in the ensuing mass
mobilisations against colonial rule. It also paved the way for Gandhi to become
the main protagonist of secularism.
Issue of social justice: The non-cooperation movement introduced the issue
of caste discrimination and untouchabilityto national politics and made
Gandhi an important leader for social justice.
Mass participation: The Khilafat and NCM witnessed extensive participation
from the Indian masses from all walks of life, including peasants, workers,
students, teachers, women and professionals. The long-standing grievances of
the working masses against the British, as well as the Indian masters, were given
an outlet through this movement. Gandhi’s emphasis on non-violence introduced
women in large numbers into the freedom struggle. Thus, it proved to be a mass
mobilisation in the true sense.
National consciousness: The most significant success of the movement was the
creation of political and social consciousness and nationalism in Indians.
Inspiration for subsequent movements: The success and impact of these
movements paved the way for subsequent movements such as the Civil
Disobedience Movement and the Quit India Movement.
Introduction: In the year 1930, under the leadership of M.K. Gandhi, the Civil
Disobedience Movement began. Civil Disobedience Movement was a milestone
movement in the Indian Nationalist Movement. It is associated with paving the trail
for freedom in India as it got circulated to urban areas and noticed the participation of
women and individuals from the lower castes. The movement was initiated under the
stewardship of Mahatma Gandhi. The Civil Disobedience Movement was founded in
1930, and it began with the prominent Dandi March when Mahatma Gandhi left the
Sabarmati Ashram of Ahmedabad on foot. The Civil Disobedience Movement in
India was a time when people decided not to follow some rules made by the
government on purpose and without causing any harm.
Causes:
o Salt Tax: The British salt tax was a severe burden on the Indian population,
particularly the poor. The British monopoly over the production and sale of salt
was seen as a stark example of their exploitative economic policies.
o Simon Commission: The commission, sent to India in 1928 to recommend
constitutional reforms, was boycotted and widely criticized by Indians for its all-
British composition.
o Demand for Purna Swaraj: The Indian National Congress's declaration of Purna
Swaraj, or total self-rule, on 26th January 1930, was a critical precursor to the
Civil Disobedience Movement.
o Repression by British Government: The harsh and repressive measures taken by
the British government, including the Rowlatt Act, further fuelled the Indian
populace's anger and frustration.
Features:
o Mass Participation: The movement witnessed participation from a vast section
of society, making it a mass movement in the truest sense. Peasants said no to
paying revenue and Chowkidari taxes, and village officials resigned from their
posts. Forest people violated forest laws in many places; they started
entering Reserved Forests to collect wood and graze cattle. Foreign clothes were
boycotted, and there were protests against the liquor shops.
o Non-Violent Nature: True to Gandhi's philosophy of Satyagraha, the movement
45
Withdrawal of CDM:
46
The civil disobedience movement came to end because of the Gandhi-Irwin pact. It
was signed by Mahatma Gandhi and the then Viceroy of India, Lord Irwin on 5 March
1931.
Withdrawal of all laws issued by the British Government forcing checks on the
exercises of the Indian National Congress.
Conclusion: The CDM had several limitations such as, Dalits’ participation in the Civil
Disobedience movement was limited, except in Maharashtra. Muslim political
organizations in India were also Lukewarm in responding to the Civil Disobedience
Movement. ongress was very close to Hindu Mahasabha. Hindus Mahasabha strongly
opposed the compromise efforts between Congress and the Muslim League. United
struggle was not there. There was a contrast between the demands of industrialists and
the working class and the rich and poor peasants
Gandhiji gave the call “Do or Die” in his speech delivered at the Gowalia Tank
Maidan, now popularly known as August Kranti Maidan.
The Quit India Resolution was passed by the Congress Working Committee on 8
August 1942 in Bombay. Gandhi was named the movement’s leader.
The resolution stated the provisions of the movement as:
1. An immediate end to British rule over India.
2. Declaration of the commitment of free India to defend itself against all kinds
of imperialism and fascism.
3. Formation of a provisional government of India after British withdrawal.
4. Sanctioning a civil disobedience movement against British rule.
Causes:
Failure of Cripps Mission: The immediate cause for the movement was the
collapse of Cripps Mission.
Under Stafford Cripps, the mission was sent to resolve the Indian question
of a new constitution and self-government.
It failed because it offered India not complete freedom but the Dominion
Status to India, along with the partition.
Indian Involvement in World War II without prior consultation:
The British assumption of unconditional support from India to the British
in World War II was not taken well by the Indian National Congress.
Prevalence of anti-British Sentiment:
The anti-British sentiments and demand for full-independence had gained
popularity among indian masses.
Centralisation of Many Small Movements:
The two decades of mass movement which were being conducted on a much
more radical tone under the leadership of the various associated and affiliated
bodies of the Congress, like All India Kisan Sabha, Forward Bloc etc. had
already prepared the ground for the movement.
Shortage of Essential Commodities:
The economy was also in shatters as a result of World War II. The war-
time difficulties such as high prices of essential commodities fostered
48
Features:
1. Government servants: do not resign your job but proclaim loyalty to the INC.
Demands:
The demand was to end the British rule in India with immediate effect to get
the cooperation of Indians in World War-II against fascism.
First Phase:
o First Phase, urban revolt, marked by strikes, boy cott and picketing (protesting),
which were quickly suppressed.
o There were strikes and demonstrations all over the country and workers
provided the support by not working in the factories.
o Gandhiji was soon imprisoned at Aga Khan Palace in Pune and almost all
leaders were arrested.
Second Phase:
49
Third Phase:
Result:
o Over 100000 people were arrested in connection with this movement. The
government resorted to violence in order to quell the agitation. They were mass
floggings and lathi charges. Even women and children were not spared. About
10000 people died in police firing in total.
o The Quit India Movement ignited the desire for complete freedom among Indians.
Furthermore, Britain’s changing power equation in world politics post World War
II and the increased cost of managing India eventually led to the complete
freedom of India on August 15, 1947.
Conclusion:
The movement placed the demand for complete independence at the top agenda of the
freedom movement. This movement eventually paved the way for Indian
Independence and the Indian Independence Act was passed by the British
Parliament on July 5, 1947.
50
UNIT-V
administration of justice. The model for this court was taken from the English Court of
Westminster
As a result, the executive government’s powers were severely constrained, resulting in
antagonism and frequent disputes between the Supreme Court and the Supreme Council.
The disputes between these two primary institutions of the Company’s governance in
India were finally settled following the Settlement Act of 1781, which made the Council
independent of the Supreme Court’s jurisdiction
Settlement Act of 1781- The British Parliament approved the Act of Settlement 1781 on
July 5, 1781, to correct the flaws in the 1773 regulating act. The Act of Settlement’s main
purpose was to define the relationship between the Supreme Court and the Governor-
General in Council
Third Phase
The Company took over the administration of justice in Bengal by implementing the
‘Adalat System’ in the mofussils. This is the third phase in the growth of the Indian
Judicial System or Anglo-Indian legal history. The Adalats were first manned by the
Company’s British executive civil officials who lacked legal expertise
They saw the judicial activity as a secondary role of lower importance because they were
essentially executive officials of the Company’s government. However, throughout time,
the administrative and judicial duties in civil issues were separated, while the
administration of criminal justice remained in the hands of the government
As a result, the Collector-Magistrate played a crucial role in the Indian Government’s
civil administration as well as the criminal justice system
The Adalat System was eventually expanded to include the Company’s newly acquired
areas in India
Fourth Phase
With the formation of High Courts under the High Courts Act of 1861, the next chapter
of India’s legal history is distinguished by the unification of the dual system of courts that
existed in the Presidency cities and countryside into a single one
The judicial system in Presidency cities was mostly based on English law with a
distinctly British flavour, whilst the Adalat system in Mofussil lands outside of
Presidency towns was based on traditional Hindu and Muslim laws
52
The High Court was established in an attempt to streamline the legal system by removing
the Supreme Court and the Sadar Adalats of Presidency Towns. As a result, as Dr. M. P.
Jain correctly points out
These High Courts are, without a doubt, the forerunners of India’s contemporary legal
and judicial system. Calcutta, Madras, and Bombay were the first to create High Courts,
which were eventually expanded to other Northern and Western Provinces
Fifth Phase
The advent of the ‘Privy Council’ as India’s highest court of appeal marks yet another
significant step forward in the Indian judicial system. Privy Council encouraged the
creation of uniform laws in India and encouraged courts to uphold high judicial standards
in carrying out their duties as justice dispensers
Privy Council is one of the main identifiers of this phase
After the establishment of the First Law Commission in 1833, which began the process of
codifying Indian laws to guarantee uniformity and clarity in the administration of justice,
the proliferation of laws became increasingly visible. The work of codifying India’s
principal laws was taken on by the Second and Third Law Commissions.
Various Reforms:
1. Judicial Plan of 1772: The Judicial plan of 1772 developed by Warren Hastings
introduced the concept of Adalat System. The Judicial plan of 1772 divided the areas of
Bengal, Bihar and Orissa into several districts. As per the Judicial plan of 1772 the
divided districts were appointed with a collector in charge of the administration work.
The company servants were appointed as Collectors.
The Collectors were granted the power to collect revenue and were also empowered the
authority to serve as justice in courts and grant justice. The 1772 Plan was drafted by
Warren Hastings and he was a able administrator the plan of 1772 introduced the Adalat
system and the judicial powers were being separated from the Zamindars.
Small Cause Courts:
The small cause courts were located in every village or pergunnah and dealt with small
or petty cases. The courts had a jurisdictional capacity to handle cases up to the value of
Rs:10. These courts were headed by the head of the village or the head farmer of the
53
respective village.
Mofussil Diwani Adalat Courts:
The Mofussil Diwani Adalat Courts were to established in each & every district and
handled importantly revenue and civil cases. These courts particularly addressed matters
like marriages disputes, inheritance and disputes relating to partition, castes disputes,
debt issues and disputes related to loans &their repayment, contracts disagreements,
property and partnership disputes.
These courts were equipped with the jurisdictional authority to handle cases of having
value up to Rs 500 and in such cases, appeals were not allowed. Collector of the district
presided as the judge of this court and he was assisted by native law officers such as the
Kazis and Pundits. The Kazis and Pundits used to assist the judge or the collector when
they did not have knowledge about the personal laws of the Hindus and Muslims.
Mofussil Nizamat Adalat Courts:
These Mofussil Nizamat Adalat Courts were also called as Fauzdari Adalat's. These
courts were established in each and every district but dealt exclusively in criminal cases.
The Mofussil Nizamat Adalat Courts did not have the jurisdictional power to grant death
sentences or equipped with the power to forfeit accused property. In the earlier
mentioned instances, they required the approval of Sadar Diwani Adalat courts for final
orders.
These Mofussil Nizamat Adalat Courts were presided only by the Muslim law officers.
The Moulvi as a law officer used to expound the law, while the Kazi as a law officer and
the Mufti as a law officer used to give Fatwa and render the judgment accordingly. But
alongside these officers of law, collectors played the role of a supervisor. He made sure
that all the necessary witnesses were being heard and all the cases were tried regularly
and that the judgments were impartial.
Sadar Diwani Adalat Courts:
Sadar Diwani Adalat Courts were considered to be the apex court to address all civil
disputes in the province. These courts were equipped with the authority to have original
as well as appellate jurisdiction. These Courts heard appeals from Mofussil Diwani
Adalat Courts. These courts were equipped with the authority to hear matters involving
dispute of over Rs 500.
54
These Courts levied a charge of five percent of the amount of dispute on the concerned
petition or appeal. Adar Diwani Adalat Courts were presided by the governor and his
council. Sadar Diwani Adalat Court was established in the presidency town of Calcutta.
The Court had its first trial on 17th March, 1773.
Sadar Nizamat Adalat Courts:
Sadar Nizamat Adalat Court was the apex court for providing justice in criminal cases in
the province. These Courts have the authority to deal in both original as well as appellate
jurisdiction.
These Courts have the final authority to decide over cases of death sentence and
forfeiture of property. In cases of death sentence, the death warrant was drafted by the
Sadar Nizamat Adalat Court and it was to be signed by the Nawab as the head of the
Nizamat providing his approval.
2. Reforms under Lord Cornwallis (1786-1793 AD)
Lord Cornwallis was Governor General from the year 1786 to 1793 and his most noted
work was in the field of criminal judicature. He introduced changes in the judicial
system in three years – 1787, 1790 and 1793. These were known as Judicial Plan of
1787, 1790 and 1793 respectively.
Judicial Plan of 1787
1. Reorganisation of districts
The number of districts in Calcutta were reduced from 36 to 23.
2. Appointment of collector
A collector was appointed in each district. He was an Englishman. Collector was
assigned with two tasks – to collect revenue and to decide cases arising out of revenue
matter.
He also presided over the mofussil diwani adalat (district level civil court) as a judge. In
mofussil diwani adalat, he would decide civil cases and cases of zamindars. Appeals
from the mofussil diwani adalat lay to the Sadr Diwani Adalat when the matters
exceeded Rs.1000/-. The Sadr Diwani Adalat was presided was the Governor General.
He also presided over the Magistrate’s Court as a Magistrate, where he was empowered
to try and punish cases of petty crimes and offence upto Rs. 200. Offences having value
of more than Rs.200 would be sent to the Sadr Nizamat Adalat by the Magistrate.
55
Magistrate, Mal Adalat and Mofussil Diwani Adalat; and send it to the British
Parliament of England bi-annually and annually.
6. The Post of Nawab was abolished
The post of Nawab, who used to preside over Sadr Nizamat Adalat was abolished as he
did not carry out criminal justice properly and it was now presided by the Governor
General-in-council instead.
7. Court Fees
Court fees was introduced to reduce the burden on courts. Court fees was only charged
for pleaders of the court and for calling the witnesses of the case.
8. Questionnaire sent to the Magistrates
A questionnaire was sent to the magistrates asking for their opinions on the prevailing
criminal judicial system.
Defects of the Judicial Plan of 1790
The magistrates’ opinions in the questionnaire sent to them revealed the evils of the
criminal justice system. This made Cornwallis realize that certain vital changes were
required in the system of criminal justice.
Two important sources of these evils were-(i) defects in the constitution of the criminal
courts (ii) the gross defects in the Muslim law of Crimes.
Cornwallis resolved to abolish the authority of Nawab over the criminal judicature and to
transfer the administration of criminal justice from Muslim Law officers to the
Company’s legal servants.
Court of Circuits were moving courts which were overburdened with cases, which
caused them delay in moving from one district to another and could not visit some
districts twice annually due to the delay.
There was a lot of collective power of administration and judiciary vested with the
collector which made him abuse his power.
Judicial Plan of 1793
1. Separation of Executive and the Judiciary
The powers vested in the collector were administrative and judicial as he was also in
charge of collection of revenue and for deciding cases arising out of revenue matter.
Now, the collector was only responsible for the collection of revenue.
57
It was highest court of appeal in India. It was presided over by the Governor General and
the Council who were the Judges of the Sadr Diwani Adalat. Their function was to
supervise the lower courts and to hear appeals from the provincial courts of appeal when
the sum of the matter of the case was more than Rs.1000.
Further an appeal from the Sadr Diwani Adalat lay to the King-in-council, when the sum
of the matter of the case was more than Rs.5000.
8. Reforms in criminal judicature
The court of circuit was merged with the provincial court of appeal. The power of the
collector as a magistrate was taken away and was vested in the judges of the diwani
adalats instead.
9. Uniform pattern of Regulations
Until now, any new regulation that was issued did not follow an uniform pattern. This
was changed by making it a rule that any new regulation that would be made would have
a title to explain the nature of the subject matter and contain a preamble which would
state the purpose for enacting the regulation.
10. Reforms in Muslim Personal Law
The Sadr Nizamat Adalat was directed to to follow the muslim personal law to try and
punish criminal cases, but with some modifications. The relatives of murder victims did
not have a provision to pardon the murderer. The cruel and inhuman punishments such
as cutting off limbs of the offender were replaced with punishment of imprisonment and
hard labour for 14 years.
11. Court Fees abolished
Court fees which was imposed in the judicial plan of 1787 was abolished. The court fee
was abolished so that the people could easily reach to the court for securing justice.
12. Legal Profession recognised for the first time in India
The legal profession was recognised in India for the first time. The pleaders of the case
had to have prior legal knowledge to be eligible to be a pleader of the court.
Defects of the judicial plan of 1790
The provisions of multiple levels of appeals made the judicial machinery complicated
and slow moving. Thus, large number of cases remained pending in the courts for long
period.
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The Indians were totally excluded from the judiciary except at very low level of munsif.
Cornwallis was of a belief that the Indians were unworthy of holding any position of
responsibility because of their character. This distrust shown towards the Indians
generated the dissatisfaction among the native people as well as made the system less
efficient as the English servants did not know and understand the customs, usages, etc. of
the people; therefore Europeans could not understand nor provide solutions the problems
of the natives.
Cornwallis did everything on procedural side but he could not reform the substantive
part of law mainly the criminal law which was based on Muslim law and had many
defects.
were final and conclusive not being subject to revision by the Sadar Nizamat Adalat.
The most significant aspect of this new arrangement was that the Commissioners of
Circuit were empowered to seek assistance of local respectable natives by utilizing
their services either in the form of Panchayats or as assessors.
Appointment of District and Sessions Judges — In 1831, a District and Sessions
Court was established in each district which was empowered to hear and decide civil
and criminal cases, Regulation VII of 1831 authorised the Governor General in
Council to empower the judges of the District Diwani Adalat not being magistrate, to
hold criminal sessions whenever the pressure of work on the Commissioner was too
heavy. The judges so authorised were to try all cases committed before them by the
magistrates in their respective jurisdictions and to hold gaol deliveries at least once a
month. In course of time, a District and Sessions Court was set up in each district to
relieve the Commissioners of their heavy work load. This Court was to decide both,
civil and criminal cases. The system continues even to this day.
Sadar Diwani Adalat and Sadar Nizamat Adalat were established at Allahabad, to
supervise the administration of justice in North-West Provinces. It had the same
powers as that of the Sadar Nizamat Adalat of Calcutta.
Abolition of Provincial Court of Appeal – The Provincial Courts of Appeal were
abolished in 1833. As regards the appeals, the decision of the Zila or City Diwani
Adalat was final in suits which came in appeal from the Court of Munsif or Sadar
Ameen. In all cases which were originally determined by the Principal Sadar Ameen,
an appeal could be taken to the Sadar Diwani Adalat at Calcutta. It must be noted that
all British subjects, European and American foreigners were excluded from the
jurisdiction of native judges of all categories.
He made the Persian and a Vernacular language for the court proceeding in lower
court and made English language as official language for Supreme Court proceeding.
To Enlarge Representation on Bentinck favoured the inclusion of native Indians to
judicial posts. In 1832, the Sadar Ameens, who were Indian law officers, could award
punishment of imprisonment with hard labour and corporal punishments upon the
persons accused of theft. The Commissioners of Circuits could, take assistance from
the native law officers by employing them as jurors or assessors. One important
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change introduced by Lord Bentinck was that non-Muslims could seek exemption
from being tried in accordance with the Mohammedan law of crimes. In such cases
Fatwa was dispensed with. The Sadar Nizamat Adalat was not bound to ask for a
Fatwa from the Muftis. Thus, it would be seen that the Muslim law of crime ceased to
be applicable to all the natives alike.
Abolition of Corporal Punishment – Bentinck abolished the corporal punishment in
1834 and introduced the Jury system in 1832.
Regulation V of 1832 provided that the English officials of the civil courts could seek
assistance of respectable native gentleman in deciding civil cases either by referring
the suit to a ‘Panchayat to find the facts and report to the court or deputing two or
more of such natives as ‘Assessors’ or by employing them as ‘Jury’ to attend the
Court during trial and give their verdict. Thus, this marks the beginning of Jury
system in India. However, the final decision was always vested with the Judge of the
court in all cases.
During his reign, Law commission was set up by Macaulay which codified the Indian
laws. On the basis of this commission, a civil Procedure Code of 1859, an Indian
Penal Code of 1860, and a Criminal Procedure Code of 1861 were prepared.
Conclusion: We can conclude that during the British era, India went through a whole lot of
experimentation and learning. Many judicial mechanisms were established and many were
scrapped then replaced with other mechanisms. The British rule had many positive effects on
our legal system as the idea of a fair and impartial system where the judicial body must be
separate from the other organs of the state came to India via the British.
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