Judicial Plan of 1772.docx Judicial reform done by british

Judicial plan of 1772

1. Judicial Plan of 1772

The dual system and famine of Bengal destroyed the Bengal. Also the administration of
Justice & Revenue collection was in a bad shape. At that time court used to charge
commission from the parties on the amount that used to recover by them by help of
court. Judge didn`t get regular salary so they indulge in bribe culture and also the
atrocities of Englishmen lead to corruption in courts. On April 3, 1772, Warren Hastings
assumes the office of Governor of Fort William and he became the first Governor
General of Bengal. He appointed a committee that consists of four members of council
that formed a Committee of Circuit that consists of Governor General of Bengal plus
four members of council. On 15th August 1772, Committee of Circuit prepared a judicial
plan to regulate the administration of justice and revenue collection. This plan is called
as Hasting Plan of 1772. This plan consisted of 37 Regulations. These regulations dealt
with revenue and administration of civil and criminal justice.

The major judicial reforms under the plan of 1772 were
as follows:

A.Collector for Each Unit:

He divided the Diwani area of Bengal, Bihar, Orissa into several districts. And each
district having an officer called Collector as its head. Collector have some powers like
he will be primarily responsible for revenue collection and he had the direct control of
revenue collection. Collector also have some judicial powers like he will act as a judge
in Mofussil Diwani Adalat.



B.Revenue Administration:

The Revenue Boards at Murshidabad & Patna were abolished & a supreme authority
called the Board of Revenue was setup at Calcutta which consisted of the Governor &
all the members of the Council. District Supervisors who were appointed in 1769 by
Harry Verelstwere made 'Collector' their respective districts & were to look after the
work of revenue collection. District Collectors was assisted by native officer called the
Naib Diwan. Who acted as a native revenue executive.

Reforms made in the Administration of Civil Justice

2. The following three types of courts were established for the purpose of making reforms in
the existing judicial system-

(1) Mofussil Diwani Adalat–In each district, a Mofussil Diwani Adalat was
established which was presided over by the Collector as the Judge. The Court
took cognizance of all civil cases including property, inheritance, succession,
caste, marriage, contracts, accounts etc. The cases relating to caste, religion,
marriage and inheritance of the natives were to be decided according to their
usages and customs of Hindu law for Hindus and Muslim law for Mohammedans
was applied. The Collector being an Englishman, was ignorant about the personal
laws of natives, hence he was assisted by native laws officers called Kazi and
Pandits who expounded the law to him. The Court held its sittings twice a week in
open court. The matters relating to succession to Zamindari and Taluqdari
property could not be submitted to Mofussil court as they were reserved for the
Governor and Council. Appeals from these courts were to be heard by the Sadar
Diwani Adalat at Calcutta where the subject-matter of the case exceeded rupees
five hundred.


(2) Small Causes Adalats–There were Small Causes Adalatsheaded by the Head
Farmer of the Pargana decided cases uptothe value of rupees ten.

(3) Sader Diwani Adalat–A Sadar Diwani Adalat was established at Calcutta which
exercised appellate jurisdiction over Mofussil Diwani Adalatsin all cases where
the subject matter of the suit exceeded Rs.500/-. This Court comprised Governor
as its President and at least two members of the Council aided by Diwan of
Treasury and Chief Kanungos.

Reforms made in the Administration of Criminal
Justice

For the purpose of reforming the criminal administration of justice two types of courts
were established –

(i)Mofussil Nijamat Adalat- A court of Criminal Judicature called the Fauzdari
Adalat was established in each district. It tried serious offences including murder,
robbery, theft, fraud, perjury etc. This Court was assisted by a Kazi or Mufti and two
Moulvies who expounded the Mohammedan law of crimes. The mufti was supposed to
be a person well versed in the Mohammedan Law of crimes and his function was to
expound the law and give ‘futwa’ after hearing the parties in evidence.
But the Collector exercised overall supervision on the working of the Fouzdari
Adalat. He was enjoined to see that all necessary witnesses were summoned and

3. examined and the decision was fair and impartial in accordance with the well settled
principles of law and procedure.

(ii)Sadar Nizamat Adalat–A superior court called the Sadar Nizamat Adalat was
established at Calcutta which exercised control over Fouzdari Adalats. It was presided
by an Indian judge known as the Daroga-i-Adalat who was to be assisted by the chief
Kazi, chief Mufti and three Moulvies. These persons were appointed by the Nawab on
the advice of the Governor. The Court was to revise all the proceedings of the Fouzdari
Adalats; and signify its approbation or disapprobation in capital cases with reasons, and
to prepare the sentence for the warrant of the Nizam. The Governor and council
exercised general supervision over the proceedings of Sadar Nizamat Adalat so that
even handed justice could be ensured without fear or favour.
Thus, Fouzdari Adalats were not empowered to award death sentence, but they
were required to transmit the evidence in capital cases with their opinion to the Sadar
Nizamat Court for final decision. Again, fines over one hundred rupees were to be
confirmed by the Sadar Court, which alone could decree forfeiture or confiscation of
property. The dacoits were to be executed in their own village and the entire village was
fined. The family members of the dacoits were made State-slaves.