Judicial Reforms and Establishments of Higher Courts

this ppt shortly overviews the judicial reforms done by Cornwallis, Bentick, and SHORE

1. Judicial Reforms and Establishment of Higher Courts

2. Judicial Reforms of Cornwallis (1787) In 1787, Cornwallis introduced significant changes to the judicial system: Separation of Executive and Judicial Powers: Established a clear distinction to reduce executive influence. Establishment of District Courts: Created to handle civil cases at the district level. Appointment of European Judges: Ensured impartiality and uniformity in legal proceedings. Codification of Laws : Standardized laws to facilitate fair justice across the provinces.

3. Judicial Reforms of Cornwallis (1790) The reforms of 1790 focused on criminal justice and further enhancements: Establishment of Circuit Courts Introduced to reduce the backlog of criminal cases. Introduction of Sessions Courts Specialized courts for serious offenses. Codification of Criminal Laws Enhanced clarity and predictability in criminal justice.

4. Judicial Reforms of Cornwallis (1793) The final phase of reforms aimed at consolidating judicial authority: Introduction of Collectors as Judicial Officers: Merged revenue and judicial roles for efficiency. Enhancement of the Appeal Process: Allowed for higher courts to review decisions. Implementation of Procedures: Established standardized legal procedures across courts.

5. Impact of Reforms by Lord Cornwallis The reforms by Lord Cornwallis had profound implications for the judicial system: Strengthened Rule of Law: Improved public confidence in the legal system. Increased Efficiency: Streamlined processes led to quicker resolutions. Development of a Legal Framework: Established foundations for modern Indian law. Promoted Judicial Independence: Reduced political influence on judiciary.

6. Problems and Progress of Judicial Reforms (1793-1833) Despite reforms, various challenges persisted during this period: Backlog of Cases: Courts remained overburdened, leading to delays in justice. Limited Legal Representation : Access to justice remained unequal. Disparities in Judicial Application: Inconsistent application of laws in different regions.

7. Reforms by John Shore, Wellesley, Minto & Bentinck Key reforms during this period were led by various governors: Lord John Shore: Continued reforms but struggled with implementation challenges. Lord Wellesley: Focused on enhancing administrative efficiency. Lord Minto: Consolidated reforms and addressed demands for quicker justice. Lord Bentinck (1828): Major reforms including the abolition of Sati and codification of laws.

8. Charter Act of 1833: Judicial Reforms The Charter Act of 1833 introduced significant changes to the judicial landscape: •Centralization of Judicial Authority: Unified administration of justice. L aw Commission Formation: Established to review and reform laws. Removal of Discriminatory Practices: Sought to establish a more equitable legal framework.

9. Defects of the Judicial System (1793-1833) Despite reforms, several defects remained in the judicial system: Overburdened Courts: Continued delays in justice delivery. Limited Access : Legal representation was often unavailable to marginalized groups. Corruption and Inefficiency: Persistent issues affecting the credibility of the judiciary. Unequal Treatment : Variations in legal treatment based on class and caste.