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ISMAILSAHEB MULLA LAW COLLEGE SATARA

Rayat Shikshan Sanstha’s

Power Point Presentation

Indian Legal History

Directed by – Principal Sou. S.S.Pawar Mam

& Yogesh Sir

Presented by -

Shweta & Sonal

Judicial Reforms By Lord Warren Hasting

- Plan of 1772

- Plan of 1774

The Man who first introduced the system of tires & grades in India

Lord Warren HastingThe first Governor General in council .

Why Lord Hasting Introduced Judicial Reforms ?

o By the time 1772 he was Governor in Council At Calcutta.

o He was of Opinion that customs & traditions

of the natives should protected .

o He realized the importance of the sound judicial system.

o So he introduced the judicial plans in 2 phase in the year 1772 & 1774.

The Highlights of the Judicial Plan of 1772

Two wings of Judicial system

Separate Courts for Civil & Criminal Cases

It provided for trial courts & Appellate Courts for civil appellate cases

It provided Revenue Administration of Justice

The Provinces of Bengal , Bihar & Orissa

Governor in council at Calcutta

Division of province into Districts

Territorial Division :

The Collector in the District – In each District an Englishman was appointed as the Collector

Functions of the Collector - 1. The General Administration of justice.

2. Collection of revenue within the district.

3. Deciding revenue cases.

4. To act the judge in Mofussil Diwani Adalat.

5. To exercise supervisory control over Mofussil Nizamat Adalat.

Hierarchy of the courts : Governor in Council

Sadar Diwani Adalats Sadar Nizamat Adalat

Collector [in each District]

Moffusil Diwani Adalat Moffusil Nizamat Adalat

Village Headman

AUTHORITIES UNDER THE PLAN : Governor in Council [judge] [supervisory control]

Sadar Dwani Adalat Sadar Nizamat Adalata] Head Kanungo Daroga-i-Adalatb] Diwan a] Daroga b] Chief Quzi c] Chief Mufti d] Chief MoulavisRs. 500/- +2 months Collector [District] [judge] [supervisory control]Moffusil Diwani Adalat Moffusil Nizamat Adalat Naib Diwan Quzi , Mufti , Moulavi Rs. 10 Village Headman [Collection of Revenue]

Merits of the judicial plan of 1772 –

1. The plan provided for the hierarchy of the courts.

2. It provided for the grades of the court

3. It provided for the division of civil & criminal courts.

4. Criminal courts were totally independent of the executive.

5. The courts constituted a separate system from the Executive.

6. The courts recognized the laws of the natives i. e; the personal law system of

the Hindus & the Muslims.

7. The courts were required to maintain proper registers & records of all the cases.

8. The decentralization of judicial functions was the gift of judicial plan of 1772.

Demerits of the plan -

The collector was required to execute ,

1. General administration of the functions of the company in his district.

2. To act as judge in Moffusil Diwani Adalat.

3. To supervise the functioning of the Moffsil Nizamat Adalat.

4. To supervise the collection of revenue in the district.

5. To decide revenue cases within the district.

So, as to correct these defects , Lord Warren Hastings introduced his revised plan of 1774.

Judicial Plan of 1774

Lord Warren Hastings had introduced the plan of 1772. The plan suffered from serious imperfections , & hence , he introduced his plan of 1774. As he divided the 3 province of Bengal , Bihar & Orissa into 6 divisions namely with headquarters at : Calcutta , Burdwan , Dacca , Patna , Dinajpur & Murshidabad & also at every division there was established a provincial council consisting of 4/5 covenanted servants

The Composition : The Governor General in council

Provincial Council [ Provincial Court of Appeal ]

Diwan

Village Headman

THE ADALAT SYSTEM 1774 : - Governor General in Council

[judge] [supervise]Sadar Diwani Adalat Sadar Nizamat Adalat

Provincial council Provincial Court of Appeal [collectors] [6 divisions] [Rs. 1000/- final] Diwan [judge] [Districts] [supervise]

Moffsil Diwani Adalat Moffsil Nizamat Adalat [Diwan Naib] Diwan Headman [Village]

Conclusion :The system under the plan 1772 continued till 1774 the system under the plan 1774 continued till 1780. there was reorganization of the Adalat system in the Year 1780 .