Warren Hasting was the Governor of Madras. He was transferred to Bengal in 1772. As Governor of Bengal, Bihar and Orissa, he prepared the First Judicial Plan in 1772. It was the first step to regulate the machinery of administration of justice. The plan being a land mark in the judicial history became famous as “Warren Hastings Judicial Plan of 1772”
Warren Hasting was appointed as Governor of Bengal, he started his efforts for eradicating the evils in the administration of the justice and revenue collection. He abolished the system of “Double Government” and executed the Diwani functions through the Company’s servants. He appointed a committee consisting of Governor and four members of his Council to find out the causes of the evils in the existing judicial administration and revenue collection. The committee was also to prepare a plan for the administration of Justice and revenue collection. The committee under the Chairmanship of Warren Hastings prepared the First Plan in 1772. This is known as Warren Hastings Plan of 1772.
Warren Hasting administrative plan divided territory of Bengal, Bihar and Orissa into number of District. In each district an English servant of the Company was appointed as collector who was to be responsible for the collection of revenue.
Under this plan the whole of Bengal, Bihar and Orissa were divided into districts. The district was selected as the unit for the collection of revenue and for the administration of civil and criminal justice.
ADMINISTRATION OF CIVIL JUSTICE –
Establishment of Mofussil Diwani Adalat –
As per Warren Hastings plan a Mofussil Diwani Adalat was established in every district with collector as the Judge. The court was authorized to decide all civil cases like dispute regarding, Properties inheritance, Marriage, Caste, Debts, Disputed Accounts, Contracts, Partnership and Demand of Rent etc. where ever possible religious laws of Muslims as well as Hindus were followed and applied.
As English servant who was appointed as a collector did not understand the religious laws. So there was Kaziz and Pundits were appointed to help them.
ADMINISTRATION OF CIVIL JUSTICE –
Establishment of Mofussil Faujdari Adalat –
In every district Mofussil Nizamat or Faujdari Adalat was established to try all criminal cases. The Adalat consisted of Kaziz, Mufti and Moulvies. The Moulvies interpreted the Muslim law of crimes. The Kazis and Mufti gave Fatwa and render Judgment. In this Adalat Collector exercise general supervision over the adalat and saw that no corruption was made in the cases. The judgment was given impartially.
This Faujdari Adalat was not allowed to handle cases where punishment was death sentence of forfeiture of property of the accused. Such cases went to Sardar Nizamat Adalat for final order.
Establishment of Small Causes Adalat –
AS NAME SAYS THIS Adalat decided petty cases up to Rs. 10/- the head farmer of the village became the judge. This system was designed to save the travelling expenses of poor farmers as they did not need to travel to the district place for justice.
Establishment of Sardar Adalat –
Firstly, two courts were established namely Mofussil Diwani Adalat and Mofussil Faujdari Adalat over them two superior Courts were established. Namely Sardar Diwani Adalat and Sardar Nizamat Adalat. The Sardar Diwani Adalat was consisted of Governor and member of the Council and was to hear appeals from Mofussil Diwani Adalat. In the case of over Rs. 500/-. The First sitting of Sardar Diwani Adalat was held on 17th March 1773. On each appeal of 5 percent was charged. The appeal were to be filed in the Adalat within 2 months from the date of the judgment decree given by the Mofussil Diwani Adalat.
Establishment of Sardar Nizamat Adalat –
Sardar Nizamat Adalat consisted of an Indian judge known as Daroga- e- Adalat. Who was to be consisted by the chief Kazi, Chief Mufti and Three Moulvies. Nawab appointed all these persons as per the advice of Governor. In case of death sentences punishment deal warrant was made by the adalat and signed by the Nawab as the head of Nizamat.
The governor and Council supervised this adalat to control and reduce the corruption all cases were ordered to maintain registers and records. Any case older than 12 years was not accepted. District Courts forwarded their records to Sardar Adalat.
In civil cases when Plaintiff field a case defendant accused person was given only limited time to give answer then examine the witness and give the decree pass the final orders. The plan tried to reduce the expenses of people with this plan officers like Kaziz, Muftis were given salaries. Before this plan judge charged the commission but the new plan abolished this law and introduced the court fee system where fee went to government. After this plan and establishment of Courts for common Indians it became easy to approach the judiciary. Warren Hasting was very intelligent person he purposefully did not take the full charge of criminal justice system and kept the puppet Nizam alive. He did not change the forms and when possible tried to show case that company respects the Nizam like case Nizam got the power to sign the death sentences. In other clever intelligent system Warren Hasting kept alive was that following Hindus Laws for Hindus and Muslim Laws for Muslims. In this Plan Collector got the many powers Collectors was the administrator Tax Collector, Civil Judge and Superior over the Criminal Courts with this Collectors for the unlimited powers and Warren Hasting knew this the Collectors will become corrupt and he already told the Company directors of the Company understood the fear and reality of this Plan. In the year 1773 Company directed the Calcutta Council to withdraw the Collectors as they became very corrupt. After this Calcutta government introduced new plan for the collection of revenue and administration of justice on November 23rd 1773 and put into force in the year 1774.
PLAN OF 1774 –
With the plan collectors were recalled from every district in place of collectors an Indian officer was appointed called Diwan or Amil Diwan got the power to collect the revenue as well as act as a Judge in the Mofussil Diwani Adalat. The territory of Bengal, Bihar and Orissa was divided into 6 divisions with their headquarters at Calcutta, Burdwan, Murshidabad, Dinajdore, Dacca and Patna. In each division many districts were created, the complete Bihar came under the Patna Division.
A provincial council consisting of 4 or 5 English servant of the Company were appointed in each division to supervise the collection of revenue and to hear appeals from the cases decided by the Amil and Indian Diwan. The appeals from this Provincial Council were allowed if the case amount was more than Rs 1000/- the appeal went to Sardar Diwani Adalat. This time also Warren Hasting new that the Provincial Council will do the more harm and more corruption then the collectors. Warren Hasting thought this plan as temporary plan but regulating act was passes in this time and Warren Hasting could not change the Plan until year 1780.
PLAN OF 1780 –
The Indian Civil procedure Code prepared 1780. Warren Hasting knew that the Judicial Plan of 1774 was not perfect and when Warren Hastings again got the chance and he made changes to the Judicial Plan of 1774 on April 1780. New plan was introduced as per the Plan of 1780. Judicial and Executive functions were separated.
Words and Meanings –
Adalat –
Functions to do Civil Justice no revenue work.
Provincial Council –
No Judicial work only revenue related work, collection and revenue cases. But with this plan the problem was that area was vast and Adalat were few to administer those large areas, because of this cases were more time was limited with the judges and this arrears piled up in every Adalat. 2nd problem was that witness have to travel lot to reach the Adalats. There was only one Adalat in the whole Bihar, because of this people thought is better not to file the cases in courts as filing cases in court meant delayed justice, physical harassment waste of time and money.
As per the Judicial Plan cases up to Rs. 100/- were referred to the person who stayed near the place of litigant but before this. It was compulsory to file the case in Adlalat and 2nd problem was that the person who works as a Honorary Judge and he did not get any salary. The Zamindar or Public Officer acted as an Honorary Judge and they charged money for this and also Zamindar got the chance to do corruption as he became the Honorary Judge. Warren Hasting was not satisfied with the Plan of 1780 he always thought about the improving Judicial System in India. The Judicial System of East India Company.
On 29th September 1780, Hasting proposed in the Council that Chief Justice, Sir Elijah Impey be requested to accept the charge of the office of the Sardar Diwani Adalat.
Impey accepted this offer. He remained in sardar Diwani Adalat for a year but he introduced lot of reforms in Sardar Diwani Adalat. Impey drafted many reulations to reform the Adalat on November 3rd 1780. First reform regulation was passed to regulate the procedure of the Diwani Adalat. As per this rule he was allow to take the help of Hindu Pundits or Muslims Mulla if it was necessary to understand the cause or case.
Impey compiled a civil procedure code for the guidance of the Sardar Adalat and Mofussil Diwani Adalat, it was the First Code of CivilProcedure to be prepared in India. It was promulgated by the Council on July 1751 in the forms of regulation it was the digest of the Civil rules. The Code consolidated at one place a detailed Civil Procedure. The code contained 95 clauses and with it all the previous regulations regulating to civil procedure were repeated. The code of 1781 clearly defined the functions, power and jurisdiction of Sardar Diwani Adalat.
This code was translated in person and Bengali language that time in India. Impey was doing great job, but in England, people were not happy with the impey because of following reasons Impey was appointed as the Supreme Court judge to monitor the Company affairs in India. But in India Impey stated to work as the Judge of Sardar Diwani Adalat, accepting this violated the Regulation Act. Because of other job they believed that the Impey would not do the Justice with the job of Supreme Court, because of all above reasons on 3rd May 1782 in England House of Commons adopted a resolution requesting the Crown King to recall Impey to answer the charge of having accepted an officer and violating the Regulation Act. After this Impey left India on 3rd December 1782. From the Impey appointment one should learn that whatever post or job may be the concern person must be studied in the profession.
Regarding Criminal Justice System Hasting took following Steps –
Machinery was created for the purpose of arresting Criminal and bringing them before the Fouzdari Adalat for the trial. This system never existed in India before this a new department office of the remembrance was created at Calcutta to keep watch on the functioning of Criminal Adalats. The department was to work under the Governor General. The head of the department was known as Remembrance of Criminal Courts. All Criminal Courts were required to send periodical reports to this department. Everything was done as per the Muslims Criminal Law and Hastings was not happy with he tried his best but Company heads did not accept his views because of this Criminal Justice System, every one made using corrupt ways.
Merits –
1) The personal laws of Hindus and Muslims were safe guarded.
2) District was selected as a unit of the administration of justice and collection of the revenue.
3) The jurisdiction of the Diwani and Faujdari Adalats were clearly defined.
4) The judges of these Courts were Englishmen and they did not have the knowledge of the personal laws of Hindus and Muslims, but this defect removed out to the large extent of appointing native law officers.
5) The commission basis was replaced by the court-fee which was to be deposited with the Government and not with Judges. This changes was made so that Judges ceased to have any personal interest in a particular case. Thus the change was made to promote impartial and fair justice.
Demerits –
1) Less number of courts –
The head farmers were given power to decide petty cases up to Rs. 10/- in fact it was necessary to have more subordinate courts keeping in view the population and the population and the area of each district.
2) Concentration of Powers –
Administrative, Tax collection and Judicial in the hands of the Collectors. The Collectors was the Civil Judge as well as Supervisor of the Criminal Courts. It was impossible for the collectors to devote time and energy to regulate all these affairs.
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