Adalat System

Module -4
The Company had control over three presidency
towns- madras, Bombay and Calcutta.
With the passing of time the Companys trade
was expanded and with this its political power
was also expanded.
The increase in political activities of the
company led to the expansion of the
Companys territorial powers, it started
acquiring new territories surrounding the
presidency towns and these new areas were
known as mofussils
Presidency town had well developed
judicial system.
The Adalat system was introduced in
mofussils on an experimental basis
 Courts in Bengal during the
Mughal Period

From 1750 onwards the Mughal Empire

began to disintegrate.
The provinces started working
independently.
 The Judicial setup at the time
was
At Provincial head quarter 4 courts:
Nazim-e subah:
A high court of province,
Dealt with criminal appeals from the district courts
Darogha-e Adalat Diwani
Heard all local civil suits and appeals including matters
relating to real property, land etc. from district civil courts.
The Court of Diwan
Original and appellate jurisdiction in all revenue cases.
The Court of Daroga-e-Adalat Aliah
Disposal of all revenue work on behalf of the Diwan
 District Courts
Court of Quzi
Hear all cases of transfer of property and
matters relating to inheritance.
Court of zamindar
To hear all civil and common pleas.
Court of Qanungo
Hear and decide revenue cases.
There were four criminal courts:
Court of Faujdar
Dealt with criminal and common cases.
Court of Zamindar
Dealt with petty criminal cases
Court of Quzi
Make full inquiries in murder cases
Court of Kotwal
A peace officer to decide criminal cases
Origination of legal vacuum

At the time of arrival of the British , Mughal rulers were

ruling in India. But the Mughal Rulers power was
weakened. In the initial years, the British had obtained
permission from the mughals just to establish trade and
later on acquired the territory.
The Mughals had good governmental machinery-civil as
well as criminal to govern their subjects, but unlike the
modern times there was no specific laws to govern
foreigners. The foreigners had taken benefit of the
weakness.
Defects in the judicial system of
Mughals

Influential landlords were authorized to govern

law and order in local areas.
These landlords were known as Zamindars.
They were powerful in all respects.
The faujdaree or criminal courts all types of
punishments were inflicted, and the only
restriction was the principles of Quran.
People preferred to settle their disputes through
arbitrators and avoid to go to these courts.
The courts became the instruments of power
instead of justice.
The Companys servants who claim against
Indians, not residing under the British flag
but in the vicinity of the Companys
settlements, used to seize simply and hold
them prisoners until they consented to pay
the claims without seeking permission from
the Nawabs government
This conflict was precipitated by a
number of disputes

The illegal use of Mughal Imperial export

trade permits (dastaks) granted to the
British in 1717 for engaging in internal
trade within India. The British cited this
permit as their excuse for not paying taxes
to the Bengal Nawab.
Britishers interference in the Nawab's
court, and particularly their support for one
of his aunts, Ghaseti Begum. The son of
Ghaseti's treasurer had sought refuge in
Fort William, and Siraj demanded his
return.
Additional fortifications with mounted guns
had been placed on Fort William without
the consent of the Nawab; and
As the forces for the battle were building up, the
British settlement at Fort William sought
assistance from Presidency of Fort St. George at
Madras, which sent Colonel Robert Clive and
Admiral Charles Watson. They re-captured
Calcutta on January 2, 1757, but the Nawab
marched again on Calcutta on February 5, 1757,
and was surprised by a dawn attack by the
British This resulted in the Treaty of Alinagar on
February 7, 1757.
 The Treaty of Alinagar
It was signed on February 9, 1757 between
Robert Clive of the British East India Company
and the Nawab of Bengal, Mirza Muhammad
Siraj Ud Daula. Based on the terms of the
accord, the Nawab would recognize all the 1717
provisions of Mughal Emperor, Farrukh Siyar's
Farman. Moreover, all British goods that passed
through Bengal would be exempt from duties. In
other tenets of the agreement, the British would
not be hindered from fortifying Calcutta, as well
as mint coins in Calcutta. The signing of the
treaty was one of the events leading up to the
famous Battle of Plassey
 The Battle of Plassey
Took place on June 23, 1757, at Palashi,
West Bengal, India, on the banks of the
Bhagirathi River, about 150 km north of
Calcutta, near Murshidabad, then the
capital of the Nawab of Bengal. The
opponents were Siraj Ud Daulah, the last
independent Nawab of Bengal, and the
British East India Company
Siraj-ud-Daulah's army commander
defected to the British, causing his army to
collapse. As a result, the entire province of
Bengal fell to the Company. The enormous
wealth gained from the Bengal treasury
allowed the Company to significantly
strengthen its military might. Today,
Plassey is judged to be one of the pivotal
battles leading to the formation of the
British Empire in India.
The ostensible reason for the Battle of
Plassey was Siraj-ud-Daulah's capture of
Fort William, Calcutta (which he renamed
Alinagar) during June, 1756, but the battle
is today seen as part of the geopolitical
ambition of the East India Company and
the larger dynamics of colonial conquest.
Battle of Buxar (October 1764)

It was fought between the forces under the

command of the British East India Company on
the one side, and the combined armies of Mir
Kasim, the Nawab of Bengal; Suja-ud-Daula, the
Nawab of Awadh; and Shah Alam II, the Mughal
Emperor. The battle fought at Buxar (currently in
Bihar state, India), a town located on the bank of
the Ganges river, was a decisive battle won by
the forces of the British East India Company
The battle resulted into securing of Diwani rights to
administer the collection and management of revenues
of large areas which currently form parts of Indian states
of West Bengal, Bihar, Jharkhand, and Uttar Pradesh ,
as well as of Bangladesh. The Battle of Buxar heralded
the establishment of the rule of the East India Company
in the eastern part of the Indian subcontinent.
While the Battle of Plassey secured a foothold for the
British east India company in India, the Battle of Buxar
made them the dominant force in India.
 Grant of Diwani
Effects of the battle of Buxar in 1764
There was a significant change in the
affairs of the Company
Shah Alam granted the Diwani of Bengal
Bihar Orissa to the Company
Revenue Collection- the Company agreed
to pay the sum of revenue 23 lakh rupees
to the Emperor and surplus was to be kept
by the Company.
 Significance of Diwani
Mughal Administration:
At Province or Subah two dignitaries- the Nizam or
Nawab and the Diwan were appointed by the Emperor
and they hold office during emperors pleasure.
Nawab(head of military, maintenance of law and order,
administration of criminal justice)
Diwan (next to Nawab, head of Diwani-comprised
functions of collection of revenue, decide civil and
revenue cases, defrayed the expences of the
government out of the revenue collected and remitted
the balance to the central treasury.)
This division of power was just to create a
system of checks and balance because it was
not wise to give monetary and military powers in
one persons hand.
The Mughal Emperor was at far and so it was
not possible for him to keep direct control in the
provincial affairs.
With the passing of time the Emperor had
become only a titular head and the Nawab
became the real and independent head in the
Subah and the Diwan was the nominee of the
Nawab.
In 1765 The grant of Diwani to the Company.
The Company became Diwan and acquired the
Diwani rights-to collect and maintain revenue
and civil functions.
It left the Nawab theoretically with the power to
administer criminal justice and maintaining
military power.
The Company wanted complete control and tried
to take precautions that Nawab could not create
any problem
For this the Company thought to acquire military
power from the Nawab
The Nawab surrendered to the Company his
right to maintain the army and agreed to accept
53 lakh rupees for maintenance of himself and
the criminal judicature.
The position of the Company became strong
and Nawab-a minor was made military and
monetarily helpless. The Company took the
actual administration from the Nawab and a
Deputy Nawab was appointed on the advice of
the Calcutta Government.
 Dual Government in Bengal
The Company assumed the responsibility
for military, revenue and civil justice and
the criminal justice was left to the
supervision of the Deputy Nawab and its
expenses were to be met out of the
Nawabs allowance
 Duality

Nawab Diwan
Execution of the Diwani Rights
by the Company

The acquisition of the Diwani of Bengal,

Orissa, Bihar by the Company brought it to
face many problems.
The Company was facing many
administrative problems as well judicial
system related problems.
(1)The firman of the Emperor gave wide powers
to the company but it did not specify anything
regarding:
How the government of these territories was to
be conducted; whether the Emperor had any
power to superintend or give direction for it.
Position of the Nawab was not defined.
How to apply law and who will decide the legal
policy were not clearly indicated.
(2)The Nawab was not powerful and
efficient.
(3) The Company had the responsibility of
administration of civil justice and collection
of revenue.
(4) The Companys Servants were not
acquainted with the procedure of revenue
collection.
(5) The Company had to take support of
the indigenous people.
(6) Appointment of Mohammed Reza Khan
and Raja Shitab Roy for this purpose with
two supervisors to supervise them.
 The System was proved failure
because of the following reasons
Indian official with administrative responsibilities
had no power to enforce the decisions.
Interference by the Companys servants in the
judicial and administrative affairs.
Private trade carried out by the servants of the
Company
Even the Governor and the members of the
council were making private trade.
Oppression of the Bengal peasants.
Ruinous situation of Bengal.
Scheme introduced by Verslet
Governor Verelst in 1769 appointed Companys
servants as supervisors in districts of Bengal
with the following purposes:
(1)To collect the information regarding the
conditions of Soil, Collection of land revenue,
administration of justice, to check the corruption
and to supervise Indian revenue and judicial
officials.
(2) To encourage arbitration in civil cases, to
enforce law and order, to compel the Kazis and
Brahmins who administered justice to produce
registered sanads.
 Failure of the Scheme
Reasons:
Small number of supervisors with enormous duties.
Inexperienced junior supervisors.
The supervisors were misusing the powers.
Famine in Bengal
Difficult situation for collection of revenues Company
took upon itself the responsibilities of collection of
revenue.
To tackle such problematic situation and to remove the
corruption from the administration of justice, Warren
Hastings was transferred from Madras to Calcutta as
governor in 1772.
Warren Hastings took following
steps:
Tried to remove all the difficulties in the proper
collection of revenue in Bengal, Bihar, Orissa.
Abolished the system of dual government
Executed diwani functions through Companys
servants.
Revenue supervisors were designated as
collectors.
Appointed a committee of circuit to find out
defects in the administration of justice and to
prepare a proper plan on which the whole civil
and criminal judicial system was to be based
and proper plan for revenue collection.
Judicial Plan of 1772
 Special features:
Division into Districts.
The whole territories of Bengal, Bihar,
Orissa were divided into a number of
districts. The District was a unit for
revenue collection.
Appointment of Collectors
In each districts an English servant was
appointed as a collector. The collector was
responsible for the revenue collection.
Mofussil Diwani Adalat:
was in each district
with collector as a judge
decide all civil causes such as:
Disputes relating to real and personal property
Inheritance
Marriage
Caste
Debts, Disputed accounts,
Partnership, rent, contracts
In suits relating to inheritance, marriage, caste,
and other religious usages and institutions were
governed by Koran in Muslims and Shastras in
Hindus.
Qazis and Pandits were appointed to apply the
law according to the facts of the case as English
collector Judge was not aware of these.
The decisions of the Adalat up to Rs.500- were
final.
If more than Rs.500-appeal to the Sadar Diwani
Adalat.
Small cause Adalats:
- For disposal of small cases.
- Disputes up to Rs.10 to be decided by
the head farmers of the Pargnahs where
it arose.
- Avoid unnecessary expenses.
Moffusil Fozdari Adalat / Nizamat
- At each district
- To try all kinds of criminal cases.
- Consisted of all Muslim officers Kazi , Mufties
and 2 Maulvies
- Maulvi- to interpret and expand Muslim law and
Kazis and Mufti- to give futwa accordingly.
Criminal Cases were decided according to the
Muslim criminal law
Collector was to supervise:
The adalat
Proper hearing of witnesses
Tried cases regularly
Rendered impartial justice
The court could not try and determine
cases involving death sentence
Sadar Diwani Adalat
- Established at Calcutta
- Consisted of governors and members of
the councils.
Its quorum was three
- Hear appeals from the Mofussil Diwani
Adalat in the cases of over Rs.500.
A fee of 5% was required to pay on peition
of appeal
1833 ,Sadr Diwni Adlat, the Chief Civil Court
for Indians, on Chowringhee Road, Calcutta
 Sadar Nizamat Adalat
Established at Calcutta
Hear appeals from the Mofussil Nizamat Adalat
Consisted of an Indian judge.
- Known as Daroga-i-Adalat assisted by Chief
Qazi, Chief Mufti, 3 Chief Maulvies
- They were appointed by Nawab on Advice of
Governor.
The Governor and council were empowered to
supervise the court
The function of the Adalat was to revise
the proceedings of the Mofussil Nizamat
adalats and approve finally the sentences
of death and forfeiture of property.
In death sentence, warrant was prepared
by the Adalat, signed by the Nawab and
was supervised by Governor and Council.
Personal Laws Safeguard.
- Art. 27 of the plan (1772) of Warren
Hastings directed the Adalats to decide all
cases according to the laws of Koran with
regard to Muslim and laws of Shastras
with respect to Hindus.
All cases were to be heard in open court.
All Adalats were to maintain proper
registers and records.
Precautions were taken to discourage misuse of powers
by judicial officers.
Any case other than 12 years was not actionable.
A rough procedure of trial of civil cases was laid down.
Court fees were reduced.
Method of arbitration was also provided.
In criminal law
- Strict rules were formulated to control dacoity and to
punish dacoits. The families of the dacoits were made
slaves to the state.
- Such detailed provisions were made in the plan of
Warren Hastings.
 Positive aspects of the Plan
1. It Shows a sincere efforts to promote impartial
and inexpensive justice.
2. Personal laws of the Hindus and Muslims were
safe guarded: Hindus and Muslims were
governed by their own laws in the areas of civil
cases
3. It was a foundation of the Anglo Indian judicial
system.
4. Various fees Charged by the Mufti, Kazi, Courts
were abolished.
5. Judicial officers were put on regular salary.
6. The old commission basis was replaced by the court
fees which was to be deposited with the government
and not the courts.
7. Established civil courts at districts-district was selected
as unit for collection of revenue and administration of
justice-parties to the suit could remain present and
less expensive.
8. Responsibility of administration of criminal justice was
left to the Muslim judges and it was supervised by the
collector.
9. The jurisdiction of diwani and fuzdari adalats were
clearly defined
10. Judges Englishmen but assisted by native officers
 Defects:
Too much powers were given to the collectors
e.g. as an administrator, tax collector, civil judge,
and supervisor of the criminal court.
Calcutta government could not keep watch on the
collectors
Misuse of powers by the collectors.
Cases up to ten rupees were decided in the
paragnah for other cases people had to
approach the district courts.
Application of personal laws in limited
matters
Application of personal laws limited to
Hindus and Muslims
No separation of executive and judiciary-
revenue collection and administration of
justice.
 New Plan of 1774

Some Changes were made in the judicial plan of

1772 By the President and Council of Bengal
according to the instructions given by the
Directors of the Company.
Provisions of the Plan of 1774
Territory of Bengal Bihar and Orissa was divided
in to six divisions.
Each division comprised of several districts.
An Indian officer called diwan or amil was appointed in
each districts in place of collector with two functions of
collecting the revenue and to act as judge in the
moffussil diwani adalat.
In each district one Provincial Council was established-
consisted of 4or 5 English servants of the company.
The function of the provincial councils was to supervise
the collection of revenue, to hear appeals in all cases
decided by amils, to decide civil cases as the court of
first instance in the district.
In all cases over Rs.1000 in value- appeal from
provincial council can be made to the Sadar Diwani
Adalat.
 Difference between
Plan of 1772
Plan of 1774
(1)Provision of Collectors
Provision of diwan or amils in place of collectors
(2)Appeals from the Mofussil adalat can be made to the
Sadar diwani adalat in the cases of more than Rs.5oo.
All cases decided by amils irrespective of the amount
were appealable to the provincial Council.
(3) Court of appeal- Sadar diwani adalat was at distant
level.
Court of appeal- provincial council was established in
each district.
Defects of the plan of 1774
Provincial councils consisted of senior
servants of the Company who were
equivalent to the members of the
Governors council. There was more
possibilities of abuse of power by such
persons.
 Plan of 1780
Warren Hasting considered the plan of 1774 as
temporary measure but he could not take any
initiative to introduce new plan because he was
in minority at that time. He got this opportunity in
1780 and a new judicial plan of 1780 was
introduced.
The plan of 1774 was the base of the plan of
1780.
Some changes were introduced in the plan of
1774
Characteristics
Separation of revenue from the judiciary:
Provincial Councils Only revenue
functions
According to this plan the Provincial
councils continued at six districts, but
these councils were to deal with only
revenue related matters and their judicial
power was taken away by this plan.
The power of the Provincial Councils to
decide civil cases were given to the
Provincial Court of Diwani Adalat
established at each division.

Provincial Court of Diwani Adalat-Only

judicial functions
Provincial Court of Diwani Adalat was
established with power to decide all civil
cases. It was presided over by an English
legal servant of the company who was to
be known as Superintendent of the Diwani
Adalat & he was appointed by the
Governor General and council.
Superintendents were appointed for life
and removed only on the proof of
misconduct.
Jurisdiction of Provincial Diwani Adalats was
extended.
These court could decide all civil cases like
property, inheritance, contract, succession to
Zamindaris and Talukdaries-which were
previously within the purview of the Governor
General and Council.
It could refer the cases up to Rs.100 or less to
a zamindar or public officer near the partys
place.
Its decision in matters up to 1000 rupees
was final.
In the suits involving more than 1000
rupees the appeal could lay to the Sadar
Diwani Adalat
Sadar Diwani Adalat consisted of
Governor General and Council
 Merits
Separation between revenue and Judicial
functions
An attempt was made to separate judicial
functions from the executive functions
The Provincial court of Diwani Adalat could
devote full time to the judicial
administration
 Demerits
1.) There were only six Provincial courts in
the whole territory of Bengal, Bihar and
Orissa
This number was less than was required
2.) The judges of the Mofussil Diwani
Adalat and Provincial Court of Diwani
Adalat were neither expert in law nor
properly trained in judicial work
No attempt to improve the quality of justice
3.) Zamindars and Public officers whom the
cases involving Rs. 100 or less could be
referred for decision were honorary judges
without receiving any remuneration.
Some times they misused their powers for their
own interest.
4.) the Provincial councils were empowered to
collect revenue as well as to decide revenue
cases
5.) The Separation between the executive
and Judiciary was not complete. The
judges of the provincial council were
actually appointed by the executive.
The Sadar Diwani Adalat was presided
over by the Governor General and Council
 Reforms of 1781
Soon after the appointment of Impey as the
Chief Justice of Sadar Diwani Adalat he
introduced following reforms:
Civil Justice
To regulate the procedure of Diwani Adalats a
regulation was passed on Nov. 3, 1781.
According to the regulation only question of
personal law will be referred to the Maulvis and
pundits and the question of fact will be decided
by Mofussil Diwani Adalat.
Zamindars were to submit the records of
the proceeding to the Mofussil Court.
The Preparation of the first Civil Code in
1781.
Number of Mofussil Adalats was increased
from six to eighteen.
Mofussil Diwani Adalats were required to
send copies of judicial proceedings to the
Sadar Diwani Adalats.
Seperation of revenue and Judicial Functions.
Mofussil Diwani Adalats had power to hear all
civil cases.
Judges of the Diwani Adalats were directed
that they must do the judicial work themselves
and not to delegate it to the native judicial
officers.
Functions of Sadar Diwani Adalats were
specifically laid down.
Sadar Diwani Adalat was empowered to
exercise control and supervision over the
Subordinate Diwani Adalats