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 leads 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.

Territorial Division

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 Deewani Adalat.

Revenue Administration

The Revenue Boards at Murshidabad & Patna were abolished & a sapreme 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 Verelst were made 'Collector' their respective districts & were to look after the work of revenue collection. District Collectors was assisted by native officer called the Naib Diwen. Who acted as a native revenue executive.

Administration of Civil Justice Administration

Small Cause Adalat

• Adalats headed by Head Farmer/Village head or Fargana
• Deal with small or petty cases
• Decided causes upto 10 Rupees

Mofussil Deewani Adalat

• Presided by Collector and he will act as a Judge.
• Jurisdiction - all civil cases of revenue
• Court held its sittings twice a week.
• Appeal will go to Sadar Diwani Adalat.
• Cases to caste, religion, marriage, inheritance.
• Collector was assisted by Kazi & Pandit who expounded law to him.
• Matters relating to succession, zamindari & taluqdari, property reserved for Governor and Council.

Sadar Deewani Adalat

• Governor and two council members will act as a judge.
• It used to have both appellate and original jurisdiction.
• In absence of governor, alderman of council acts as a judge.
• Governor aided by Diwan Treasury & Chief Kanungo.
• Court fee will be the 5 percent of dispute amount.
• It was first established at Calcutta.
• It was first sitted in 17th March, 1773.

Administration of Criminal Justice
Mofussil Nizamat/Fauzdari Adalat

• Deal with criminal cases.
• Governed with Mohamadeen laws of crime.
• Presiding Officers – Muslim Law Officers i.e. Maulvi.
• Collectors used to have an important role in these courts i.e. Supervisor.
• This court was not empowered to award death sentence.

Sadar Nizamat Adalat

• Apex court for criminal cases in the province.
• Used to have both original and appellate jurisdiction.
• Used to have specific jurisdiction to decide over the matter of death sentence.
• Death Warrant – signed by Nawab as the head of Nizamat.
• Judge of Court – Daroga – I – Adalat.
• Assisted by a Chief Qazi and three Maulvies.
• These persons appointed by Nawab on advice of governor.
• Supervisor – Governor-in-Council.

Merits

• Judicial Plan of 1772 – safeguarded personal laws i.e. Hindu Law & Muslim Law
• People was not going so far for accessing to justice/courts because of the district system.
• No confusion or clash because in of all courts ( Deewani, Faujdaari ) already defined in judicial plan.
• Judges were English but assisted by local native.

Demerits

• Overcentralization of power – Collector.
• Warren Hastings do heed about Hindu and Muslims but he didn`t heed about the other religions.
• Collectors misused power – indulged in private trading.
• Judges were Englishmen but local natives sometime disguided them.
• Collector paid more attention to revenue collection than civil administration.

Also Read:

• Development of Adalat System during the time of Warren Hastings