,GLA UNIVERSITY – MATHURA

UTTAR PRADESH – 281406

Social Project :-
TOPIC :- Warren Hasting Judicial Plan 1772,
1774, 1780
Subject : - History
SUBMITTED TO SUBMITTED
BY
Dr. Tarun Pratap Singh Aryaman Fauzdar
Assistant Professor Basant Krishnan Rawat
ILSR, GLAU Roll no – 2351110007
BA(Hons)LLB
 Acknowledgement : -

I would like to express special thanks and

appreciation towards my sir Dr. Tarun Pratap Singh
who gave this golden opportunity and chance to do this
wonderful project which even lead a positive impact on
my life by understanding it’s new concepts on the topic
Article 22 they both have given me the internal idea of
this project and sir explained it in brief.
On the other hand I would also mention the importance
of my parents and friends who provided the help and
guided me a lot in finalizing this project
Within a certain time.
~ Aryaman Fauzdar and Basant Krishnan Rawat
BA.[HONS]LLB

INDEX : -
1) Origin
 2) Intoduction
3) Judicial Plan of 1772
4) Judicial Plan of 1774
5) Judicial Plan o 1780
6) Case Laws
7) Conclusion

Beginning of adalatt system : warren

hasting
The East India Company became an accepted political power in
Bengal. However to avoid the interference of British Parliament, ill
will jealousy of the French and the Portugese, did not declare itself a
de jure political power and continued to recoginse the nominal heads.
In 1765, The term Mofussils was coined to describe the areas that
encircled the presidential towns that the British had taken control of
following their acquisition of the Diwani rights of Bengal, Bihar, and
Orissa in 1765.
Even though there was created a legal system in the capital cities of
Calcutta, Bombay, and Madras, operating under the names of the
Mayor's Court and the Court of Governor-in-Council; nevertheless,
the same system was necessary in these nearby districts, which were
to be known as Mofussils. The colonial giant won the Diwani rights,
and Warren Hastings, the governor of Bengal at the time, had the
responsibility of properly implementing them.

It was becoming clear that Lord Clive's support of the oppression of

the Ryots by zamindars and small-time rulers was bad for the colonial
government in these regions. Warren Hastings proceeded to
implement reformative judicial procedures while keeping in mind
such a corrupted setup.

Judicial plan of 1772

In 1772, Warren Hastings introduced a judicial administration plan
and a revenue administration system, which eventually laid the
groundwork for the Adalat system in India, given the above-
mentioned historical circumstances.
This scheme split the regions of Bengal, Bihar, and Orissa into several
districts. An English company servant was assigned as the collector in
each district, with the responsibility of collecting revenue and
exercising judicial authority.

Different Courts in Adalat System :-

Small Cause Courts -These courts, which handled minor or trivial

cases, were located in every village or pergunnah. Previously,
judgments rendered by these courts were enforceable up to Rs 10.
Either the head farmer of the corresponding pergunnah or the village
headman presided over these courts.
Mofussil Diwani Courts - These courts, which were formerly located
in every district, were in charge of handling revenue-related matters
as well as civil proceedings involving disagreements over contracts,
debts, marriages, inheritance, castes, disputed accounts, personal
property, partnerships, etc demand for rental space. Prior to this, the
court's decisions up to a maximum of Rs 500 were considered final in
terms of their pecuniary jurisdiction.
The district collector served as the court's judge and collaborated with
indigenous law enforcement officials like kashi and pundits.
When the collector lacked expertise of the case, these law
enforcement officials would aid the judge. personal laws of Muslims
and Hindus that were to be applied to various cases that were brought
before the court.

Mofissul Nizamat Adalat - The Fauzdari Adalats were another name

for these courts. These courts were likewise located in every district,
but they used to exclusively handle criminal cases, in contrast to the
mofussil Diwani Adalat. Furthermore, it lacked the authority to hear
instances involving fatalities penalties or instances requiring the
confiscation of the accused's property, since these cases were to be
brought before Sadar Diwani Adalat for final decisions.
The only law enforcement agents that presided over these tribunals
were Muslims. The Kazi and the Mufti used to issue Fatwas and
pronounce decisions in accordance with the law, while the Moulvi
explained the law.
Sadar Diwani Adalat - This was the apex court for civil cases in
the province. It used to have both the appellate as well as original
jurisdiction as it not only used to hear appeals from mofissul diwani
adalat but also used to take up cases which involving dispute of over
500. On each petition or appeal, it used to charge five percent of the
sum in dispute. It was situated in Kolkata's presidential town and was
headed by the governor and his council. It convened for the first time
on March 17, 1773.
Sadar Nizamat Adalat - This was the province's highest court for
criminal proceedings. It once had appellate as well as original
jurisdiction, just like Sadar Diwani Adalat. As previously stated, it
formerly had particular jurisdiction to make decisions regarding
capital punishment and property forfeiture. When someone was given
the death penalty, this Adalat prepared the death warrant, which the
Nawab, as leader of the Nizamat, was supposed to sign. Daroga-I-
Adalat, who previously served as this court's judge, presided over it.
Three Moulvies, a Chief Mufti, and a Chief Kazi supported him.
Originally situated in Calcutta, it was subsequently moved to
Murshidabad, the home of the Nawab, to minimize the effort required
to obtain his signature in instances involving death penalties. An
additional development that Later on, it was observed that Naib
Nazim's office developed, and Mohd. Reza Khan was appointed to
work and provide approval on Nawab's behalf.
 Judicial plan of 1774
Warren Hastings and the company director recognized the
shortcomings of the Plan of 1772 and requested that the governor and
council remove the collectors and look for other arrangements. As a
result, the Calcutta administration proceeded to enact the new plan.
on November 23, 1773, for the administration of justice and revenue
collection, and put it into effect in January 1774. He achieved this by
creating six divisions within the districts of Bihar, Orissa, and
Calcutta. Each division had its headquarters in one of the following
cities: Patna, Burdwan, Murshedabad, Dinajpore, Dacca, and Kolkata.
As a result, each of these divisions was made up of multiple districts.
The collector was withdrawn from these areas, and the Diwan, also
known as the Amil, was established in its place.

 Appointment of Amils/Diwans – Amils/Diwans have replaced

the collectors and were appointed in each district. There criteria
was to act as revenue collector as well as a judge of Mofussil
Diwani Adalat.

 Divisions - The territory of Bengal, Bihar and Orissa was

divided into six divisions headquartered at Calcutta,
Murshidabad, Dinajpur, Dacca and Patna such that each division
used to have several districts under its command. For example-
Patna division had the whole of bihar under it.

Provincial Councils - A Provincial Council consisting of 4-5

covenanted servants of the company was created in each division
which had the following functions:-
i) Supervision of revenue collection– They were to supervise
the collection of revenue by the Amils.
ii) Hear appeals from Mofussil Diwani Adalat– They used to
hear appeals from Mofussil Diwani Adalat such that an
appeal lie to Sadar Diwani Adalat if the dispute involved
matter above Rs.1000 in value.
 Judicial Plan of 1780, First Indian Civil
Code Prepared:
Warren Hastings knew that the judicial plan of 1774 was not perfect,
and He made changes to the judicial plan of 1774, On April 11, 1780
new plan was introduced. As per the plan of 1780 judicial and
executive functions were separated.

Adalats – Function 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 adalats
were few to administer those large areas, because of this, cases were
more, time was limited with the judges and thus arrears piled up in
every adalat and the other problem was that witnesses have to travel
lot to reach the adalats There was only one Adalat in the whole of
Bihar ,Because of this people thought it 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 the 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 Warren
Hastings proposed in the Council that chief justice Sir Elijah Impey
be requested to accept the charge of the office of the Sadar Diwani
Adalat and Impey accepted this code of 1781 clearly defined the
functions, powers and jurisdiction of Sadar Diwani Adalat.
This code was translated in Persian and Bengali language that time. In
India, Impey was doing great job, but in England People were not
happy with the Impey because of Impey was appointed as the
Supreme Court judge to monitor the Company affairs in India. But in
India Impey stated to work as a company servant when he accepted to
work as the Judge of Sadar Adalat. Accepting this violated the
Regulation act. Because of other job, they believed that Impey would
not do the justice with the job of Supreme Court.

Conclusion

This project has made me an a brilliant reader

and learner I have learnt many new things and
occupied much knowledge while making up this
project and got lot of fun and entertainment in
 this I remain indebted to my project teacher and
parents who had helped me and guided me in
completing my project.

bibliography

For making this project the sources I have used for

taking help which are following : -

Outlines of Indian Legal & Constitutional History

[M.P Singh]
 PDF of all charter acts
Scribd.com
The lectures delivered by Tarun sir in Constitution
class.

~ Thank You