Summary

Modern Indian History Class 21

EIC administration (5:07 PM)

Judiciary:

The focus of the justice system was on a compromise between two-party and not on punishment.
British argued that there was the absence of a rule of law, that is equality before the law and uniform application of law as pandits and maulvis interpreted the religious laws differently in different cases.
The background of the party to the case influenced the interpretation and application of the law.
Dual government in Bengal, 1765-72:
Mohammad Reza Khan headed Diwani for EIC and Nizamant on behave of Nawab.
As EIC did not want to change the administration much due to the ideology of orientalism, therefore Indian officials continued to be decision-makers.
Direct government, 1772:
EIC implement its administration and rule because:
They believed that the British administration would be more efficient leading to better law and order and more revenue collection, which that's down since the great Bengal famine, in 1717
To fulfil the white man's burden by proving a fair administration without nepotism and a rule of law equally applicable to all Indians, therefore, ending any feudal privileges.
It would allow EIC to establish its sovereignty in minds of the people
That is to establish firm control in the polity of Bengal by removing Indians from senior positions in the administration.
British judicial system in Bengal:
Warren hastings system of 1772:
In Diwani Adalats at the district level, European DC was also made the judge, however, assisted by pandits and maulvis.
In Nizamat Adalats at the district level, Qazis and Muftis were contained to head the court but were now put under the supervision of European DC.
EIC accused Pandits and Maulvis of corruption since law and order and criminal justice were sensitive subjects, therefore, a continuation of Qazis and Muftis.
Sadar Diwani and Nizamat were now to be headed by Governor General and his council members
There was a conflict between GG of Bengal and SC at Calcutta setup under regulation act 1773, due to a lack of clarity in the jurisdiction of the two.
Changes in Judiciary in 1773:
Separation of power at the level of European officials was implemented, that is a European officer who was a DC was not to be a judge at the same time and vice-versa, to prevent conflict of interest
To bring justice physically closer to people, Diwani Adalats at the district level were replaced with 18 Mofussil courts headed by Europen officials/judges.
SC at Calcutta:
Judges appointed by the crown.
It was set up in 1774 under regulating act of 1773.
In 1781, the Bengal judicature act defined the jurisdiction of SC at Calcutta as:
All cases in Calcutta.
All cases relating to EIC property at fort Williams.
All cases involving British-born subjects, except for acts done by EIC officials in their official capacity(these cases went to GG Bengal).
King's bench in London heard cases against principal servants of EIC in India(for example a corruption case against GG Bengal).
HC in Madras 1800 and HC in Bombay 1823.
In 1775, a committee of 11 pandits and in 1778 a committee of Qazis and Muftis were set up for the codification of Hindu and Islamic law respectively so there are no different subjective interpretations of Hindu/Islamic law.
In 1781, a code of 1781 made written orders compulsory and rules for courts functioning framed.

Cornwallis code 1793 (6:22 PM)

Cornwallis reintroduced the separation of power at the level of European DC to reduce abuse of power by revenue officials, therefore protecting the property rights of Zamindars.
4 provincial courts of appeal were added to reduce the overall judicial burden.
All courts were headed by European judges, therefore Indians were removed from all senior positions in the judiciary due to corruption by Qazis and Muftis.
The office of Naib/Nazim was now abolished.
Appoimnetnet of Wakils/ lawyers allowed to fight cases therefore a new class of lawyers emerged in India.

The judicial system in Ryotwari areas (6:55 PM)

Ryots were made land owners and therefore courts were overburdened due to large numbers of property owners and therefore a large number of revenue-related disputes.
District courts were physically far away for poor ryots living in the village, therefore Bengal system was replaced in 1884 in madras on the advice of Thomas Munro.
Separation of power was ended at the level of DC, which was also given judicial powers so he and his subordinates can dispose of cases at ground level.
This also led to greater Indianization of the judiciary at lower levels.
Extended to Bombay in 1819, Elphinstone.

Codification of laws (7:01 PM)

Under Macaulay, the legal member was added to the Governor General of India council via the Charter of 1833.
The result was CPC, IPC, and CrPC codes.
Indian High Courts act 1861, led to 3 high courts in 3 presidencies in 1865 example SC at Calcutta, Sadar Diwani, and Nizamat were merged from the HC of Culcutta.

Police (7:07 PM)

The Mughal system of police continued until 1781.
1781 system of Warren Hastings:
Zamindars at the village level reported to DC/DM.
Zamindars atrocities because of improper supervision due to an inadequate number of DC.
Cornwallis system/Daroga system:
At district level DC/DM and below then Daroga at thana level.
Each thana had 30 sq. miles of the area under it.
Police powers of Zamindars taken way.
The district was divided into thanas.
The result was the system failed and the Daroga-Zamindar nexus became an instrument of coercion in the 1800s as zamindar bribed Darogas, therefore illegally having armed men.
Cornwallis blamed Indians for the negatives of the system.
It was applied to Madras in 1802 and the negatives of this led to its removal and police powers were given to lower bureaucrats under DC/DM, which led to oppression by Mirasidars.
Indian police act 1861:
Therefore for the 1st time, a well-defined hierarchy of specialists with a clear chain of command from top to bottom was set up.
After the 1857 revolt, the British ensured Indias are excluded from all senior positions
Police Commission 1902 recommended the appointment of educated Indians in the police force, however, Indian stopped in ranks where European. began because the British did not trust Indians.

Civil services (7:32 PM)

Cornwallis reduced patronage, that is promoted merit-based selection, increased salaries to curb corruption, ended private trade by EIC officials, and reintroduced separation of power at the level of DC.
Cornwallis is also known as the father of civil services.
He organized civil service into covenanted and uncovenanted civil service.
In 1833 lower bureaucracy and judicial positions opened to Indians by Charter 1833.
In 1853 covenanted civil service was opened to Indians as Charter 1853 prescribed an exam for civil service that was opened to Indians.
In 1855, 1st civil service exam was held.
With the 1857 revolt, the British ensured that the exam continues to be held only in London and the age limit was kept low.
In 1860, there was pressure from the Indian national movement for the Indianization of civil service.
In 1878, Lytton brought the statutory civil services act of 1878.
Under statutory civil services, Indians could be nominated to officer rank but Lytton ensured that only loyal Indians are nominated.
In the Indian council act of 1892, statutory civil service was abolished and covenanted CS was renamed to Indian CS, and uncovenanted rearranged to provincial CS.
GoI act 1919, the decision for simultaneous CS exam in India and 1st held in 1922.

The topic of the next class: Socio-religious reforms.