Company Rule in India - Justice System

Justice System

An 1833 Lithograph of the Sadr Diwāni Adālat, the Chief Civil Court for Indians, on Chowringhee Road, Calcutta. Coloured engraving of the judges and officers of Hindu (top row) and Muslim (bottom row) law in the Recorder Court in Bombay, 1805. The Court-House Building on Apollo Street, Bombay (third building on left, just beyond the domed Ice House) shown in 1850.

Until the British gained control of Bengal in the mid-18th century, the system of justice there was presided over by the Nawab of Bengal himself, who, as the chief law officer, Nawāb Nāzim, attended to cases qualifying for capital punishment in his head-quarters, Murshidabad. His deputy, the Naib Nāzim, attended to the slightly less important cases. The ordinary lawsuits belonged to the jurisdiction of a hierarchy of court officials consisting of faujdārs, muhtasils, and kotwāls. In the rural areas, or the Mofussil, the zamindars—the rural overlords with the hereditary right to collect rent from peasant farmers—also had the power to administer justice. This they did with little routine oversight, being required to report only their judgments in capital punishment cases to the Nawāb.

By the mid-18th century, the British too had completed a century and a half in India, and had a burgeoning presence in the three presidency towns of Madras, Bombay, and Calcutta. During this time the successive Royal Charters had gradually given the East India Company more power to administer justice in these towns. In the charter granted by Charles II in 1683, the Company was given the power to establish "courts of judicature" in locations of its choice, each court consisting of a lawyer and two merchants. This right was renewed in the subsequent charters granted by James II and William III in 1686 and 1698 respectively. In 1726, however, the Court of Directors of the Company felt that more customary justice was necessary for European residents in the presidency towns, and petitioned the King to establish Mayor's Courts. The petition was approved and Mayor's courts, each consisting of a Mayor and nine aldermen, and each having the jurisdiction in lawsuits between Europeans, were created in Fort William (Calcutta), Madras, and Bombay. Judgments handed down by a Mayor's Court could be disputed with an appeal to the respective Presidency government and, when the amount disputed was greater than Rs. 4,000, with a further appeal to the King-in-Council. In 1753, the Mayor's courts were renewed under a revised letters patent; in addition, Courts of Requests for lawsuits involving amounts less than Rs. 20 were introduced. Both types of courts were regulated by the Court of Directors of the East India Company.

After its victory in the Battle of Buxar, the Company obtained in 1765 the Diwāni of Bengal, the right not only to collect revenue, but also to administer civil justice in Bengal. The administration of criminal justice, the Nizāmat or Faujdāri, however, remained with the Nawāb, and for criminal cases the prevailing Islamic law remained in place. However, the Company's new duties associated with the Diwāni were leased out to the Indian officials who had formerly performed them. This makeshift arrangement continued—with much accompanying disarray—until 1771, when the Court of Directors of the Company decided to obtain for the Company the jurisdiction of both criminal and civil cases.

Soon afterwards Warren Hastings arrived in Calcutta as the first Governor-General of the Company's Indian dominions and resolved to overhaul the Company's organization and in particular its judicial affairs. In the interior, or Mofussil, diwāni adālats, or a civil courts of first instance, were constituted in each district; these courts were presided over by European Zilā judges employed by the Company, who were assisted in the interpretation of customary Indian law by Hindu pandits and Muslim qazis. For small claims, however, Registrars and Indian commissioners, known as Sadr Amīns and Munsifs, were appointed. These in their turn were supervised by provincial civil courts of appeal constituted for such purpose, each consisting of four British judges. All these were under the authority of the Sadr Diwāni Adālat, or the Chief Civil Court of Appeals, consisting of the Governor of the Presidency and his Council, assisted by Indian officers.

Similarly for criminal cases, Mofussil nizāmat adālats, or Provincial courts of criminal judicature, were created in the interior; these again consisted of Indian court officers (pandits and qazis), who were supervised by officials of the Company. Also constituted were Courts of circuit with appellate jurisdiction in criminal cases, which were usually presided over by the judges of the civil appellate courts. All these too were under a Sadr Nizāmat Adālat or a Chief Court of Criminal Appeal.

Around this time the business affairs of the East India Company began to draw increased scrutiny in the House of Commons. After receiving a report by a committee, which condemned the Mayor's Courts, the Crown issued a charter for a new judicial system in the Bengal Presidency. The British Parliament consequently enacted the Regulating Act of 1773 under which the King-in-Council created a Supreme Court in the Presidency town, i.e. Fort William. The tribunal consisted of one Chief Justice and three puisne judges; all four judges were to be chosen from barristers. The Supreme Court supplanted the Mayor's Court; however, it left the Court of Requests in place. Under the charter, the Supreme Court, moreover, had the authority to exercise all types of jurisdiction in the region of Bengal, Bihar, and Orissa, with the only caveat that in situations where the disputed amount was in excess of Rs. 4,000, their judgment could be appealed to the Privy Council. Both the Act and the charter said nothing about the relation between the judiciary (Supreme Court) and the executive branch (Governor-General); equally, they were silent on the Adālats (both Diwāni and Nizāmat) created by Warren Hastings just the year before. In the new Supreme Court, the civil and criminal cases alike were interpreted and prosecuted accorded to English law; in the Sadr Adālats, however, the judges and law-officers had no knowledge of English law, and were required only, by the Governor-General's order, "to proceed according to equity, justice, and good conscience, unless Hindu or Muhammadan law was in point, or some Regulation expressly applied."

There was a good likelihood, therefore, that the Supreme Court and the Sadr Adālats would act in opposition to each other and, predictably, many disputes resulted. Hastings' premature attempt to appoint the Chief Justice, Sir Elijah Impey, an old schoolmate from Winchester, to the bench of the Sadr Diwāni Adālat, only complicated the situation further. The appointment had to be annulled in 1781 by a parliamentary intervention with the enactment of the Declaration Act. The Act exempted the Executive Branch from the jurisdiction of the Supreme Court. It recognized the independent existence of the Sadr Adālats and all subsidiary courts of the Company. Furthermore, it headed off future legal turf wars by prohibiting the Supreme Court any jurisdiction in matters of revenue (Diwāni) or Regulations of the Government enacted by the British Parliament. This state of affairs continued until 1797, when a new Act extended the jurisdiction of the Supreme Court to the province of Benares (which had since been added to the Company's dominions) and "all places for the time being included in Bengal." With the constituting of the Ceded and Conquered Provinces in 1805, the jurisdiction would extend as far west as Delhi.

In the other two presidencies, Madras and Bombay, a similar course of legal changes unfolded; there, however, the Mayor's Courts were first strengthened to Recorder's Courts by adding a legal president to the bench. The Supreme Courts in Madras and Bombay were finally established in 1801 and 1823, respectively. Madras Presidency was also unusual in being the first to rely on village headmen and panchāyats for cases involving small claims. This judicial system in the three presidencies was to survive the Company's rule, the next major change coming only in 1861.