JUDICIAL PLAN: 1772

 JUDICIAL PLAN OF 1772

 Pre 1772, the judicial system of India was in a devastated condition, with a weak judicial system with no proper centralised judicial set up, corrupt practises in the courts and misbehaviour of Englishmen. There was no uniform system of judicial administration. 

In 1772, the first judicial plan was set up under the direction of Warren Hastings. He divided the provinces of Bengal, Bihar, and Orissa into multiple districts which were controlled by District  Collectors  whose main work was relating to collecting revenue alongside with the performing judicial supervision of the courts. The Judicial plan consisted of 37 regulations dealing  with criminal and civil laws. 

 Court of Original Jurisdiction were set up - 

1.    Mofussil Faujdari Adalat or the district court - This court established in each district dealt with the trial of misdemeanour in criminal matters and was also known as the Mofussil Nizamat Adalat. The verdict of the trials were decided by which was decided by qazi or magistrate with the

help of Maulvis (experts in Islamic law).

2.  Sadr- Nizamat  Adalat - An Appellate Court was  established in Calcutta which was also known as Sadr-Nizamat Adalat which was presided over by Daroga-i-Adalat and assisted by chief qazi, chief Mufti and three Maulvis to hear appeals from the faujdari, however they  had no rights to give a death sentence. 

3.  Mofussil Diwani Adalat - This court was responsible for the civil jurisdiction and it was established in  each district like the Mofussil Faujdari Adalat (criminal matters). The court was presided over  by a collector who was helped by native pandits and qazis. It looked into the case of value between Rs. 10 to 500.

    A small cause court was also set up to deal with petty cases in the civil court, the  jurisdiction of this court was under Rs. 10 and it was presided over by an assigned head farmer judge.

4.  Sadar Diwani Adalat- This court was composed of the Governor General and the supreme council and the value of suit here was over Rs. 500.

Warren Hastings also introduced that every type of court has to maintain, register and have to keep a record of their proceedings. The court should be open in nature so that native Indians don't shy away from the day-to-day proceedings. Anyone could come and see the court decisions   making abilities. The records of the lower courts would be sent to the higher courts for review so that the lower courts are also conscious that someone from above will scrutinise the judgements. 

Experts of Hindu/Muslim Laws like the maulvis and pandits were provided to assist the  judges in making decisions. 

A Bureaucratic framework was also set up and  the office of the district magistrate had to collect all the information about the administrative workings of the districts on matters like revenue, climate, population percentage, etc. These were done in a standardised printed form in which the population had to fill their details. The citizens were  also required to use  and present their documentation in matters of law and evidence. This report was known as the fortnightly report. 

This judicial plan was a creditable achievement of that time as the creation of a separate judiciary helped the bigger courts keep check on the lower ones in case of corrupt practices, even the higher courts were advised by experts in muslim/hindu law. The administrative districts set up that created documents and conducted consensus on the revenue collection and population percentage is highly commendable. This plan has undoubtedly helped shape our present day judicial and administrative system.