Volume 2, July 2018 ISSN 2581-5504

“The East India Company: Legal and Judicial System and its Reforms”
Damini Nagar
B.A.LL.B
Indore Institute of Law
INTRODUCTION

The coming of the East India Company and its need to strengthen its empire in India needed a
bed-rock of validation other than its military might. In order to justify its control over its Indian
possessions, in the latter half of the 18th century it had to “device a vision at once of India’s past
and its future to design an effective administrative and legal structure.’’ The British legal system
imposed on India was neither totally European in character nor did it leave the Indian legal
system untouched. With the grant of ‘Diwani’ rights in 1765, the East India Company was given
the land revenue rights and administrative rights to civil justice in newly acquired Bengal. One
of the prevailing questions faced by the Company was the dilemma over the status of the
prevailing judicial structures in the province. It was important to decide whether the old judicial
system was to be retained or a new system, based on judicial law should be introduced. Some in
the EIC realized that a somewhat workable mixture of European and indigenous legal structures
was also possible. Back in Britain, the capacity to assess and collect taxes was totally contingent
on the backing of existing legal systems as the courts guaranteed and protected property rights.
Warren Hastings, after taking charge as governor general in 1772, planned to establish a
competent network of courts ,especially since they were needed to help in the liquidation of
debts at interest, to deal with disputes between raiyats and farmers or between farmers and
government officers, and to decide complex questions of inheritance. However, the institution of
new law courts had raised new questions of legality and authority. Another strategic question
facing the Company was the question whether it possessed the required political authority to
totally restructure local judicatures. Warren Hastings solution was to work on improving existing
courts, rather than totally reshaping their authority.1

Seated in Calcutta, two courts were supposed to act as the court of appeal for lower civil and
criminal courts sitting in the districts of Bengal. In addition, each district was to have two courts
a mofussil diwani adalat for the Cognizance of Civil Causes and a faujdari adalat for the trial of
all Crimes and Misdemeanours. The new judicial system saw a curious delegation of power
between Indian and European officials. Company officials, senior council members in the chief
adalat and the district collectors were to preside over the civil courts. In the criminal court
system, which would remain a part of the nizamat branch of government under the old Nawabi
order, a continuity was maintained as Qazis and Muftis (the Muslim law officials) were to
preside, despite the fact that even these criminal courts would come under the supervision of the

1
http://www.ijhssi.org/papers/v3(4)/Version-1/J0341059062.pdf

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Governor-General. The 1772 judicial plan was centre on the programme to preserve indigenous
laws of India. 2It is important to locate the nature of the debates over Indian law that the East
India company legal reforms sought to address. It was a commonly held belief among many
British observers of India that Indians were governed by no other principle of justice than
arbitrary wills, or uninstructed judgement. Hastings however was critical of this view of Oriental
Despotism and argued that for both Hindus and Muslims there were extensive bodies of legal
texts and commentaries and the “ancient constitution” of Bengal was very much intact.

He believed that the study of ancient Indian learning would not only be a gain of humanity, but
would also lessen the weight of the chain by which the natives are held in subjection. To this
end, Hastings persuaded “eleven of the most respected pandits in Bengal to compile from the
sanskrit literature on Hindu law a code that could be translated into English for the newly
appointed judges to use. The English translation by N. B. Halhed was published in London in
1776 as A Code of Gentoo Laws or Ordinations of the Pundits. The Oriental tradition led to the
founding of institutions like the Calcutta Madras (1781), the Asiatic Society of Bengal (1784)
and the Sanskrit College in Benares (1794), all of which was meant to promote Indian languages
and scriptures. Many of the researches and papers were published as monographs, with many
more in Asian Researches, a periodical of the Asiatic Society of Bengal. However, the
Orientalist scholars made certain fundamental assumptions that had a far reaching impact on all
subsequent British understanding of India. Deriving inspiration from the Roman Empire that
allowed its subjects the free practice of their own religion and civil jurisdiction, they emphasized
the policy of tolerance on the part of the British towards the conquered Indians. However, they
presumed that Hinduism was a coherent religion, like Christianity, and that its doctrinal core was
to be found in ancient Sanskrit texts. For advice on interpretation of the texts, they turned to the
priests of the religion, the Brahmins. Besides, they set for themselves the project of identifying a
fixed body of knowledge that could then be codified into Hindu and Muslim law. Scholars like
William Jones believed that the earliest legal texts were the most authoritative, for the later ones
became corrupt by accretions and commentaries. Thus, though the notion of Oriental despotism
received a jolt with the discovery of ancient legal texts, India continued to be viewed as a
quintessential Oriental land, and the other of Europe.

LAW REFORMS IN BRITISH INDIA:

During the late eighteenth and governor early nineteenth centuries, the Indian cities are very
similar to British cities of the time, were poorly administered and policed. Crimes were
widespread and corruption was rampant particularly within the police. Lord Charles Cornwallis
complete that implementation of judicial reforms would not be complete while not complete the
police reforms. Abundant of the criminal justice system in Bengal remained within the hands of

2
http://www.ijhssi.org/papers/v3(4)/Version-1/J0341059062.pdf

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the nominal native ruler of the company’s territory. Warren hasting had tried many times to
create changes in policing and also to make changes in the administration of justice, however
with restricted success William Jones, associate degree knowledgeable on languages and system
in ancient republic in India, translated the prevailing Hindu and Muslim penal codes into
English. The restricted objective was that the principles of the traditional texts might be
evaluated and applied by communicatory judges.3

In 1787, Lord Charles Cornwallis gave restricted criminal judicial powers to the company’s
revenue collectors who had already served as civil magistrates. Most significantly, the collector
was divested of judicial and magisterial powers and entrusted with the duty of administration of
the revenue. In 1790, the corporate rook over the administration of justice from the governor and
Charles Cornwallis introduced a system of circuit courts with a judicator that met in urban center
and had the ability of the review over the circuit courts selections. However, most of the judges
were non-native. Lord Charles Cornwallis had effort to harmonize completely different codes
existing at that point. Despite the simplest intentions, the general reforms resulted in
institutionalizing discrimination through judicial reforms. One consequence of the general code
was that it in effect institutionalized a discrimination against the natives within the system. 4
These policies light-emitting diode to the event of associate degree elite category of English
judges in Asian nation. English judges were appointed to varied courts in Asian nations as well
as the high court and therefore the federal courts till Asian nation became republic in 1950. The
crown courts in Asian nation operated on the idea of law or equity and rule of fine conscience.
According to Lord Hob house, the expression justice, equity and sensible conscience may well
be interpreted to mean the principles of English law if found appropriate to Indian society and
circumstances. However the precise scope which means of this phrase was not the law against
kid wedding in Asian nation.

JUDICIAL SYSTEM IN EAST INDIA COMPANY:

INTERFERENCE BY COMPANY:

East India Company slowly and gradually started interfering in the

local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In the
Company was granted revenue collection as well accustoms of three provinces. The company
also acquired the administration of justice under the area of their control and the role of Muslim
kazis and judges was over. Company’s officials who were rather than trained judges were
running the court system and the Privy Council was born as the highest court of appeal.

3
R.S. Sharma “Ancient India” New Delhi, Publication Department, NCERT 1990 p. 11
4
R.S. Sharma “Ancient India” New Delhi, Publication Department, NCERT 1990 p. 11

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COMPANY’S ROLE:
The Charter authorized the company to make laws, orders and constitutions for the good
governance of itself, its servants, and for the advancement of its trade and traffic. The Company
could also impose penalties and punishments by way of fines and imprisonment. The Company
could not give capital punishment for serious criminal cases such as murder. The laws made by
the company, however, could not be against the laws of England Justice the Company was
administering in the beginning for its own employees, especially in the three presidency towns of
Calcutta, Madras and Bombay Company start penetrating the local judicial system.

CHANGES IN JUDUICIAL SYSTEM:

British rulers modified the complete administration of country particularly the law and justice.
However, Even Indians were appointed as judges, any contact between judges and also
the people was discouraged.

CHANGES BY EAST INDIA COMPANY IN JUDICIAL SYSTEM:

 The Charter Act of 1661

 The Charter Act of 1683
 The Charter Act of 1726
 The Regulating Act of 1773
 The Charter Act of 1793
 The Regulation of 1827
 The Charter Act of 1833
 The Indian Penal Code 1861
 The Criminal Procedure Code 1862
 The Judicature Act of 1861
 The Regulation of 1866
 Indian Law Reports Act 1875
 The India High Court Act 19115

THE CHARTER ACT OF 1661:

The Most vital of the first Charters is that the one granted by Charles II on April 3, 1661.
It licensed the Governor (President) and Council of every manufacturing plant to
gauge beneath to the law of European country all persons, whether or not happiness to the
corporate or living there. Its purpose was to form Judicature for the company’s territorial
possessions. The Charter of 1661 was originally for Surat, however was created effective in

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Madras later on within the same year. The Agent of the Corporate was created governor World
Health Organization had to administer the Charter. The Island of Mumbai was ab initio non
inheritable by the Portuguese in 1534, by relinquishing from the King of Gujarat, ruler Bahadur.

BOMBAY AND MADRAS:

Bombay was a really little and poor city at that point. In 1668, Charles II gave the corporate full
Powers, Privileges, Jurisdiction for governance, legislation and administration of justice. In
March, 1678, the Governor and council of Madras created a state supreme court of Judicature
and resolved to make a decision all civil and criminal cases with the assistance of a jury
of twelve men. All different cases and appeals lay to the state supreme court of judicature. Thus,
a hierarchy of courts was established in Madras. On August nine, 1683, Charles II granted a
Charter to the corporate authorizing it to ascertain one or additional such courts. The court was
to in-corporate a person learned in civil law and two merchants were appointed by the company.
In 1687, the corporate sent from European nation Sir John Biggs, an expert attorney to
act because the choose advocate. Thereafter, the Governor and therefore the council relinquished
their judicial functions. The Admiralty Court became the overall court in Madras. Sir Biggs died
in 1689 and therefore the Governor and therefore the council appointed the Governor and
therefore the choose advocate with two members of the council because the judges of the
Admiralty Court. In 1692, a replacement judge-advocate John Dolton, was sent from European
nation, however he was laid-off in 1694 on corruption charges. Subsequent judge-advocate was
an official adult male William Fraser.

THE CHARTER ACT 1726:

The Charter of 1726 centered on uniformity altogether the three places. The courts
established beneath the 1726 Charter derived their authority from the King and not from the
corporate. Beneath the new Charter Madras had a politician court consisting of a politician and
nine aldermen. Attractiveness lay to the Governor and council. Fifteen more attractiveness lay to
the King-in-Council. The corporate was allowed to appoint for Madras and its dependencies a
general or generals to command the land and ocean forces was allowed beneath the Charter.
Same was the case of Mumbai and Calcutta. Altogether the three places cases between the
natives weren't amused by the English Courts; however if they requested the Mayor's court, then
it assumed jurisdiction. Thus, the corporate tried to respect the sovereignty of native rulers. The
sole additions during this Charter were the creation of a Court of
Requests whereas attractiveness in civil cases lay to the council in European country. Madras
was conquered by the French in 1746 and command it until 1749.

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ESTABLISHMENT OF COURTS:
 The High Court of Judicature
 The Admiralty Court
 The Court of Bombay
 The Mayor‟s court
 The Choultry Court
 The Diwani Adalat
 A Fajudari Adalat
 The Sadar Nizamat Adalat
 The Sadar Fajudari Adalat
 The Court of Circuit
 The Privy Council
 The High Court
 The Supreme Court

ADMIRALTY COURT:
In Bombay associate Admiralty Court was established in 1684 and Dr John St.
John, knowledgeable attorney, was sent from England. Relations between Dr John and
Governor worsened and therefore the later took the powers from the previous to
undertake standard civil and criminal cases. The Governor established another court to
undertake civil and criminal cases headed by landscapist, WHO wasn't de jure trained. Dr John
was pink-slipped by the Governor in 1687 for his judicial independence. It’s as a result of of this
episode that the corporate was terribly reluctant to bring skilled lawyers from England though it
had been provided within the Charters. Bombay remained beneath the Mughal occupation from
1690 to 1718.In 1718 another court appeared in Bombay. It consisted of nine judges and a chief
justice. Four judges were Indians and were known as black judges. The court had jurisdiction all
told cases and wasn't mistreatment any jury. It had been setting once per
week and wasn't certain by any precedent. The system continued until 1726 and there square
measure several cases of gross injustices meted out by the court to innocent Indians.

MAYOR COURT:
In 1688, the corporate established the Madras Corporation and created a Mayor’s court as a part
of it. The court had one civil authority and twelve aldermen and was conjointly known as the
Court of Record. A talented professional person had to be appointed because the Recorder. In the
Madras Mayors Court the primary Recorder was Sir John Biggs who
was conjointly choose advocate within the Admiralty Court. The Mayors Court had jurisdiction
in civil cases likewise as criminal cases. In civil cases valuing over three pagodas, and in
criminal cases once the wrongdoer was sentenced to lose life or limb appeals from the Mayors

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Court lay to the Admiralty Court. It's vital to notice that Sir John Biggs was
choose in each courts. The civil authority Court used jury in criminal cases. In 1712, the
Governor associate degreed council in Madras determined that death sentences are given to the
natives solely and to not an Englishman. The Admiralty Court failed to set often once 1704 and
appeals from Mayors court lay to the Governor and council. The Choultry Court was to do petty
cases, civil cases of up to two pagodas.

REVENUE COLLECTING:
The Company’s main role until 1757 wasn't the acquisition of
territory however rather facilitation of trade and commerce. In 1717, the corporate had
secured the correct to gather revenue over thirty eight villages close to Calcutta. In
1756, governor Siraj-ud-Dula captured Calcutta. However, country took it back within
the notable battle of Plassey however it failed to annex the territory and put
in Mir terrorist as governor. This territory was known as the corporate provided the adalat system
for the administration of justice within the moffussil. In 1765, the nominal Mughal
Emperor crowned head Alam granted the Diwani of geographical region, state associate
degreed state to the corporate for the quantity of twenty six lakhs of rupees every year.
The relinquishing of the Diwani or revenue administration of geographical region, state
and state marks the start of a replacement era. The corporate was making an attempt to point
out that it's non inheritable no sovereignty which its administration was at intervals the Mughal
Law. As Diwani, the corporate additionally controlled and picked up customs. Though natives
were elbow grease administration they were supervised by the corporate officers. The corporate
assumed full responsibility for collection revenue itself in 1771.

LAW REFORMS IN BRITISH INDIA:

During the late eighteen and early nineteen centuries, the Indian cities, very like British cities of
the time, were poorly administered and policed. Crimes were widespread and corruption was
rampant particularly within the police .Lord First Marquess Cornwallis accomplished that
implementation of judicial reforms wouldn't be complete while not police reforms. abundant of
the criminal justice system in Bengal remained within the hands of the governor, the
nominal native ruler of the company's territory. The restricted objective was that the principles
of the traditional texts might be evaluated and applied by communicative judges6. In 1787,
Lord First Marquess Cornwallis gave restricted criminal judicial powers to the company's
revenue collectors, World Health Organization had already served as civil magistrates. most
significantly, the collector was divested of judicial and magisterial powers
and entrusted with the duty of administration of revenue. In 1790 the corporate took over the
administration of justice from the governor, and First Marquess Cornwallis introduced a system

6
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of circuit courts with a judicature that met in urban center and had the facility of review over
circuit court choice efforts to harmonize totally different codes existing at that point. By the time
of his departure. However, most of the judges were non-native. Lord First Marquess Cornwallis
had initiated 1793.

CONCLUSION:
During British rule, it will be same that Asian country went through an excellent deal of
experimentation and empirical learning. several courts were created and so abolished and
replaced with new mechanisms to resolve disputes. country decree Asian country, had
some terribly positive impacts on our system, and therefore the manner during which we tend
to administer justice: Rule of law alongside the importance of associate
degree freelance judiciary were introduced through country regime. The conception of separation
of powers was enunciated and increased in Asian country through their laws and policies..
They inflated the access to justice, permanent its reach to the tiniest elements of the country.
Through the Law Commissions Asian country finally had a certain set of laws that might be
applied uniformly The real impact was felt post-independence through our Constitution laws.
However, this concept of a good and impartial system wherever the judiciary
was freelance from the opposite organs of state, came to Asian country solely via country.
The system that existed once country came to Asian country, was in nice would like of reform
and therefore country gave our system the a lot of required modification7. Through their
experimentation, the Constituent Assembly was able to see what new practices and
what previous Ancient practices can be coupled to make our new system when independence. It
is so over that the contributions of country are thus necessary that the terribly existence of our
judiciary and system will be attributable to them. truth impact of country efforts will therefore be
summarized by spoken communication that they revamped our system to form it fairer
and additional accessible to any or all voters.

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