judicial reform

3.  After warren Hastings , Lord Cornwallis was another
Governor-General who introduced various reforms in
judicial system of India.
 As a Governor-General he introduced changes in judicial
system in 1787, 1790 1793 this are-a)
The Plan of 1787
b) The Plan of 1790
c) The Plan of 1793
The Governor-Generalship of Lord Cornwallis was very
remarkable.

4. First stage of administration of justice
1) Reunion of Revenue and Judicial Functions -:
Warren Hasting separated the power of Revenue and Judicial function
but in 1781 the court of Directors demanded simplicity , economy and
purity in Judicial system. So Lord Cornwallis reunited this two functions
in one..
2) Justice in civil cases -:
The total no. of district was reduced from 36 districts to 23
districts, for the economy in the administration each district
was in a charge of collector who was English man.
3) Appointment of Registrar-:
A subordinate officer known as registrar was appointed to assist the
collector in administration of civil Justice

5. 4) Justice in Criminal Cases -:
Cornwallis realized that revealing system of administration of
criminal Justice was very defective . Robberies, murders and other
crimes relating to the wife and property of native were increasing
dacoits and murders were protected by zamindars .
The district collector was appointed to act as magistrate in his
district. He was empowered to arrest ,trial and punish the criminal in
petty cases
5) Justice in revenue cases i.e Mal Adalat -:
Collectors revenue function in revenue court were
known as Mal Adalat. This court was quiet distant from
Diwani Adalat.a
1) Under the plan the separation between the judiciary and the executive could not be maintained.
2) The Collector was over empowered. He could not controlled from calcutta on
account of slow means of communication
3) The collector was more interested in revenue collection than the administration of
justice.

6. Second stage of administration of justice
A) Sadar Nizamat Adalat -:
The G.G and members of his council precised over the sadar nizamat
adalat. They were assisted by chief kazi of the province and two muffis
who issued ‘fatwa’.
B) Sadar diwani adalat -:
Sadar Diwani Adalat was court of appeal it took cognizance of judicial
matter and general state of police throughout the country .
Moffussil fauzdari Adalat were abolished. The whole diwani area was
divided into four divisions-: 1) Calcutta 2) munishabad 3) Dacca 4)
Patna

7. C) Momedian Criminal Law-:
Cornwallis was convinced that the momedian law was in
many respect very defective. He found that some of its
provision were contrary to natural justice and in certain
cases the punishment prescribe was too usual. The
momedian law also failed to check corruption among the
local judicial and administrative officers.
The plan of 1790 was great improvement upon the prevailing
system. It was based on the principal of check and balance. Sadar
Nizamat Adalat controlling the court of circuit and court of circuit
controlling the magistrate. Thus the plan aimed at an impartial
administration of justice. A provision far a liberal salaries aimed
at attracting men of ability, honesty and integrity it bring purity in
the administration

8. Third stage of administration of justice
Lord Cornwallis was a devotee of doctrine of separation of
powers. After gaining sufficient experience in Indian affairs
from 1787-1793 Cornwallis realized the changed condition
required major changes in the civil and revenue set up. No
doubt in his reforms of 1787 lord Cornwallis merged all the
civil, criminal and revenue powers in the hands of collectors
of the district..

10. Thus the whole system under the regulation act
of 1793 introduced many reforms sir George
bard low assisted lord corn wallis in drafting a
signal set of 48 regulations which was issued
on 1st may 1793 know as cornwallis court
The following courts came into existence due to this
plan-:
Civil Criminal
Sadar diwani Adalat Sadar Nizamat Adalat
Provincial court if appeal Circuit court
Mouffissil Diwani Adalat Mouffissil Diwani Adalat
Munsiffs and regisstars Magestrate (collector)