Under British colonial rule, the development of the judiciary in India underwent significant changes that shaped the legal landscape of the country. The British introduced a structured legal system, primarily to serve the interests of colonial administration and ensure the maintenance of law and order. However, over time, this legal system evolved, influenced by various factors such as the need to regulate colonial territories, administer justice, and accommodate local customs and laws. From the establishment of courts to the enactment of laws, the evolution of the judiciary in British India reflects a complex interplay of colonial policies, local traditions, and evolving legal principles. Let’s explore the key phases of this development to understand how the judiciary evolved under British rule in India.
The beginning of India’s judicial system can be traced back to the Anglo-Indian era, when it was very basic. Surat, an important trading center, was where the first British settlers established their settlement. Similar settlements appeared in Bombay and Madras around the same time.
First Phase:
The British corporation was given control of three Indian colonies and set up a basic legal system to handle disputes among themselves. Non-legal Englishmen, mostly traders, were in charge of the legal and judicial matters. They made judgments based on common sense rather than formal law. The courts were under the Executive, the highest administrative power in British-controlled India, for about 150 years.
Second Phase (1773 Regulating Act):
The Supreme Court of Judicature was established in Calcutta under the 1773 Regulating Act by the British Parliament. It was modeled after the English Court of Westminster and had professional English justices. This caused conflicts with the Executive, which were resolved by the Settlement Act of 1781, making the Supreme Council independent of the Supreme Court’s jurisdiction.
Third Phase:
The Company introduced the Adalat System in Bengal to administer justice in rural areas. At first, British executive civil officials managed the Adalats, but they were more focused on administrative tasks. Over time, civil and criminal justice duties were separated, and the Collector-Magistrate played a significant role.
Fourth Phase (High Courts Act of 1861):
High Courts were established to unify the dual court system in Presidency cities and rural areas. The High Courts replaced the Supreme Court and Sadar Adalats, aiming to streamline the legal system. Calcutta, Madras, and Bombay were the first to have High Courts, which were later expanded to other provinces.
Fifth Phase (Privy Council):
The Privy Council became India’s highest court of appeal, promoting uniform laws and high judicial standards. It encouraged the codification of Indian laws for clarity and consistency. The First Law Commission in 1833 started this process, followed by the Second and Third Law Commissions
Reforms
Reforms under Warren Hastings:
- Warren Hastings introduced District Diwani Adalats to settle civil disputes, managed by a collector. These courts handled cases according to both Muslim and Hindu laws.
- Appeals from District Diwani Adalats went to the Sadar Diwani Adalat.
- For criminal cases, District Fauzdari Adalats were established, led by an Indian officer with qazis and muftis.
- The Sadar Nizamat Adalat in Murshidabad dealt with capital punishment and property matters, headed by a deputy Nizam and assisted by qazis and muftis.
- The Regulating Act of 1773 established the Supreme Court in Calcutta, which had jurisdiction over all British subjects, including Indians and Europeans.
Reforms under Cornwallis:
- Lord Cornwallis succeeded Warren Hastings and introduced judicial changes known as the Judicial Plans of 1787, 1790, and 1793.
Reforms under William Bentinck:
- Governor-General William Bentinck abolished the four Circuit Courts, transferring their duties to Collectors under the supervision of revenue commissioners.
- Sadar Diwani Adalat and Sadar Nizamat Adalat were set up in Allahabad for the convenience of upper provinces residents.
- Persian was the official language of courts, but under Bentinck’s administration, court sessions could also be conducted in local languages.
- The Supreme Court now conducts all hearings in English.
During the British rule, India experienced a lot of changes in its legal system. Many different judicial systems were tried out and many were replaced with new ones. Overall, British rule had some good effects on our legal system. It introduced the idea of a fair and impartial legal system, where the judiciary must be separate from the government.
Also Read: Evolution of Police System under British.