Development Of Judiciary In British India
- District Diwani Adalats under a collector were established in districts to try civil disputes where Hindu law applicable for Hindus and the Muslim law for Muslims. The appeal from District Diwani Adalats lay to the Sadar Diwani Adalat.
- District Fauzdari Adalats were set up to try criminal disputes and were placed under an Indian officer assisted by qazis and muftis. These adalats also were under the general supervision of the collector. Muslim law was administered in Fauzdari Adalats. The approval for capital punishment and for the acquisition of property lay to the Sadar Nizamat Adalat at Murshidabad which was headed by a deputy Nizam (an Indian Muslim) assisted by chief qazi and chief mufti.
- Under the Regulating Act of 1773, a Supreme Court was established at Calcutta which was competent to try all British subjects within Calcutta and the subordinate factories, including Indians and Europeans. It had original and appellate jurisdictions.
Reforms under Cornwallis (1786-1793)
- The District Fauzdari Courts were abolished and, instead, circuit courts were established at Calcutta, Dacca, Murshidabad, and Patna. These circuit courts had European judges and were to act as courts of appeal for both civil and criminal cases.
- The Sadar Nizamat Adalat was shifted to Calcutta and was put under the governor-general.
- The District Diwani Adalat was now designated as the District, City or the Zila Court and placed under a district judge. The collector was now responsible only for the revenue administration with no magisterial functions.
- A gradation of civil courts was established for both Hindu and Muslim laws
- The Cornwallis Code laid out the separation of revenue and justice administration, establishment of the sovereignty of law, brought European subjects under jurisdiction.
Reforms under William Bentinck (1828- 1833)
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The four Circuit Courts were abolished and their functions transferred to collectors under the supervision of the commissioner of revenue and circuit.
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Sadar Diwani Adalat and a Sadar Nizamat Adalat were set up at Allahabad for the convenience of the people of Upper Provinces.
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Till now, Persian was the official language in courts. Now, the suitor had the option to use Persian or a vernacular language, while in the Supreme Court, the English language replaced Persian.