worked with the help of two maulvis. Over the district courts were created the courts of
appeal at Calcutta. The Sadar Diwan Adalat consisted
of
the Governor and two
members of the council assisted by the Diwan of the exchequer, the head Qanungo etc.
Sadar Nizamat Adalat was presided over by the Nazim's deputy, a muslim officer, who
was assisted by Maulvis.
In 1773 the Regulating Act set up
in
Bengal the Supreme Court wh~ch
derived its power
from the Crown. The establishment of the Supreme Court led to the emergence of two
rival sets of judicial authorities: The Supreme Court, and Sadar Diwani Adalat. A
temporary solution was found with the appointment of the Chief Justice of the Supreme
Court as Presrdent
of
the Sadar Diwani Adalat.
In 1790 criminal appeals were transferred to the Governor-General and Council who
was to be assisted by Chief Qazi and two muftis. This was part of the general policy of
Cornwallis in replacing Indians by Europeans in all higher posts. Cornwallis established
District courts under British judges. He separated the posts of civil judge and the
collector from whom appeals lay to four new appellate courts set up at Calcutta, Dacca,
Murshidabad and Patna. Below the district courts were Registrar's courts, headed by
Europeans and a number of subordinate courts headed by Indian judges known as
Munsifs and Amins.
Cornwalliserected the structure
of
a
system
of
govcrnmcnt undcrwhich India came to
be ruled for
t h c
next hundrcd years.
I t
was bascd on thc perpetuation of foreign rulc
and exploitation of the wealth
of
thc governed.
Colonialism
:
The
New
Administrative
System
-
Pre
and
Pmt
1 8 7
-
- -
In 1801 the judicial authority of the Governor Generill anrl council came to an end and
three judges were appointed to form the S:ltl;~r
Iliwuni Arlalat or
~
i
v
l
Appellate
Court.
The principle of duality hetween thc courts of the Crown and the zamindari courts
e-nded in 1Mil whcn the Indian High Court Act established High C:ourts at Calcutta.
Madras and Bombay in placc of the Suprc~nc
C'ourt
:I>
wcll
a h
thc S:I~~:II-
Cour~.
Imperialism.
Nationalism
Colonialism
and
The important features of the new judicial set up were the rule of law. equality before
law, recognition of the right to be judged by his personal law and thc growth
o f
the
professional and trained judicial hierarchy.
However, the new judicial system suffered from certain serious weaknesses. In criminal
cases the Europeans had separate courts and even laws. They were tried by European
judges who at times gave them undue protection. In civil matters the situation wasquite
scrious. The courts were situated at distant places. the procedures were long and tinic
consuming. Justice was proving very expensive. Village committees and panchayats
lost importance even in the village matters.
