Question

what were the changes brought in the judicial system during the british period

Answer 1

The Judicial System in India was neither adopted proper procedures nor had the proper organisation of the law court from the ancient India to Mughal India. The process of litigation in Hindu was served either by the caste elder or village Panchayats or zamindars whereas for Muslim Qazi supervise the litigation issues. If there were a discrepancy, the Rajas and Badshahs were considered as the fountainhead of the justice.

The beginning of Indian codified common law is traced back to 1726 when a Mayor’s Court in Madras, Bombay and Calcutta was established by the East India Company. This was the first sign of Company’s transformation from a trading company to a ruling power with the added flavour of new elements of the Judiciary. The chronological development of the judiciary system during British India has been discussed below:

1. Reforms under Warren Hastings (1772-1785 AD)

Warren Hasting established, two court for resolving disputes –civil disputes for District Diwani Adalat and criminal disputes for District Fauzdari Adalats.

District Diwani Adalat: It was established in districts to resolve the civil disputes which were placed under the collector. In this court Hindu law was applicable for Hindus and Muslim law for Muslim. If people seek more justice then they can move to Sadar Diwani Adalat which was functioned under a president and two members of Supreme Council.

District Fauzdari Adalats: It was set up to resolved the criminal issues which were placed under an Indian officers assisted by Qazi and Muftis. The entire functioning of this court was administered by the collector. The Muslim law was administered in this court. But the approval of capital punishment and for the acquisition was given by the Sadar Nizamat Adalat which headed by a Deputy Nizam who was assisted by the chief Qazi and Chief Mufti.

The formation Supreme Court at Calcutta under the Regulating Act of 1773 AD had original and appellate jurisdiction.
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Answer 2

Judiciary in India had no conventional systems nor had the proper structure of the judicial court from classical India to Mughal India.

The method of prosecution in Hindu was assisted either by the elder or Panchayats whereas, for Muslim, Qazi acted as principal head to control the litigation issues.

various changes was brought in judicial system during the british period. Warren Hastings founded two tribunals for settling conflicts –civil conflicts for District Diwani Adalat and unlawful conflicts for District Fauzdari Adalats.

District Diwani Adalat: It was instituted in regions to determine the municipal conflicts which were placed under the authority of collector. In this tribunal, Hindu law was made applicable for Hindus and Muslim code for Muslim.

District Fauzdari Adalats: It was established to resolve the criminal matters which were placed under Indian deputies supported by Qazi and Muftis.

In 1935 the Government of India Act revised the formation of the Indian Administration from “unitary” to that of “national” character. The division of powers between the Center and the Regions will help to avoid conflicts, which would have occurred between the constituting units and the Federation.