Question

what were the changes introduced in the judiciary system after the advent of the British ?

Answer 1

The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company. The company was granted charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay and Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded substantially after its victory in Battle of Plassey and by 1772 company’s courts expanded out from the three major cities. In the process, the company slowly replaced the existing Mughal legal system in those parts.Following the First War of Independence in 1857,the control of company territories in India passed to the British Crown. Being part of the empire saw the next big shift in the Indian legal system. Supreme courts were established replacing the existing mayoral courts. These courts were converted to the first High Courts through letters of patents authorized by the Indian High Courts Act passed by the British parliament in 1862. Superintendence of lower courts and enrolment of law practitioners were deputed to the respective high courts.During the Raj, the Privy Council acted as the highest court of appeal. Cases before the council were adjudicated by the law lords of the House of Lords. The state sued and was sued in the name of the British sovereign in her capacity as Empress of India.During the shift from Mughal legal system, the advocates under that regimen, “vakils”, too followed suit, though they mostly continued theirearlier role as client representatives. The doors of the newly created Supreme Courts were barred to Indian practitioners as right of audience was limited to members of English, Irish and Scottish professional bodies. Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which opened up the profession regardless of nationality or religion.Coding of law also began in earnest with the forming of the first Law Commission. Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also drafted by the same commission. Host of other statutes and codes like Evidence Act (1872) and Contracts Act (1872).

Answer 2

Under British control there were several changes in judicial system like- Governor Warren Hastings established 2 courts which were- District Diwani Adalat, District Fauzdari Adalat. Hastings also formed Supreme Court with appellate jurisdiction. After Hastings when  Lord Cornwallis came as a Governor he was set up Circuit court at Calcutta. He also shifted Sadar Nizamat Adalat to Calcutta. Cornwallis established many hindu muslim courts like Munsiff court,  Registration court. After that under William Bentinck rules he made a lower court. He made English language as a official language,  and also he was set up Law Commission.