Q1. Why were the 1772 and 1774 judicial reforms under Warren Hastings significant?
- (a) They applied English criminal law to all Indians
- (b) They introduced a dual legal system respecting personal laws of Hindus and Muslims
- (c) They nationalized private property
- (d) They created jury trials for peasants
Answer & solution
Answer: (b) They introduced a dual legal system respecting personal laws of Hindus and Muslims
Hastings' Judicial Plan of 1772 set up a civil and a criminal court in every district.
In inheritance, marriage, caste and religious usage, Hindus were to be judged by the Shastras and Muslims by the Quran.
English law was applied only in the Supreme Court at Calcutta (1774) and only to British subjects, so the 1772–74 system kept two streams of law running side by side.
Revision note — Judicial reforms of Warren Hastings
• Warren Hastings became Governor of Bengal in 1772 and the first Governor-General of Bengal under the Regulating Act of 1773, holding office till 1785.
• Judicial Plan of 1772: every district got a Mofussil Diwani Adalat (civil, under the Collector) and a Mofussil Faujdari Adalat (criminal, run by the Qazi and Mufti under the Collector's supervision).
• Appeals went to the Sadar Diwani Adalat (civil) and the Sadar Nizamat Adalat (criminal) at Calcutta; the Nizamat court moved to Murshidabad in 1775.
• Pandits and maulvis sat with the judges to expound Hindu and Muslim law; N. B. Halhed's "A Code of Gentoo Laws" (1776) was the first English digest of Hindu law.
• In 1774 the Collectors were withdrawn, Indian amils took charge of revenue and civil justice, and six Provincial Councils were set up, including Calcutta, Dacca and Patna.
• The Supreme Court at Fort William, Calcutta opened in 1774 under the Regulating Act, with Sir Elijah Impey as first Chief Justice — one chief justice and three other judges.
• The next big overhaul was the Cornwallis Code of 1793, which separated revenue and judicial work and created District Judges.
Do not mix these up
• Diwani vs Faujdari — Diwani adalats tried civil (revenue, property) cases; Faujdari adalats tried criminal cases.
• Sadar Diwani Adalat vs Supreme Court — the Sadar courts were the Company's appellate courts; the Supreme Court was a Crown court set up by Parliament and applied English law.
Also asked from this topic: the district courts of the 1772 plan (Diwani and Faujdari adalats); the first Governor-General of Bengal (Warren Hastings); the first Chief Justice at Calcutta (Sir Elijah Impey, 1774).