Cornwallis Reforms 1793

7/24/2019 Cornwallis Reforms 1793

1/38

JUDICIAL SCHEME OF 1793:BY: LORD CORNWALLIS

NLUO, CUTTACK


2/38

Reformations made:

Reorganisation of muffosil Diwani Adalat-

Civil servant of the company appointed as judge having

civil and revenue powers;

MAL Adalat got abolished;

Suits of MAL Adalat now to be tried by Muffosil Diwani

Adalat;

Collectors were deprived of their judicial powers

[revived only by Sir John Shore in1795 ]


3/38

Executives Subject to Judicial Control

All British subjects including Collector is triable for

any wrongs; even during official capacity;

Trial to happen in any court


4/38

Diwani Adalat to have jurisdiction over

British Subjects

Matters to be Civil,

Value of suit not exceeding Rs.500

Above Rs. 500- Supreme Court at Calcutta


5/38

Provincial Court of Appeal

Original Jurisdiction;

Appeal from MDA

No pecuniary limit

Charges against Sub-ordinate judges could be

taken into consideration

Decision final upto Rs.1000/- and above that

appeal to SDA.


6/38

Re-organisation of SDA

G.G+ Members of the Supreme Court

Received appeals from Provincial courts

Further Appeal to King-in-Council

Matter related to corruption and incompetency of

judges to be tried by SDA

Supervision power over the lower courts


7/38

MunsiffsCourt/ Native Commissioner

Power to try civil suits upto Rs. 50/-

Basically they were landlords and Head Farmers

Decision was appealable to MDA

Second Appeal to Provincial Courts


8/38

Registrars Court

Company Servant

Small civil cases were under his jurisdiction (upto suit

value 200)

All decisions needed to be counter signed by the

Judge of the Adalat

Sir John Shore (1795) introduced- Registrar to

maintain REGISTER containing details of cases


9/38

Abolition of Court Fee

All suits were welcome to be tried without

restrictions (1793)

Sir John Shore in 1795 revived the court fee.

1797- Heavier court Fee was imposed and the

same was collected by the name STAMP DUTY


10/38

Security of Tenure

Indian law officers tenure were secured

G.G was the appointing and dismissal authority

They could be tried for Corruption


11/38

Administration of Criminal Justice

Judges were made only Administrative head and

their judicial powers were vested with the judge of

MDA

Court of Circuit and Provincial Courts were merged


12/38

Legal Profession

Regulated

Person looking for practice needed to obtain a

certificate (Sanad)

Could be removed for Misbehaviour

They were entitled to Fee prescribed and the fee

was to be paid to the court.


13/38

Cornwallis in his second Tenure (1805)

Chief judge of the SDA and SNA not to be

appointed as the judge of Supreme Court.

SDA and SNA judges must be companys civil

servant (who could devote more time for thefunctions entrusted)


14/38

Government of India Act, 1858

Vast territorial acquisition of Indian territory by the East

India Company continued till 1857.

First war of Independence happened in 1857.

British Parliament issued Government of India Act to

control the administration and that brought an end to

the 250 years rule of EastIndia Companyin India.


15/38

Basic Provisions:

Court of Director and Board of Control gotabolished

India will be governed BY and in the NAME of her

Majesty- the queen of England G.Gs designation got changed to Viceroy(when

dealing with Indian states) and G.G. (when dealingwith Indian Citizen) of India

Secretary of State was appointed for India, withcasting vote and right to decide over the policydecision on behalf of the Crown


16/38

Contd.

Secretary of State and council- Body corporate-can SUE and be SUED

G.G to administer the Indian territory on behalf of

the Crown Honor would continue to all the TREATIES made

earlier by the COMPANY

All Treaties and Revenue were transferred to the

Crown G.G-Viceroy to be appointed by the Crown; and

members of his council by the Secretary of State


17/38

Contd.

Secretary of State had absolute power to dispatchsecret letters

Council was a MORAL CHECK on the Secretary of

State Assured the Indian Princely states that no further

territorial extension will take place by the Crown

Rights of the princely states, Religious right, Customs

were recognized to be protected All appointments to service on behalf of the crown

was to be made on the basis of : ability; integrity;without discrimination


18/38


First move towards framing the Constitution of India


19/38

Indian Councils Act, 1892

Did not satisfy the aspirations of Indian people

Inclusion of non-official members in the council-

scope for popular representation

Rule of ELECTION was defective as it was

dependent on Numerical Strength

Result:

Economic condition of Indian started deteriorating Resulted in Unrest

Lord Curzon started suppressing the unrest by use of power


20/38

Contd.

Partition of BENGAL fanned the movement and

resulted in Swadeshi Movement of 1906

Swaraj was demanded by the moderates

News papers ignited the movement (Kesari,

Maratha et al.)


21/38

Indian Councils Act 1909

Lord Minto (G.G of India) and John Morelet

(Secretary of State)- brought in reforms:

Administrative Reforms at England- 2 indians were

appointed as members of Indian Council

(Consultative Body)


22/38

Changes in India:

Composition of Central Legislative Council:

Number increased from 16 to 69; dominated by

official representation from the G.G.

Provincial Executive Council

Composed at all provinces including Bengal, Bihar andOrissa; Indians were made Executive Members


23/38

Contd.

Provincial legislative Council

Number of councils were increased but varied from

province to province;

Appointment of Indians in the Executive Council

2 Indians were appointed in the Indias Council; 1

Indian appointed in the Viceroys Executive Council;

Indians were also appointed to the Provincial Council


24/38

Contd.

Introduction of Communal Representation

Act favored the Muslims in facilitating their rights in terms of

proportion

Vice- President

G.G, Governor of presidencies and Lieutenant Governor

having executive council to appoint vice-presidents; they

could preside over the meetings on their behalf


25/38

Merits

Size of the Legislative council was increased

Non-official majority was provided in the provincial council

Indians were made appointed to the Executive Council

Act introduced the theory and practice of Election

Facilitated indian to get trained in the art of Governance

Power of the Councils substantially increased


26/38

Criticisms:

The Act gave serious blow to the National Solidarity

(Communal representation)

Act also facilitated indirect election (selection by GG)to the imperial council

Act failed establishing Responsible government

Legislative council had no control over the Executive;

and the executives were the POWER CENTERS


27/38


Montague- Chelmsford Reforms

Government of India Act, 1909 did not meet the

popular requirements of self-government

As, Official block in the council always voted for the

Government without considering merits of the Indians.

Annie Besant and Tilak; started Home Rule League

demanding for self government


28/38

Contd.

British government utilized force to suppress the

mass protests and demand of self government

Legislated some Black Acts i.e.

Seditious Meetings Act

Indian Press Act

Criminal Law(Amendment) Act

All these Acts provided vast power to thegovernment to: Send anyone on Exile and to check

Lawlessness


29/38

Reforms:

World war-1 started and India supported United

Kingdom; in return expected reward in terms of

self-government

The committee, looked for the possibility of

associating Indians in the administration more.


30/38

Objects of the Reforms:

Provide for increasing association of Indian in every

branch of Indian Administration

To establish responsible government in India and

British India would be an integral part of BritishEmpire

Provide for gradual development of self governing

institutions Provide the provinces largest measures of

independence in provincial matters.


31/38

Feature of the 1919 Act;

Home Government of India:

Secretary of state for India; Indian council was

established to assist the Secy. Of state; Secy. Of State-

in-council was called as the HOME GOVERNMENT of

INDIA; High commissioner was appointed to act as an

AGENT- In charge of STORE and DEPARTMENT of

INDIAN TRADE


32/38

Central Government;

GG and Council- Central executive; greater

freedom was given to the council; Civil and Military

government was vested with the GG-in-Council;

GG to act over the advice of the Council; but could

Overrule such suggestions;

GG had direct contact with the secy. Of state and was

appointed by the King


33/38

Contd.

GG was the chairman of the council and to summon

meetings; make rules for all transactions

GG could summon and dissolve the Central legislature;

could extend the term of the central legislatureGG ceased to be the president of the Legislative

Assembly but retained the power to nominate the

president

GG had the power to issue ordinances during recess ofthe legislative council


34/38

Central Legislature;

Setting up of Bicameral system of legislature at the

centre;

Council of States (Upper House)

The Legislative Assembly (Lower House)

No Bill passed by the Central legislature could become

an Act unless gets an Assent from the Governor

General


35/38

Provincial Government;

Provincial executive; Governors provinces were

created;

One government was ruled by Two independent

authhorities Known as - DYARCHY this means- Rule byTWO

Provincial government was to be ruled by the

Governor with the help of executive council and

legislature- thereby creating Legislative Council


36/38

Contd.

Provincial Government had two sub divisions:

Transferred subjects

Local senf govt, education; public health; sanitation; public works;

agriculture; co-operative societies; religious and charitable

endowments; registration of birth and deaths etc.

Reserved Subjects

Irrigation; Administration of Justice; development of industries;development of mineral resources; police; water supplies; land

revenue and land acquisition etc,


37/38

Power of the Governor in the province;

Bill passed by the provincial legislature needed an assent of

the governor

Governor was empowered to dissolve the legislative councilbefore the expiry of the tenure

Governor could pass legislation connected to a subject from

the reserved subjects

Governor could certify the need of any such laws for the

governance in his jurisdiction; and he also could deny the

implementation of any rule that affects the law and order


38/38

Contd.

Governor could impose restriction on any discussion

on matters related to bill in the legislative council

Decision of the Governor was final for any matters

related to the subjecting in the list Governor with the help of his executive councilors

was to administer the reserved subjects

For the first 4 years; Governor was empowered toappoint the President to preside over the Legislative

council

Documents

Cornwallis Reforms 1793