L 7 warren hastings judicial plan of - 1772 || indian legal history

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 Background -
Warren hastings appointed as governor general for the administration of Bengal in 1772.
He also assumed the office of governor of fort William in 1772.
When warren hastings found the administration of Bengal in the utter chaos. (unsatisfactory)
The financial position of the company at that time was worse.
The difficulties were intesified by famine.
Warren hastings realized the immediate need for the introducing reforms.
He appointed a committee consisting of the governor or four members of council called committee of circuit.
He abolished the dual system which was introduce by Robert clieve.
 provisions –
1. revenue administration – the hastings judicial plan of 1772, abolished the revenue courts of murshidabad and patna. And introduced a supreme authority called (board of revenue) –which includes a governor and all members of council for collection of revenue. The board had its sittings twice in a week.
2. Administration of civil justice – for this a (mufassil diwani adalat) was established. A Englishmen collector was appointed judge in it in each district. The court could take the cognizance of all civil cases. Including such as inheritance, succession, marriage, property, contract etc. as the collector was an Englishmen, he had no knowledge of native law and therefore he was assisted by the native law officers a kazi and a pandit. Who propounded the collector, the law of quran and for muslims and law of shastra’s for hindus. And the appels from this court went to the sadar diwani adalat. If the case is exceeding the limit of 500 rupees. Mufassil diwani adalat had its sitting twice in a week.
3. Procedure of civil administration - the collector was authorized to set up a complaint box at the door of each cutcherry. in Which the natives could lodge their appeals or complaints. The appeals which have groundless claims could be punished at the discretion of the sadar diwani adalat. The collector used to be updated regarding the appeals and transmit to the sadar diwani adalat.
4. Provision of arbitration by consent – this provision was made in cases like debts, partnership, contracts, disputed accounts etc. in the cases of inheritance, worship and religions, the native laws of Qurans and shastra’s were binding. The native officers like kazi’s and pandit’s propounded there law’s to the collector.
5. Administration of the criminal justice – for the administration of criminal justice the appeals went to the supreme authority of nizamat’s and nawab’s of bihar, bangal and Orissa. The nawab also had to performs the functions of police to maintain the law and order in the province. The judicial plan of 1772 established a court called mufassils fauzdari adalat to settle the criminal offences like murder, robbery, dacoity, etc. the appeals from this court laid to the sadar nizamat adalat, Which was established. Which was including an Indian judge is called daroga – e – adalat. He was assisted by chief kazi, chief mufti and three molvi’s.