16 May 2010

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Part 15 – Indian Legal History – The Plan of 1793

Part 15 – Indian Legal History – The Plan of 1793 –

In short Important points -
Seperation of Judicial and exective functions
Format of Regulation writing fix
Vakeels started to get the Sunnuds


Reality Views by sm -
Sunday, May 16, 2010

One of important point as per this plan was that no executive officer was to exercise any judicial power in any shape or form except at the higher lever.
The executive officers were to be placed under the jurisdiction of the adalats.
Even if the government is party in a matters of property it should be bound by court adjudication.

In this way for the first time in India the powers of Judiciary and Executive were separated and executive was placed under the judiciary.
Lord Cornwallis wanted that courts should become the protectors of the rights and property of individuals from corrupt officers as well as government.
Plan of 1793 tried to protect the private rights of every person, promote public advantage, general benefit.

The policy of separating the two functions judicial and executive was put into practice by Regulation II of 1793 which abolished the mal adalats and transferred the suits triable there to the mofussil diwani adalats.

The power of the administration of civil justice was taken away from the collectors and given the diwani adalats as well as collectors lost the power of deciding revenue cases.
The collectors lost all the types of judicial powers, functions.

Section X of the Regulation III made collectors and all the executive officers personally liable and could be required to pay damages to the injured party for violations of regulations, laws.

Lord Cornwallis gave power to the Indians to bring, file cases against the government if they felt their right was abused.

A diwani adalat was instituted in each district and in each of the three cities of Patna, Murshidabad and Dacca.

Regulation IV enacted the rules of procedure to be observed by the diwani adalats for receiving, trying and deciding cases.
The period of limitation was fixed at 12 years.

The system of appeal is necessary as a safeguard against wrong or unjust, decisions.

To enable the speedy justice to the people it was necessary that poor can approach to the judiciary.

Regulation V instituted four courts of appeal having seats at Patna, Dacca, Calcutta and Murshidabad.

Each Court to consist of three Company’s English covenanted servants, of whom two were to make a quorum.

These courts were to discharge the following functions.
To try civil suits send to them by government or sadar diwani adalat.
To receive the charges of corruption against the judges of the diwani adalat
To hear appeal if filed within three months from all decisions of the mofussil diwani adalat.
All people who were not satisfied with the District adalat decision got the right to file an appeal in this court.

The highest court in the judicial hierarchy was the Sadar Diwani Adalat in which Governor General and members of the council sat as judges.
If matter was above 5000 the parties got the right to file an appeal in the King in council

Munsiffs were appointed to try suits up to Rs. 50 in value.
Every ten miles one Munsiff was appointed so the complainant should not travel more than ten miles to file a complainat or suit.

With this Plan Cornwallis abolished the court fees, so poor Indians can also file the suits in judiciary.

Cornwallis to the steps towards development of Legal Profession
Regulation VII of 1793 took the first steps.

The Sadar Diwani adalat was to appoint pleaders to plead the cause of the litigants in the various adalats by issuing Sunnuds to them.


A vakeel guilty of promoting and encouraging frauds was to be suspended.
vakeel were to charge moderate fees and the chart of fees was laid down in the Regulation.
They were forbidden to charge more fees.

Any Vakeel who for personal gains delayed the suits, was prosecuted for damages, if found guilty he lost his professional job
Suitors could prosecute a vakeel in a court for any bad practice.
The court collected the fees of Vakeel and then paid it to the Vakeel.
Provision was made for appointment of government pleaders

Cornwallis introduced the Forms, style in which Regulation should be written.
Regulation XLI introduced them.

Each Regulation must have title expressing subject matter.
A preamble which will contain the reasons for the enactment of law.
If any regulation was changed the reasons were to be mentioned why it was changed.
Every Regulation should be divided in sections and sections in clauses.
Sections and Clauses were to be numbered.

The subject of each section and clause was to be written in the opposite margin in short.
All Regulation enacted in a year were to be recorded in the judicial department and then they were numbered and published.

These Regulations were translated into the Persian and Bengali languages so locals can understand them.

Regulation XLI started the process of compilation of a code of the Regulations

In 1772 Warren Hastings Started the process of separation of judiciary and executive and Cornwallis completed that process.

Continued -


3 comments:

sm,  May 17, 2010  

Swatantra,
thanks

RK,  May 24, 2010  

very informative