Early Administrative Structure

2020-04-26 19:37:01

Early Administrative Structure

Dual System of Government

Robert Clive : Dual system of gov diwani under Company 1765 and Nawab responsible for maintaining peace and order/ Nizamat but depended on the Company for funds and forces
Warren Hastings did away with the dual system in 1772

Need for an Administrative Structure

The decisions of the EIC officials have been variously called as Sub imperialism and delegated sovereignty.
Division of booty b/w royal troops + coy
Need of adm structure arose since Coy was an imp element in city politics of London and MPs had interests
Gov intervention in 1763, 1764
1766 coy agreed pay 400,000 pounds to gov

Judiciary

1765-1772

Mughal sys of civil + criminal justice :
not centrally org
depend caste interpretation, muftis, kazis, mutual reconciliation,
punishment based on social status
Zamindars decided civil, criminal cases based on arbitration.

1772

Diwani and Faudari adalat set up at district level

each ==dist diwani adalat/civil court== was mostly jurist under Bishops courts headed by Collector.

Diwani Adalats were head EU District Collector assist Maulvis, Brahmans
cases relating to property, caste, marriage, debts etc settled
Involved sum upto Rs500
Appeals lay to Sadar Diwani Adala at Calcutta

==faujdari adalat/ criminal== based on Muslim laws

under Kazi + Mufti.
European Collector had some control.
Could not give out death sentence or confiscate property for this confirmation of Sadr Nizamat Adalat was required headed by deputy Nazim.
Appeal court was Sadar Nizamat Adalat Calcutta under Prez + council mem.

1773 - 1781

[[3.3 Regulating Act of 1773]] estd Supreme Court at Calcutta but it had jusrisdiction only in Calcutta, consent of parties was required for the court to settle cases that was outside of it.
==Hastings divested Dist collectors of judicial duties.==
Mofusil court to head by EU covenanted officers.
1775 : Hindu laws translated Eng NB Halhed, Muslim laws in 1778.

1793

In 1787 : Collectors of districs were made judges of Diwani Adalats, given more magisterial powers and empowered to try criminal cases w/ certain limits.
1790-92 : District Faujdari adalatas under Indian judges were abolished and 4 circuit courts 3 in Bengal and 1 Bihar estd headed by European covenanted servants -> toured twice a year and tried people committed by city magistrates. #important
Sadr Nizamat Adalat at Murshidabad replaced by similar court at Calcutta headed by GG and Supreme Council. Both these courts were assisted by Muftis and Qazis.
Cornwallis first impulse or instinct was towards concentration of authority in districts in hands of collectors but this did not continue.

Cornwalis Code

His code was based on separation of power b/w civil justice and Rev collection. Collector was divestedof all judicial and magisterial powers and left w/ only adm powers.
New class of officers called District Judge was created to oversee Dist Civil Courts he was also given magisterial and police functions
Gradation of Civil courts set up
- 1st was Munsiffs courts presided by Indians for diputes upto Rs50.
- 2nd was Court of Registrars headed by EU officers for disputes upto Rs200,
- 3rd was District or City courts headed by Dist udtes assisted by Indian well versed in law
- 4th above them were the 4 Provincial courts of Calcutta, Murshidabad, Patna, Dacca. Supervised Dist Courts and could suspend Dist judges diputes upto Rs1000
- 5th was Sadar Diwani Adalat at Calcutta headed by GG and his council for diputes > Rs1000
- Appeals to this lay to King in Council for diputes > 5000 pound
European subjects under local civil courts. Govt servants were answerable to dist civil courts for acts done in official capacity.
C proclaimed principle of Sovereignty of Law in IN
Reforms in Criminal Law
- Punishment of amputation of limbs replaced by temporary hard labour or fine and imprisonment.
- Non Muslims could give testimony against M
- In trials of murder should be guided by intention of murder and not by manner by which it was committed.
- Hierarchy of courts set up ie Zillah -> Provincial -> SNA all under EU judges
- B subjects under SC of Calcutta

Observation on Judicial Reforms

based on principle of equity and Western conception of justice.
Codified secular Law too place of religious or personal law of ruler
Sovereignty of law

Munro 1814

more indianisation sys lower levels,
union of rev collection + judicial powers

Radhika Singha on post 1857 reforms : it estd universal principle of jurisprudence, notion indivisible sovereignty

Problems with Judicial Reforms

Justice became incomprehensible, distant,
complex procedures,
lawyer dominates, expensive,
delayed,
false witnesses, chicanery and deceit was common
traditonal judicial functionaries were replaced ex Panchayats, Qazi, Zamindars
judicial discretion based on ==cultural particularism/ civilisational inferiority==

Police

1793 Cornwalis

divest Z Policing duties no longer considered resp for robeeries unless proven.
Police reforms done to supplement judicial reforms. Cornwallis raised salaries of all police officers, gave rewards for discovery and arrests of burglars and murderers.
English Magistrates given control of dist police. Each dist area divided into areas of 400sq mile under charge of Police Superintendents assisted by constables
div districts to thanas under daroga/ company bahadur -> daroga Zamindar nexus
Benaras : Jonathan Duncan made tehsildars in charge of policing units
1817 regulatory regime -> Darogas under DM
Charles Napier Sindh :
- separate police dept model of Royal Irish Constabulary
  - Whole territory under IG, dist under SP + DC
  - Officers EU, rank IN
  - Later PUN 1849, Bombay 1853, Madras 1859
Police Comm 1860 ld to
- Police Act 1861
- Mil police being eliminated
- civil policing on provincial basis
Police Act 1902 educated IN as officers

collapse: open David Arnold - called EIC rule as “Police Raj”

Army

French intro recruiting IN army
1738 Stringer Lawrence estd permanent IN army for Eng

Seema Alavi - recruitment of EIC army was central to the dev of Coy political sovereignty

Largest share of exp, used to collect revenue ==Peers hass called it ‘Military fiscalism’==
Ethnic stereotyping
Early consist Brahmans, Rajputs
Bhumihar Brahmans joined for social mobility
Bombay, Madras armies more heterogeneous
==Peel Commission after 1857== - diff nationalities + caste
Marital races Pun, NWFP, Nepal

Civil Services

Clive Dewey : most powerful officials in Empire if not world

Bernard Cohn : 50-60 extended families contributed vast majority of civil servants

Act 1784, 1793 were appt by nomination
Fort William College, East IN College London later Haileybury College estd
1833 act competition for recruitment
1853 open compt, exam only in London
Uncovenanted Civil service to facilitate entry of Indians
==Hastings started Indianisation==, Bentinck too
Ripon wanted IN middle class - simultaneous exam in IN also
1892 recom of Public Service Comm
- Uncovenanted became Provincial Civil Service,
- Statutory civil service removed,
- IN could enter ICS
1919 Act simultaneous exam to ICS
1858 - 1919 has been called as Bureaucratic Despotism

What Was Cornwalli’s and Wellesley Roles in the Evolution of Civil Services in India?

Cornwalis :

Raised their salary
strictly enforced the rules against private trade
Debarred them from taking bribes
promotions were made through seniority.

Wellesley :

set up Fort William college closed in 1802 that later became East India college 1805 for training of new recruits.

Cronwallis 1786-93 and His Administrative Reforms

![[#1793]]

![[#Police]]

Revenue Reforms

Reorganised rev dept in 1787. Bengal divided into fiscal areas placed under a Collector.
Committee of Rev constituted under WH was rename as Board of Rev and charged w/ superintending Collectors
[[4.1 Permanent Settlement]]

Commercial Reforms

Before this Board of Trade at Calcutta estd in 1774, EIC procured goods for EU and IN contractors. They took high prices and gave inferior goods. Corruption was rampant.
Cornwalis reduced strength of Board of Trade for 11 to 5.
Good were now to be bought from Commercial Residents and Agents who made advances to manufacturers and settled prices w/ them.

Other Reforms

Forbade EIC employees from accepting bribes/ presents/ private trade. They were to declare their property under oath before leaving IN.
Inc salaries of officials ex Collector to get Rs1500/month and 1% of total rev collected.
Had low opinion of Indian character, ability and integrity. Sought higher offices be reserved for EU.
Covenanted services were closed to Indian. In army they could not rise above Subedars and in civil service above Munsiffs, Sadr Amins or Deputy Collectors.

Estimate of Cornwallis

Lucky to have assistants like John Shore, James Grant, George Barlow etc.
wanted anglicisaiton of Indians to solve its problems but his Europeanisation of covenanted services denied IN people their share.

PYQs

Discuss the basic features of the judicial administration under the East India Company. Did the British introduce the modern concept of the rule of law in India? [1986, 60m]

Judiciary

“What kind of administrative change was introduced in India under the East India Company? [1993, 60m]
“The Dual System of Government was a complete failure from the outset. In the first place, the abuse of the private trade reached a greater height than ever. In the second place, the demands of the Company for the increase led to gross oppression of the peasantry.” Examine. [2014, 20m]