Judicial Reforms Under Cornwallis and Bentinck
Modern History › Administrative and Judicial Developments Under British Rule · Topic 26.7
Cornwallis (1786-93) separated revenue from justice, replaced the Fauzdari courts with circuit courts, graded the civil courts from Munsiff to Sadar Diwani Adalat, and laid down the Cornwallis Code, which brought officials and Europeans under the courts. Bentinck abolished the circuit courts, allowed vernaculars in court, and set up a Law Commission under Macaulay in 1833, which led to the Civil Procedure Code, the Indian Penal Code and the Criminal Procedure Code. High Courts were set up in 1865.
5 min read · UPSC Prelims · History · Administrative and Judicial Developments Under British Rule
At a Glance
- Cornwallis Separation of revenue and justice; graded civil courts
- Bentinck Circuit courts abolished; vernacular allowed
- Law Commission 1833 under Macaulay
- High Courts 1865 at Calcutta, Bombay and Madras
- Exam link UPSC Prelims, Modern History: Administrative and Judicial Developments Under British Rule
Where Does It Fit?
This is the seventh topic of the category on administrative and judicial developments under British rule. The previous topic covered the judicial reforms under Warren Hastings. This topic covers the reforms of Cornwallis and Bentinck and an evaluation. The next topic covers the major administrative changes after 1857. Previous topic: Judicial Reforms Under Warren Hastings.
What Did Cornwallis Do, 1786-1793?
Under Cornwallis the District Fauzdari Courts were abolished and replaced by circuit courts at Calcutta, Dacca, Murshidabad and Patna. These had European judges and acted as courts of appeal in both civil and criminal cases. The Sadar Nizamat Adalat was moved to Calcutta and placed under the Governor-General and members of the Supreme Council, assisted by the chief qazi and chief mufti. The District Diwani Adalat became the District, City or Zila Court under a district judge, and the collector became responsible only for revenue, without magisterial functions.
| Gradation of civil courts | Level |
|---|---|
| 1 | Munsiff’s Court, under Indian officers |
| 2 | Registrar’s Court, under a European judge |
| 3 | District Court, under the district judge |
| 4 | Four Circuit Courts, as provincial courts of appeal |
| 5 | Sadar Diwani Adalat at Calcutta |
| 6 | King-in-Council for appeals of 5,000 pounds and above |
What Was the Cornwallis Code?
- It separated revenue administration from the administration of justice.
- European subjects were also brought under the jurisdiction of the courts.
- Government officials were answerable to the civil courts for actions done in their official capacity.
- The principle of the sovereignty of law was established.
His reforms of the civil services are in Evolution of the Civil Services: Cornwallis to the Charter Act of 1853, and the court system he reformed in Judicial Reforms Under Warren Hastings.
What Did Bentinck Do, 1828-1833?
Bentinck abolished the four Circuit Courts and transferred their functions to collectors under the supervision of the commissioner of revenue and circuit. A Sadar Diwani Adalat and a Sadar Nizamat Adalat were set up at Allahabad for the convenience of people in the Upper Provinces. Until then Persian was the official language of the courts; now a suitor could use Persian or a vernacular language, while English replaced Persian in the Supreme Court.
In 1833 a Law Commission was set up under Macaulay for the codification of Indian laws. It led to a Civil Procedure Code (1859), an Indian Penal Code (1860) and a Criminal Procedure Code (1861).
What Were the Later Developments?
| Year | Development |
|---|---|
| 1860 | Europeans could claim no special privileges except in criminal cases, and no judge of Indian origin could try them |
| 1865 | The Supreme Court and the Sadar Adalats were merged into three High Courts at Calcutta, Bombay and Madras |
| 1935 | The Government of India Act provided for a Federal Court, set up in 1937, to settle disputes between governments and hear limited appeals from the High Courts |
How Should the Judiciary Under the British Be Evaluated?
The positive aspects were that the rule of law was established, that codified laws replaced the religious and personal laws of the rulers, that even Europeans were brought under the jurisdiction of the courts, though in criminal cases they could be tried only by European judges, and that government servants were made answerable to the civil courts.
The negative aspects were that the system became more and more complicated and expensive, so the rich could manipulate it; there was ample scope for false evidence, deceit and chicanery; litigation dragged on and justice was delayed; the courts became overburdened as litigation increased; and European judges were often unfamiliar with Indian usage and traditions. As an analytical point, the introduction of written law, procedure and appeals made justice more predictable, but at a cost in time and money that gave an advantage to those who could afford to litigate, which is a criticism that has been repeated since. The administrative changes after the Revolt of 1857 are in Major Administrative Changes After 1857: Central and Provincial Government.
Why Is This Topic Important?
- Cornwallis Code Its four principles are stock Prelims facts
- Codification The Indian Penal Code and Procedure Codes come from Macaulay’s commission
- Evaluation A recurring Mains point with positives and negatives
What Came Next?
The next topic covers the major administrative changes after 1857 at the central and provincial levels. Next topic: Major Administrative Changes After 1857: Central and Provincial Government.
Key People and Terms
- Cornwallis Code The set of judicial and revenue reforms of 1793
- Munsiff’s Court The lowest civil court, under Indian officers
- Circuit Courts Provincial courts of appeal under Cornwallis
- Law Commission The 1833 body under Macaulay
- High Courts Courts formed in 1865 at Calcutta, Bombay and Madras
- Federal Court Set up in 1937 under the 1935 Act
Exam Corner
Points to Remember
- Cornwallis separated revenue and justice; four circuit courts.
- Courts: Munsiff, Registrar, District, Circuit, Sadar Diwani, King-in-Council.
- Law Commission 1833, Macaulay: CPC 1859, IPC 1860, CrPC 1861.
- High Courts 1865; Federal Court 1937.
- Bentinck allowed vernacular in courts.
Do Not Confuse With
- Cornwallis and Bentinck on circuit courts Cornwallis created them; Bentinck abolished them
- IPC and CrPC dates IPC 1860; CrPC 1861; CPC 1859
- Supreme Court and High Court Supreme Court at Calcutta merged into the High Courts in 1865
Memory Hook
Cornwallis separated, Bentinck simplified, Macaulay codified, and 1865 built the High Courts.
Mains Angle
Questions ask about the reforms and the legacy of the judicial system. These points add depth.
- Separation Revenue from justice
- Codification The three codes
- Costs Delay and expense
A Question You May Face
An original practice question, not a past paper question.
“Discuss the judicial reforms of Cornwallis and Bentinck and the strengths and weaknesses of the judicial system under British rule.”
How to Answer
- Cornwallis Separation and graded courts.
- Bentinck Simplification and codification.
- Later High Courts and the Federal Court.
- Evaluate Rule of law and costs.
GS Relevance
Frequently Asked Questions
What were the main judicial reforms of Cornwallis?
Cornwallis separated revenue administration from justice, replaced the Fauzdari courts with circuit courts staffed by European judges, graded the civil courts from the Munsiff to the Sadar Diwani Adalat, and brought officials and Europeans under the courts through the Cornwallis Code.
What were the principles of the Cornwallis Code?
It separated revenue and justice, brought European subjects under the jurisdiction of the courts, made government officials answerable to the civil courts for official acts, and established the principle of the sovereignty of law, which became a basis of the later judicial system.
What did Bentinck do for the judiciary?
Bentinck abolished the four circuit courts and gave their functions to collectors under a commissioner, set up Sadar courts at Allahabad, allowed suitors to use a vernacular language instead of Persian, and replaced Persian by English in the Supreme Court.
What was Macaulay's Law Commission?
Set up in 1833 under Macaulay to codify Indian laws, the Law Commission led to the Civil Procedure Code of 1859, the Indian Penal Code of 1860 and the Criminal Procedure Code of 1861, which codified Indian law.
What were the weaknesses of the British judicial system?
It grew complicated and expensive so the rich could manipulate it, allowed false evidence and deceit, caused delay and overburdened courts, and had European judges often unfamiliar with Indian usage. Its main strengths were the rule of law and codified laws.
PYQ Practice — Statement Analysis
1 The Cornwallis Code separated revenue administration from the administration of justice.
It also made officials answerable to civil courts.
2 The Indian Penal Code was prepared as a result of a Law Commission set up under Macaulay.
It was prepared in 1860.
3 The High Courts were established at Calcutta, Bombay and Madras in 1865.
They merged the Supreme Court and the Sadar Adalats.
4 Bentinck established circuit courts in Bengal.
Cornwallis established them; Bentinck abolished them.
5 The Federal Court was set up in 1937 under the Government of India Act, 1935.
It settled disputes between governments.
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