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Unit 4: Reforms of Cornwallis

In the early days of the Company, the senior and junior merchants, factors and “writers” performed Notes
commercial as well as administrative functions. The Court of Directors exercised the patronage of
nominating their favourites and not unoften their sons and those of their friends as Civil Servants.
There are cases of civil posts being sold. Warren Hastings created highly paid posts which increased
the cost of administration but did not improve efficiency or remove corruption. Lord Cornwallis took
steps for Europeanization of the services. He further raised the pay scales of civil officials but did
nothing to improve the method of selection and training of Civil Servants. Lord Wellesley took the
first step for training of Civil Servants when he founded the fort William College, in Calcutta in
November 1800 where the Civil Servants of the Company were to receive training in the literature,
science and languages of India. The college did not find the favour of the Court of Directors and was
continued merely as a language school for Bengal Civil Servants till 1854. In England, the Company
in 1806 established the East India College at Haileybury for imparting a two years’ training to the
young officers appointed for service in the East.
The doors of the Company’s Civil Servants were closed to Indians. However, the Charter Act of 1833
carried clause 87 which sought to remove colour bar in matter of appointments to Civil Services. All
the same, in actual practice no Indian was appointed to Higher Civil Services. Even the famous
Queen Victoria’s Proclamation of 1858 which contained an assurance that “our subjects of whatever
race or creed, be freely and impartially admitted to office in our service”, did not materially change the
policy of keeping the Civil Service of the Company as a close preserve of the British nationals. As a sop
to Indian sentiments and to give a semblance of racial equality in Civil Services, the Company created
the posts of Deputy Collector and Deputy Magistrate to which some Indians could hope to rise.
Judicial Reforms:
The first impulse of Cornwallis was towards concentration of authority in the district in the hands of
the Collector. This trend was also in line with the instructions of the Court of Directors who had
enjoined economy and simplification. In 1787 the Collectors in-charge of districts were made judges
of Diwani Adalats, were given more magisterial powers and empowered to try criminal cases with
certain limits.
Further changes were made in the field of criminal administration during 1790-92. The District Faujdari
Adalats presided over by Indian judges were abolished and in their place four circuit courts, three for
Bengal and one for Bihar, were set up. These circuit courts were presided over by European covenanted
servants who decided cases with the help of Qazis and Muftis. These courts toured the districts twice
a year and tried persons committed by the city magistrates. Further, the Sadr Nizamat Adalat at
Murshidabad so far presided by a Mohammedan judge was replaced by a similar court set up at
Calcutta comprising the Governor-General and members of the Supreme Council assisted by the
Chief Qazi and two Muftis.
Cornwallis Code: Cornwallis’ judicial reforms took the final shape by 1793 and were embodied in
the famous Cornwallis Code. The new reforms were based on the principle of separation of powers.
Under the influence of the eighteenth century French philosophers, Cornwallis sought to separate
the revenue administration from the administration of justice. The Collector was the head of revenue
department in a district and also enjoyed extensive judicial and magisterial powers. Cornwallis rightly
believed that concentration of all powers in the hands of the Collector in the district retarded the
improvement of the country. How could the Collector acting as a judge of the Diwani Adalat redress
the wrongs done by him as collector or assessor of revenue? Thus neither the landlords nor the
cultivators could regard the Collector as an impartial judge in revenue cases. The Cornwallis Code
divested the Collector of all judicial and magisterial powers and left him with the duty of administration
of revenue. A new class of officer called the District Judge was created to preside over the District
Civil Court. The District Judge was also given magisterial and police functions.
A gradation of civil courts was set up. The distinction between revenue and civil cases was abolished
and the new Diwani courts were competent to try all civil cases. At the lowest rung of the ladder
were the Munsiffs’ courts presided over by Indian officers and competent to decide cases involving
disputes up to 50 rupees. Next came the courts of Registrars presided over by European officers
which tried cases up to 200 rupees.

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