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Unit 4: Reforms of Cornwallis


             exploited the uneducated persons involved in judicial disputes. Worst of all, the appointment of  Notes
             English judges saturated with racial complex and ignorant of Indian customs and habits proved
             very biased in disputes involving Indians vs Europeans and Anglo-Indians. All the same, it served
             the interests of the Company’s authorities in collection of land revenue and other taxes and also in
             maintenance of law and order.
          Self-Assessment
          1. Fill in the blanks:
              (i) The Regulation of ............... defined the powers of the Police Superintendent.
             (ii) In ..............., the Jury System was abolished and the appeals were to be made to the Governor
                 and Council and the Judges included a Hindu, a Muslim, a Parsi ............... and the company’s
                 employees.
             (iii) Regulation IX of ............... amended the law of evidence by providing the religious persuasions
                 of witnesses shall not be considered as a bar to the conviction of a prisoner.
             (iv) Cornwallis introduced certain changes in the criminal law which were regularised by a
                 Parliamentary Act of ............... .
             (v) Cornwallis Judicial reforms took the final shape by ............... .

          4.4 Summary

          •   Credit goes to Lord Cornwallis for making radical changes in the Civil Service of the Company.
              He reserved all the superior jobs for English-men and Europeans. He believed that only the
              Englishmen and Euro-peans by their birth and training were fit to rule the country. However,
              subordinate jobs were given to the Indians. He prohibited private trade for the servants of the
              Company and made it clear that those who violated this rule would be severely dealt with. On
              the positive side, he raised their salaries so that they could maintain a decent standard of living
              in India and also take something back home. For example, the salary of a Collector was fixed at
              Rs. 1,500 a month. His commission on revenue collection also brought him some money. The
              same was the case with other servants. The object of these reforms was to make the servants
              both efficient and honest. The Charter Act of 1793 put the reforms of Cornwallis on a permanent
              footing. It was declared that, “all vacancies happening in any of the offices, places or employments
              in the civil lines of the Company’s service in India shall be from time to time filled up and
              supplied from amongst the Civil Servants of the Company belonging to the President wherein
              such vacancies shall respectively happen.”
          •   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.
          •   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.
          •   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.
          •   During 1790-93 Cornwallis introduced certain changes in the criminal law which were
              regularised by a Parliamentary Act of 1797. In December 1790 a rule was framed for the guidance
              of Mohammedan law officers that in all trials of murder they were to be guided by the intention
              of the murderer either evident or fairly inferable and not by the manner or instrument of


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