Background
- during Mughal times
Changes by Warren Hastings 1772
- 1773: Separation of powers was implemented at the level of EU DC
- now an officer could not be both judge and DC
- Regulating Act 1773 set up SC at Calcutta 1774
Cornwallis Code 1793
- Cornwallis reintroduced SoP at level of CCS officers to reduce concentration of power
- Civil matters
- ended Mofussil court and brought DA at district & city courts
- created a 3 tier structure of judiciary to reduce burden of cases on GGBe & Council of Members who headed SDA
- Criminal matters
- ended Nizamat Adalat in districts
- divided Bengal into 4 divisions
- Patna
- Murshidabad
- Calcutta
- Dacca
- set up a Court of Circuit in each division
Changes in Charter Act 1833
- 1 legal member added to GGIn council
- Thomas Macaulay was made the law member & a law commission set up under him for codification of laws which was completed in 1837
- Judicial position were open for indians
- GGIn in Council was made the central and single legislative authority for british india and the laws made were to be equally applicable to british & indians see also: Charter Act 1833
Reforms by William Bentick
- ended court at divisional level (i.e. Provincial Court of Appeal (civil)) and Court of Circuit (criminal) which had high pendency of cases. Reduced govt expenses.
- Indian High Court Act 1861: HC at M, B, C by 1865
- Calcutta HC created by merging SDA, SNA & SC
GoI Act 1935
- set up federal courts for Brit India. It dealt with inter govt disputes & appeals against decisions of HC