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  • Tue. Jun 25th, 2024

Chapter 23 : Administration Before 1857

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Chapter 23 : Administration Before 1857

Introduction

  • Before 1857, India was primarily under the control of the British East India Company, which gradually expanded its influence over various regions. The administration of the British East India Company coexisted with the existing socio-political systems in place in different parts of India. However, it’s important to note that the term “dual system” is not commonly used to describe the situation in India before 1857.

Background Of Administration Before 1857

  • The aftermath of the Battle of Buxar: British became the supreme power in Bengal and tried to establish administration according to their requirements.
  • Main objectives: to enhance the profitability of its Indian possessions to Britain and to maintain and strengthen the British hold over India.

Dual System Of Government (1765-72)

  • Robert Clive founded the infamous dual system of governing Bengal after the Treaty of Allahabad (1765).
  • The Company obtained the “Diwani” (revenue) and “Nizamat” (civil administration) powers of Bengal from two distinct sources under the “dual” government system:
    • Diwani from the Mughal emperor.
    • Nizamat from the Nawab of Bengal.
  • ‘Diwan’ of Bengal: authorized to collect revenues from the province, and nominate the deputy subahdar to control the Nizamat or the police and judicial powers. Without the approval of the Company, the deputy subahdar could not be removed.
  • Instead of receiving a fixed payment from the Company, the Nawab continued to manage the real administration of the criminal, civil, and police systems.
  • While the British possessed power, the native administrators maintained accountability.
  • Dual Government in Bengal: destroyed the trade, industry, and agriculture of Bengal and also affected the Company’s income both from revenue and trade.

 #ULF Edge

The downside of Dual Government

  • Maladministration: The British held power and money, while the Nawab had no power or money. With a small annual grant of rupees 50 lakh, the Nawab struggled to manage the administration effectively.
  • Due to a lack of funds and lack of law enforcement, lawlessness prevailed in Bengal, leading to increased theft and robbery cases. Common people suffered greatly due to a lack of justice, leading to their departure from their homes.
  • Economy: The Dual Government of Clive deteriorated agriculture in Bengal, allowing the company to collect revenue and provide irrigation. This led to a great famine in 1770, resulting in decreased revenue collection and apathy towards agriculture.
  • Poor administration led to increased private trade, with East India Company servants profiting from illegal trade, while merchants suffered due to tax burdens. This resulted in a severe blow to local trade and commerce.

Conclusion

  • Although the Dual Government recognized the nominal authority of the Nawab, the British East India Company effectively controlled both the Diwani and the Nizamat administrations. Over time, the Company’s control expanded, and the Nawab’s role diminished, leading to the eventual assumption of direct British rule in 1858 after the Indian Rebellion of 1857.

Development of Judicial System Before 1857

  • The development of the judicial system before 1857 can be traced back to the arrival and expansion of the British East India Company in India in the 17th century. The East India Company established a Mayor’s Court in Madras, Bombay, and Calcutta in 1726, which marked the beginning of Indian codified common law. This was the first indication of the Company’s transformation from a trading company to a ruling power, with the added flavour of new Judiciary elements.

Judicial System Before 1857 – Background

  • The Crown established a judicial system in the Indian towns of Bombay, Madras, and Calcutta in the early seventeenth century through a series of Charters, primarily for the purposes of administering justice within the establishments of the British East India Company.
  • These judicial systems were developed independently by the Governor and the Council of these towns.
  • Admiralty Courts were established in Bombay and Madras, while Collector’s Courts were established in Calcutta.
  • These courts were vested with the authority to rule on both civil and criminal matters.
  • Surprisingly, the courts derived their authority from the East India Company rather than the Crown.

Reforms under Warren Hastings (1772-1785)

  • Two judicial setups were arranged by Warren Hastings for resolving disputes –civil disputes for District Diwani Adalat and criminal disputes for District Fauzdari Adalats.

District Diwani Adalat

  • It was formed in districts to adjudicate civil disputes that fell under the collector’s jurisdiction.
  • Hindu law applied to Hindus and Muslim law applied to Muslims at this court.
  • If people want more justice, they were to go to the Sadar Diwani Adalat, which was controlled by a president and two Supreme Council members.

District Fauzdari Adalats

  • It was established to deal with criminal matters that were referred to Indian officials who were aided by Qazis and Muftis.
  • The collector was responsible for the entire operation of this court. In this court, the Muslim law was enforced.
  • The Sadar Nizamat Adalat, which is led by a Deputy Nizam and assisted by the Chief Qazi and Chief Mufti, gave its consent for capital punishment and acquisition.
  • The original and appellate jurisdiction of the Supreme Court of Calcutta was established by the Regulating Act of 1773.

Reforms under Cornwallis (1786-1793)

  • The District Fauzdari Court was dissolved under Cornwallis, and Circuit Courts were established at Calcutta, Deccan, Murshidabad, and Patna.
  • It serves as a court of appeal for both civil and criminal cases, and it is presided over by European judges.
  • Sadar Nizamat Adalat was relocated to Calcutta and placed it under the control of the Governor-General and Supreme Council members, who were assisted by Chief Qazi and Chief Mufti.
  • The District Diwani Adalat was renamed the District, City, or Zila Court, and it was administered by a district judge.
  • The collector was now only in charge of revenue administration and had no magisterial powers.
  • He also established gradation in Hindu and Muslim civil courts, as well as the Munsiff Court, Registrar Court, District Court, Sadar Diwani Adalat, and King-in-Council.
  • He is well-known for establishing the idea of complete sovereignty of law.
  • Cornwallis code laid out was as under:
    • There was a division between revenue and justice administration.
    • European subjects were also subjected to jurisdiction.
    • Government officials were held accountable in civil courts for actions taken in their official capacity.
    • The principle of legal sovereignty was established.

Reforms under William Bentick (1828-33)

  • The four Circuit Courts were dissolved by William Bentinck, who transferred the powers of the disbanded court to the collectors, who were overseen by the commissioner of revenue and circuit.
  • A Sadar Diwani Adalat and a Sadar Nizamat Adalat were established in Allahabad for the benefit of the people of the Upper Provinces.
  • He designated Persian and a vernacular language as official languages for lower court proceedings and English as the official language for Supreme Court proceedings.
  • During his rule, Macaulay established a Law Commission to codify Indian laws.
  • This panel prepared the Civil Procedure Code of 1859, the Indian Penal Code of 1860, and the Criminal Procedure Code of 1861.

Evaluation of Judicial System

Positive Aspects

  • The rule of law was established.
  • Codified laws replaced the rulers’ religious and personal laws.
  • Even European subjects were brought under the jurisdiction, though criminal cases could only be tried by European judges.
  • Government servants were made answerable to civil courts.

Negative Aspects

  • The judicial system became increasingly complicated and costly. The wealthy have the ability to manipulate the system.
  • There was plenty of room for deception, deception, and chicanery.
  • Protracted litigation meant that justice was delayed.
  • Courts became overburdened as litigation increased.
  • Often, European judges were unfamiliar with Indian usage and traditions.

Impact of British Administration

Introduction

  • Before 1857, the British administration had a tremendous influence on India and helped to shape the eventual trajectory of British colonial authority. The British East India Company steadily expanded its dominion over different regions of India throughout this time, reshaping the political, economic, social, and cultural environment of the continent.

Significance of British Administration

The British administration before 1857 played a significant role in shaping the history, politics, and society of India. Here are some of the key aspects of its significance:

  • Colonial Rule: The British East India Company established trading posts in India in the 17th century, expanding control and establishing British colonial rule. The British Raj began in 1858, lasting until 1947.
  • Exploitation: British administration exploited India, destroying indigenous industries and dominating the market, leading to famines and further impoverishment.
  • Modernization: British administration initiated infrastructure projects, facilitating trade, commerce, and integrating regions, while introducing modern educational institutions and administrative structures.
  • Education: British administration promoted Western education in India, transforming the intellectual and social fabric through schools and universities like Calcutta University, establishing an educated middle class and a crucial role in the Indian independence movement.
  • Political Awakening: The British administration influenced national consciousness and political awakening in India, leading to nationalist movements and leaders like Raja Ram Mohan Roy, leading to the Indian independence movement.
  • Socio and cultural reforms: British rule significantly impacted Indian society and culture, introducing new ideas, and social reforms, and eradicating social evils. However, it also promoted racial and cultural superiority, fueling divisions and communal tensions.

Impact Of British Administration

Political Impact of British Administration

  • A series of battles and alliances finally allowed the British East India Company to gain control of key areas of India.
  • They effectively controlled the local rulers, controlled the lands under their control, and established a system of indirect rule. Britain established its own system of government and elected the British to positions of authority.
  • England created a new legal system based on English common law. They built courts and a modern judicial system with the aim of ensuring fair treatment before the law. As a result, Indian law was codified and a more formal legal system was introduced.

Economic Impact of British Administration

  • The British government has made great strides in building infrastructure. To improve communication and transportation across the country, they built a vast network of roads, bridges, canals, and railroads. India’s integration and accessibility have improved through infrastructure development.
  • Britain implemented policies that benefited its own economic interests. They developed a land tax collection system that often resulted in the expulsion of farmers and landlords.
  • Additionally, the British government has introduced a series of commercial measures to the detriment of Indian manufacturers in order to favor British businesses and trade. As a result, certain industries were hollowed out and traditional Indian industries were destroyed.

Social Impact of British Administration

  • Western education was first introduced in India under British rule. They established institutions and schools that provided education in English and Western sciences.
  • As a result, modern education spread across India and created a new class of intellectuals and professionals.
  • In addition, England specifically encouraged widows to remarry and abolished sati (widow burning).

Cultural Impact of British Administration

  • They imported Western concepts, ideals, and institutions and gradually transformed Indian civilization. With the spread of English and Western education, a new middle class emerged in India that questioned long-held social conventions and began to drive social and political change. 
  • The above factors unintentionally encouraged Indian nationalism and solidarity. Economic exploitation, social change, and discriminatory laws have made the Indian public increasingly angry.
  • As a result, an organized independence movement eventually took shape, culminating in the First Revolutionary War, also known as the Indian Rebellion of 1857.

Conclusion

  • It is important to emphasize that different regions and socioeconomic classes in India experienced different effects of British rule. Part of British rule benefited some social groups, while others suffered economic and social disadvantages. The long-term effects of British colonial rule still shape the history and development of modern India.

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