The judicial system at the time of Warren Hastings’ ascendancy was a store-house of abuses. The Nawab who was hitherto the chief administrator of justice, misused his powers. Often, his judgments were careless. The zamindars who acted as judges at lower levels within their own areas were highly corrupt and prejudiced. On the whole, the judicial institution suffered from extreme corruption.
East India Company’s
Warren Hastings felt the necessity of reorganising the judicial system. Each district was provided with a civil court under the Collector and a criminal court under an Indian Judge. To hear appeals from the district courts two appellate courts, one for civil cases and another for criminal cases, were established at Calcutta. The highest civil court of appeal was called Sadar Diwani Adalat, which was to be presided over by the Governor and two judges recruited from among the members of his council. Similarly, the highest appellate criminal court was known as Sadar Nizamat Adalat which was to function under an Indian judge appointed by the Governor-in-Council.
Experts in Hindu and Muslim laws were provided to assist the judges. A digest of Hindu law was prepared in Sanskrit by learned Pandits and it was translated into Persian. An English translation of it – Code of Hindu Laws – was prepared by Halhed.
