JUDICIAL REFORMS OF LORD WILLIAM BENTINCK

Lord William Bentinck became the governor-general of India in July,1828 and

held that office uptil March,1835. During this period he made several reforms
in the judicial administration which in many respects were original and many of
the institutions created by him forms the basis of our present judicial system.
They figure as an outstanding mark in our legal history next to those made by
Lord Cornwallis.

Creation of Sadar Adalat at Allahabad

 So far there was only one Sadar Adalat at Calcutta. People had to travel long
distances to seek justice from that court. Therefore, in many cases people
instead of going to the Adalat preferred to suffer injustice. It was necessary
that a Sadar Adalat should be created in those far situated places which had
now come under the jurisdiction of the Company. By Regulation VI of
1831,Lord Bentinck met that demand and established a Sadar adalat at
Allahabad from 1st january, 1832. The constitution and powers of the Adalat
were the same as that of Calcutta. The territorial jurisdiction of the new
Adalat extended to Banaras , Meerut, Muzzfar Nagar and Bulandshahr.

Reforms in Criminal Judiciary

 Abolition of Circuit court – The circuit court was suffering from many
defects like Firstly, that court had heavy work load and therefore , the arrears
went on piling and the justice was delayed. Secondly, in many cases the
references had to be made to the Sadar Nizamat Adalat which did not
entertain the matter for years and the accused had to wait for long in the jail
for their turn. Thirdly, the no. of circuit courts was very limited with large
territorial jurisdiction. Fourthly, the territory being large and the turn of the
court being hardly twice a year, these courts didn’t understand the nature of
the people and therefore, many times innocent people were punished. It was
necessary to devise a new system replacing the old one. Accordingly in 1829
Lord Bentinck replaced these courts with the Court of Commissioner.

 Creation of Court of Commissioner – Regulation 1 of 1829 which replaced

the Circuit court by the court of Commissioner also provided for the
 appointment of Commissioner. The Commissioner was called as the
Commissioner of Revenue and Circuit and had the power of superintendence
and control over the Magistrates, police, Collectors and other revenue
officers. The entire area was divided into divisions and for each division a
Commissioner was appointed. The commissioner was subject to the control
of the Sadar Nizamat Adalat in his judicial functions and to the Board of
Revenue in his revenue functions. The commissioners were also authorized
to hear appeals against the decisions of the Magistrates and the Joint
Magistrates. The decision of the commissioner in the appeal couldn’t be
argued.

 Creation of the Court of District and Sessions judge- Regulation VII of 1831
authorized the government to invest the judges of the District Diwani Adalat
with the duties of the Sessions. The judges had to meet in sessions and hence
called Sessions Judges. During the time in which they did not conduct the
criminal work they were called as District Judges. The Sessions Judges tried
those cases which committed to them by the Magistrates.

 Creation of Collector-Magistrates- The collectors were authorized to

exercise Magisterial function and thus the institution of Collectors-
Magistrates was created .

 Increased participation of indians- The participation of Indians was

increased in the criminal administration of justice by Lord Bentinck through
a Regulation of 1831, which authorized the Magistrates to refer any criminal
case to a Sadar Ameen or a Principal Sardar Ameen for investigation. But
they could not be authorized to make any commitment. The powers of these
Indian Officers were declared in 1832 and they could award punishment
upto a period of one month along with hard labour and corporal punishment
not exceeding, 30 Rattans.

Reforms in Civil Judicature

 Enhancement in the powers of the Munsifs and Sadar Ameens- The number
of Munsifsand Sadar Ameens employed in the civil judicature was increased
by Bentinck to a great extent by specifying the local jurisdiction of those
officers. By Regulation V of 1813, the jurisdiction of the Munsifs was raised
 to Rs.300. Their monthly salary was fixed . While the jurisdiction of the
Sadar Ameen was extended upto Rs.1000 incases referred to him by the
District Diwani Adalat. In 1832, they were also authorized to execute their
decrees and orders.

 Court of Principal Sadar Ameen- A court of Principal Sadar Ameen with a

native officer was created. Principal Sadar Ameen was to be appointed by
the Governor-General-in –Council and was given powers to decide cases of
civil nature between Rs. 1000 to Rs. 5000 If referred to him by the District
Diwani Court he could hear appeals against the decisions of the Munsifs and
Sadar Ameens. Appeals against him were heard by the Diwani Adalat and in
special cases by the Sadar Diwani Adalat.

 Judicial powers of the Registrar abolished – The registrar was deprived of all
the judicial powers which he was exercising so far. His powers were
transferred to Sadar Ameen and Principal Sadar Ameen.

 Abolition of Provincial Court of Appeals and enhancement of powers of the

Diwani Adalat- By Regulation V of 1831 Provincial court of Appeals was
abolished and replaced by Diwani Adalat

 Introduction of Jury System- Regulation VI of 1832 authorized the

Governor-General-in-Council to empower any judge of the Diwani Adalat to
take the help of Jury in any civil case. The jury could be certain prominent
members of the locality or the two persons working as assessors who had to
hear evidence with the judge .