- The judicial system in India lacked proper procedures and organizational structure from ancient India through the Mughal era.
- The establishment of Mayor’s Courts in Madras, Bombay, and Calcutta in 1726 by the East India Company marked the inception of a common law system, relying on recorded judicial precedents.
- As the East India Company evolved from a trading entity into a ruling power, new elements of the judicial system supplanted the existing Mughal legal framework. Various Governors-General introduced reforms in the judicial system, including:
Reforms Under Warren Hastings
- District Diwani Adalats were established in districts to resolve civil disputes, with these adalats placed under the collector. Hindu law applied to Hindus, while Muslim law applied to Muslims. Additionally, District Fauzdari Courts were instituted to adjudicate criminal disputes.
- The Regulating Act of 1773 led to the establishment of a Supreme Court in Calcutta.
Reforms Under Cornwallis
District Fauzdari Courts were replaced by Circuit Courts established in Calcutta, Dacca, Murshidabad, and Patna. The District Diwani Adalat was redesignated as the district, city, or Zila Court, now under the jurisdiction of a district judge.
Reforms Under William Bentinck
- The four Circuit Courts were abolished, and their functions were transferred to Collectors under the supervision of the Commissioner of revenue and credit. In addition, Sardar Diwani Adalat and a Sadar Nizamature adalat were established in Allahabad for the convenience of the people of the Upper Provinces.
- In 1860, a stipulation was introduced that Europeans could assert no special privileges except in criminal cases, and judges of Indian origin were barred from presiding over their trials.
- By 1865, the Supreme Court and the Sadar Adalats underwent consolidation, resulting in the creation of three High Courts in Calcutta, Bombay, and Madras.
- In 1935, the Government of India Act established a Federal Court (established in 1937), empowered to arbitrate disputes between governments and hear limited appeals from the High Courts.
