SETTLEMENT IN MADRAS BEFORE 1726- In 1639 Francis Day acquire a piece SECOND STAGE – (1665 – 1683) – Although the

(1665 – 1683) – Although the charter of 1661 provided that the

of land from a Hindu Raja for the East India Company and constructed a governor and council could decide every matter according to the laws of England, nothing
fortified factory were Englishman and other Europeans and therefore the was done until 1665, when the Dawes case arose. In 1665 one Mrs Ascentia Dawes was
area of the factory came to be known as while town and the people residing charged with the commission of Murder her slave girl and the Agent- in – Council referred
in the village Madras, Patnam were mostly Indians and therefore it came to the case to the Company’s authority in England for advice. After raising the status of agent
Raja Nand Kumar case refers to a significant historical legal case that took place in
be known as Black Town. The Whole Settlement Consisting of white town and and Council of the factory at Madras to try Mrs. Dawes with the help of Jury and an
British India during the 18th century.Raja Nand Kumar was a prominent noble and
black town came to be known as Madras. In judicial administration in Madras unexpected verdict of not guilty was given and consequently Mrs. Dawes was acquitted.
official in the court of Nawab Siraj-ud-Daulah, the ruler of Bengal. However, due
divided in 3 stages. First, Second and Third. FIRST STAGE (1639 to 1665) – Later on 1678 the whole judicial administration was re-organized. The judicial
to political and personal rivalries, Raja Nand Kumar fell out of favor with the
White town before 1665 Madras was not presidency town and it was administration in both the towns was improved. THIRD STAGE (1683 – 1726) ADMIRALITY
Nawab. In 1760, Siraj-ud-Daulah accused Raja Nand Kumar of forgery and treason
subordinate to Surat. The administrative head was called ‘Agent’ and he was COURT – In 1683 King Charles II issued a Charter. It empowered the Company to establish
and ordered his arrest.Following his arrest, Raja Nand Kumar was put on trial in
to administer the settlement with the help of Council. The serious criminal Courts of Admiralty in India. The Court of Admiralty was authorized to try all traders who
the Calcutta Mayor's Court. He was charged with forging a bond purportedly
cases referred by them to the Company’s authorities in England for advice. committed various crimes on the high seas. The court was empowered to hear and
signed by the Nawab's grandfather, Alivardi Khan, and plotting against the
But there was defects the judicial power of the agents and council was vague determine all cases concerning maritime and mercantile transactions. The court was also
Nawab's authority. The trial was conducted under the jurisdiction of the British
and indefinite and much delay also, they did not have any elementary authorized to deal with all cases of forfeiture of Ships, Piracy, Trespass, Injuries and
East India Company.The trial was controversial, as many believed it was politically
knowledge about law. They were Merchant. There was no separation Wrongs. It was stated that the court would be guided by the laws and customs of
motivated and an attempt to remove a potential threat to the British East India
between executive and judiciary. The president of the Surat factory and merchants as well as the rules of equity and good conscience in the task of administration
Company's interests. Raja Nand Kumar pleaded not guilty but was found guilty by
members of His Council constituted a court to decide dispute between the of justice. The provision of the Charter of 1683 was repeated by James II in a charter
the court and sentenced to death.After the trial, Raja Nand Kumar appealed to the
Englishman interest in accordance with their own laws and customs. They issued in 1686. On 10th 1686 the court of admiralty was established at Madras John Grey
British Crown through a petition to the Privy Council in England. The Privy Council,
were to decide both civil and criminal cases. Capital offences dealt by a jury was appointed judge of the court and to assist him 2 other English man were appointed as
as the final court of appeal at the time, reviewed the case. However, in 1775,
there was no separation between executive and judiciary. The president and his assistants on 22nd July 1687. Sir John Biggs who was a Professional Lawyer learned in
while the appeal was still pending, Raja Nand Kumar died in prison under
the members of his council who were to decide cases and administer justice Civil law was appointed as Judge Advocate in Chief Judge of the Court.
suspicious circumstances, which raised further questions about the fairness of the
were merchant. They did not have even elementary knowledge of English law.
trial.The Raja Nand Kumar case highlighted the complex dynamics between the
British East India Company, the local rulers, and Indian nobles during the colonial
period. It also brought attention to the limitations of the Indian judicial system
ADALAT SYSTEM: WARREN HASTINGS Warren Hasting was the Governor of Moffussil Diwani Adalat- It was a court of civil jurisdiction established in each under British rule.
Madras. He was transferred to Bengal in 1772. As Governor of Bengal, Bihar district. The collecter was the judge of this court. In suits regarding inheritance,
and Orissa, he prepared the First Judicial Plan in 1772. It was the first step to marriage, caste and other religious usages and institutions the court was required to
regulate the machinery of administration of justice. The plan being a land apply “the laws of the Koran with regard to Mohammedans, and those of the
mark in the judicial history became famous as “Warren Hastings Judicial Plan shastras with the respect to Hindus.” In matters of Hindus and Muslims the court was The accession of princely states in India refers to the process by which these
of 1772” Warren Hasting was appointed as Governor of Bengal, he started his helped by pandits and kazis respectively, who expounded the law to be applied by states, which were semi-autonomous entities within British India, joined either
efforts for eradicating the evils in the administration of the justice and the judge. Small Causes Adalat – As Name Says this Adalat decided petty cases up to India or Pakistan after the partition of British India in 1947. The accession
revenue collection. He abolished the system of “Double Government” and Rs. 10/- the head farmer of the village became the judge. This system was designed
process was a crucial aspect of the overall political integration of India. During
executed the Diwani functions through the Company’s servants. n. The to save the travelling expenses of poor farmers as they did not need to travel to the
committee under the Chairmanship of Warren Hastings prepared the First district place for justice. Establishment of Sardar Adalat – Firstly, two courts were
the partition, the majority of the princely states were given the option to
Plan in 1772. This is known as Warren Hastings Plan of 1772. JUDICIAL PLAN established namely Mofussil Diwani Adalat and Mofussil Faujdari Adalat over them choose between joining India or Pakistan or to remain independent. The
OF 1772 The first judicial plan was prepared by the Committee of Circuit two superior Courts were established. Namely Sardar Diwani Adalat and Sardar princely states had varying degrees of autonomy, and their rulers had the
under the Warren Hastings chairmanship. Warren Hasting administrative plan Nizamat Adalat. The Sardar Diwani Adalat was consisted of Governor and member of authority to decide the fate of their states.The Indian Independence Act of 1947
divided territory of Bengal, Bihar and Orissa into number of District. In each the Council and was to hear appeals from Mofussil Diwani Adalat. In the case of over provided the legal framework for the accession process. According to the act,
district an English servant of the Company was appointed as collector who Rs. 500/-. The First sitting of Sardar Diwani Adalat was held on 17th March 1773. On the rulers of the princely states had the freedom to accede to either India or
was to be responsible for the collection of revenue. Under this plan the whole each appeal of 5 percent was charged. The appeal were to be filed in the Adalat Pakistan. However, it also stated that if a princely state was contiguous to
of Bengal, Bihar and Orissa were divided into districts. The district was within 2 months from the date of the judgment decree given by the Mofussil Diwani territories of either India or Pakistan and had a predominantly Hindu or Muslim
selected as the unit for the collection of revenue and for the administration of Adalat. Appellate CourtsThe following two appellate courts were
population, it was The process of accession involved negotiations between the
civil and criminal justice. Courts of Original Jurisdiction Mofussil Faujdari establishedSardar Nizamat Adalat – Sardar Nizamat Adalat consisted of an Indian
Adalat – In every district Mofussil Nizamat or Faujdari Adalat was established judge known as Daroga- e- Adalat. Who was to be consisted by the chief Kazi, Chief
rulers of princely states and the Indian political leadership, represented by
to try all criminal cases. The Adalat consisted of Kaziz, Mufti and Moulvies. Mufti and Three Moulvies. Nawab appointed all these persons as per the advice of leaders like Sardar Vallabhbhai Patel, who served as India's first Deputy Prime
The Moulvies interpreted the Muslim law of crimes. The Kazis and Mufti gave Governor. In case of death sentences punishment deal warrant was made by the Minister and Minister of States. Patel played a crucial role in convincing many
Fatwa and render Judgment. In this Adalat Collector exercise general adalat and signed by the Nawab as the head of Nizamat. Sadar Diwani Adalat- This princely states to accede to ISome princely states, such as Hyderabad,
supervision over the adalat and saw that no corruption was made in the court was composed of the Governor and council and heard appeals from the Junagadh, and Jammu and Kashmir, posed challenges to the accession process.
cases. The judgment was given impartially. This Faujdari Adalat was not Mofussil Diwani Adalat where the suit value exceeded Rs.500 The governor and In these cases, there were disputes and conflicts over the decision to accede,
allowed to handle cases where punishment was death sentence of forfeiture Council supervised this adalat to control and reduce the corruption all cases were resulting in armed interventions by the Indian government to ensure the
of property of the accused. Such cases went to Sardar Nizamat Adalat for final ordered to maintain registers and records. Any case older than 12 years was not integration of these states into the Indian Union. By 1949, almost all of the
order. accepted. District Courts forwarded their records to Sardar Adalat..
princely states had acceded to either India or Pakistan. The Instrument of
Accession, a legal document, formalized the accession of each princely state to
the respective country. The accession of princely states significantly contributed
to the consolidation and territorial integrity of India as a unified nation-state.

5. Population Settlement and Migration: As colonial control solidifies,

settlers from the colonizing country may begin migrating to the colony in
JUDICIAL PLAN OF 1774 – With the plan collectors were Colonialism refers to the establishment and maintenance of colonies by one country over larger numbers. This settlement process often involves displacing
recalled from every district in place of collectors an Indian another region or territory. It typically involves the exploitation and control of the colonized indigenous populations from their lands and establishing new
officer was appointed called Diwan or Amil Diwan got the people, their resources, and their land. While colonialism took various forms throughout communities with a cultural and demographic impact on the colony.
power to collect the revenue as well as act as a Judge in history, the following stages provide a general framework for understanding the process: 6. Social Hierarchy and Racial Discrimination: Colonialism typically
the Mofussil Diwani Adalat. The territory of Bengal, Bihar 1. Exploration and Contact: The first stage of colonialism involves explorers and traders establishes a social hierarchy where colonizers hold the highest positions
and Orissa was divided into 6 divisions with their from the colonizing country making contact with new territories. This phase often includes of power, while indigenous populations are marginalized or exploited.
headquarters at Calcutta, Burdwan, Murshidabad, the establishment of initial trade relations, cultural exchange, and the gathering of Racial and ethnic discrimination become systemic, with colonizers often
Dinajdore, Dacca and Patna. In each division many information about the local people and resources. benefiting from privileges and preferential treatment.
districts were created, the complete Bihar came under 2. Establishment of Colonies: Once initial contact is made, the colonizing country begins 7. Resistance and Nationalism: Over time, the colonized population may
the Patna Division. A provincial council consisting of 4 or establishing permanent settlements in the colonized territory. This stage involves the develop resistance movements and nationalist sentiments as they seek to
5 English servant of the Company were appointed in each construction of forts, ports, and administrative centers to facilitate control and exploitation. regain control over their lands and resources. These movements can take
division to supervise the collection of revenue and to The colonizing power typically asserts political and economic dominance over the various forms, including peaceful protests, civil disobedience, and armed
hear appeals from the cases decided by the Amil and indigenous population. struggles, ultimately leading to movements for independence and
Indian Diwan. The appeals from this Provincial Council 3. Exploitation and Resource Extraction: In this stage, the colonizing power exploits the decolonization.
were allowed if the case amount was more than Rs resources of the colony for its own benefit. This could include extracting valuable minerals, 8. Independence and Post-Colonial Challenges: The final stage occurs
1000/- the appeal went to Sardar Diwani Adalat. This agricultural products, or other natural resources. The colonizers often establish plantations, when the colony achieves independence from the colonizing power.
time also Warren Hasting new that the Provincial Council mines, and other forms of economic infrastructure to extract and export resources back to However, the newly independent nation often faces numerous
will do the more harm and more corruption then the their home country. challenges, including establishing effective governance systems,
collectors. Warren Hasting thought this plan as temporary 4. Imposition of Governance and Culture: The colonizing power imposes its own political, recovering from economic exploitation, addressing social inequality, and
plan but regulating act was passes in this time and legal, and administrative systems on the colony, often replacing or marginalizing existing reclaiming cultural identities.
Warren Hasting could not change the Plan until year 1780 indigenous systems. This stage involves the appointment of colonial officials, the It's important to note that the stages described above are not always
introduction of new laws, and the suppression or assimilation of local cultures, languages, linear or mutually exclusive, and the specifics of colonialism can vary
and traditions. significantly depending on the historical context and the regions involved.

Mayor's Courts, also known as Mayor's Courts of India, were a type of The Government of India Act of 1935 was an important piece of .3.Federal Legislature: The Act established a federal
judicial institution established by the British in India during the colonial legislation passed by the British Parliament that significantly legislature for India, consisting of two houses: the Federal
period. They were introduced under the Regulating Act of 1773 and reshaped the constitutional structure of British India. It was a Assembly and the Council of States. The Federal Assembly
remained in operation until the enactment of the Indian High Courts Act of response to growing demands for political reforms in India and was to be indirectly elected, while the Council of States was
1861.Mayor's Courts were established in major cities, including Calcutta aimed to establish a more representative system of governance. to be partially elected and partially nominated.4.Central
(now Kolkata), Madras (now Chennai), and Bombay (now Mumbai). These Key features of the Government of India Act 1935 include: Government: The Act created a central government
courts were presided over by a Mayor, who was usually a British officer Federal Structure: The Act proposed the establishment of a structure with limited powers. The central government was
appointed by the East India Company or the colonial government.The federal system in India, dividing the country into provinces and responsible for defense, foreign affairs, and the
jurisdiction of the Mayor's Courts was primarily focused on civil matters, princely states. It introduced a dual scheme of government, with administration of "transferred subjects" such as finance,
particularly commercial disputes. They dealt with cases related to trade, separate powers and responsibilities for the central (federal) commerce, and communications.5.Reservation of Seats: The
commerce, and other civil issues between British subjects and Indian government and the provincial governments.1.Provincial Act introduced the concept of reserved seats for certain
citizens or Indian subjects among themselves. The courts also handled Autonomy: The Act granted greater autonomy to the provinces, marginalized communities, including Scheduled Castes
certain criminal matters, but their criminal jurisdiction was limited empowering them with legislative and executive authority. It (Dalits) and Scheduled Tribes, in the provincial
compared to their civil jurisdiction.The Mayor's Courts followed the English introduced provincial ministries responsible for local governance legislatures.It's important to note that the Government of
legal system and applied English common law and statutes in their and gave them the power to make laws in specified India Act 1935 didnot fully satisfy Indian demands for self-
proceedings. They were seen as important institutions for the areas.2.Separate Electorates: The Act retained the system of rule, and it ultimately paved the way for the eventual
administration of justice and the resolution of disputes arising from the separate electorates for different religious communities, which partition of India and the creation of Pakistan. However, it
growing commercial activities in the major cities.however, with the had been introduced by the earlier Government of India Act of laid the groundwork for subsequent constitutional
passage of time and the increasing need for a more comprehensive and 1919. It provided separate representation for Muslims, Sikhs, developments and discussions that ultimately led to India's
efficient judicial system, the Mayor's Courts were gradually replaced. The Christians, Anglo-Indians, and Europeans. independence in 1947.
Indian High Courts Act of 1861 led to the establishment of High Courts in
the major cities, which had wider jurisdiction and greater authority. The
High Courts replaced the Mayor's Courts and became the superior courts
of judicature in those regions.Today, the High Courts continue to function
as important judicial institutions in the Indian legal system, with their
jurisdiction covering a wide range of civil and criminal matters.