Bengal, the Second Phase (1793-1828)
For a period of thirty-five years the system of Cornwallis was adopted as the guiding principle, and the Government were merely engaged in remedying the defects that gradually forced themselves on their attention. In connection with the Permanent Settlement, the main difficulties were about the regular collection of the stipulated dues. These fell heavily in arrears, with the consequence that lands were frequently sold, and the ideas of a stable revenue and a loyal contented class of zamindars were not realized to any considerable extent. Another defect of the Act was the insufficient protection it gave to the tenants against the oppression of the zamindars. The establishment of the law-courts was expected to give the tenants the needed relief, but in practice it proved futile. In the absence of any regular survey of land and a definite record about the tenure of lands the law-courts could afford but little relief.
But even the protection of the courts soon proved illusory. For the law-suits multiplied so rapidly that the courts were unable to cope with them. The proverbial law’s delay proved so serious in this instance that justice was practically denied, for, in the ordinary course, a case was not expected to be decided during the life-time of a man. Lastly, crimes increased enormously and there was no security of life and property.
It is needless to describe in detail the various measures taken by the successive Governors-General to cope with these serious evils. It will suffice to indicate the main lines of policy adopted by them.
As regards the Permanent Settlement, attempts were made to compile records of tenure and the Regulation VII of 1819 clearly defined the rights of the various classes of tenants. Greater power was given to the zamindar, to collect rents from his tenants and he was made liable to arrest on failure of the annual rent. To cope with the enormous increase in law-suits, the number of district a judges was increased, the number and the powers of the lower courts were enhanced, and Indians were appointed as Munsiffs (with larger powers than those of 1793) and Sadar Amins to try civil cases within a prescribed limit. As regards criminal cases, the magistrate’s power to try them was enlarged and he was authorised to delegate it to his assistants. The Collectors were again empowered to try certain classes of revenue cases, and a few selected among them were vested with the powers of magistrates. Suitable changes were made in the procedure of the provincial appellate courts, so that appeal cases might be tried even when the judges were on circuit. The number of judges in these courts was increased from three to four. The Sadar Diwani Adalat was entirely reconstituted. Instead of the Governor-General and Council, three judges were placed in charge of it, and their number was gradually increased to five. In 1797 an appeal from the decision of this body to the King in Council was permitted in cases where the amount in dispute was over 5,000 pound-sterling.
In order to maintain law and order, an efficient police system was organized both in large towns as well as in the headquarters of every district. They worked under the supervision of four Police Superintendents, stationed in Calcutta, Dacca, Patna and Murshidabad.
Bengal, the Third Phase (1829-1858)
The first radical change in the system of Cornwallis was effected by Lord William Bentinck in 1829. TheLord Bentick new scheme of administration centred round a class of officials called Commissioners, each of whom was placed in charge of a division comprising several districts. The Provincial courts of appeal and the posts of Super- intendents of Police were abolished and their duties were transferred to the Commissioner. In addition to these, he had to supervise the work of the Collectors, magistrates and judges of the districts under him. Experience, however, soon proved that these tasks were too much for a single individual, and as a result of the reshufflings made in 1831 and 1837, the duties of the sessions judge were transferred to the district judge, and the latter was relieved of his magisterial functions by the creation of new posts for that purpose. Thus the district administration was carried on by the judge, the Collector, and the magistrate, with assistants, belonging to the covenanted Civil Service, under the supervision of the Divisional Commissioner.
Another important feature of the change was to entrust Indians with a larger share in administrative work. For this purpose Deputy-Magistrates and Deputy-Collectors were recruited from among them, and, for hearing civil cases, a now post of Principal Sadar Amin was created, from whose decisions, in certain cases, an appeal lay directly to the Sadar Diwani Adalat of Calcutta and not to the District Judge as was hitherto the practice.
Lord William Bentinck also created the posts of Joint Magistrates and placed them in charge of sub-divisions. Gradually the Deputy Magistrates were also appointed as sub-divisional officers.
The most notable change in the administration of Bengal took place in 1854. Up to that year the Governor-General and Council were also responsible for the administration of Bengal, and naturally the local needs of Bengal yielded in importance to the greater imperial issues that almost always confronted that body. By the Charter Act of 1853 Bengal, Bihar, Orissa and Assam were placed in charge of a Lieutenant-Governor, and Mr. F. J. Halliday was appointed to this post on 28th April, 1854.