Charles Cornwallis

Charles Cornwallis: Architect of British Administrative Reforms in India

Overview

• Full Name: Charles Cornwallis, 1st Marquess and 2nd Earl Cornwallis

• Life Span: 1738–1805

• Position: Governor-General of Bengal (1786–1793)

• Title: “Father of Civil Services in India”

• Primary Objective: Elimination of corruption, resolution of land revenue problems, development of proper justice system

Establishment of Lower Courts and Appellate Courts

Three Judicial Plans

• 1787: First judicial plan announced

• 1790: Second judicial plan

• 1793: Final judicial plan codified

Hierarchical Court Structure

District Level (Mofussil Courts)

• District Judges appointed independently to preside over Mofussil Diwani Adalats

• Separated judicial functions from revenue collection

• Previously held by District Collectors who had both executive and judicial authority

• Munsiff’s Courts established at Pargana/Tehsil level for minor civil cases

• Jurisdiction over cases involving small monetary values (typically under Rs. 50)

• Presided over by Indian judges

Appellate Level (Provincial Courts)

• Four Provincial Courts of Appeal established in:

  • Calcutta

  • Dacca

  • Murshidabad

  • Patna

• Each provincial court comprised:

  • Three European judges

  • Two Indian advisors

• Functions: Handled civil appeals and functioned as criminal circuit courts

• Criminal Jurisdiction: Judges toured divisions biannually with assistance of Indian Qazis and Muftis

• Sentencing Authority: Could issue sentences of death or life imprisonment (required confirmation from Sadar Nizamat Adalat)

Apex Courts (Supreme Courts)

• Sadar Diwani Adalat: Highest civil appellate court

• Sadar Nizamat Adalat: Highest criminal appellate court

• Both presided over by Governor-General and his council

Key Principles Introduced

• First significant step toward separation of powers in India

• Clear distinction between judicial and executive functions

• Government servants made answerable to civil courts for official actions

• Reinforced sovereignty of law principle

Judicial Reforms

• Abolished court fees for litigants

• Lawyers permitted to prescribe their own fees

• Banned torturous punishments (chopping off limbs, nose, ears)

• Prohibited charging of court fees

Third Anglo-Mysore War (1790–1792)

Causes of War

• December 1789: Tipu Sultan attacked Kingdom of Travancore

• Tipu considered British acquisition of Cochin territories as violation of his sovereign rights

• Cochin was feudatory state of Mysore

• Travancore was British ally and sole supplier of pepper to East India Company

• Strategic necessity for British to defend Travancore

Military Alliances

• British formed triple alliance with:

  • Nizam of Hyderabad

  • Maratha Confederacy

• Both allies jealous of Tipu’s growing power and wanted to contain Mysore

Course of War

Initial Phase

• 1790: Tipu Sultan defeated British army under General William Meadows

• Tipu achieved initial military success

British Counteroffensive

• 1791: Lord Cornwallis personally assumed command

• Cornwallis led large army through Ambur and Vellore

• Army captured Bangalore (March 1791)

  • Assault and capture: February 7, 1791

  • Storming of fortress: March 21, 1791 (after six weeks of siege)

Final Siege

• Cornwallis advanced toward Seringapatam (capital of Mysore)

• Allied Forces:

  • 18,000 cavalry from Hyderabad

  • 12,000 troops from Marathas

  • British forces

• Seringapatam fortress designed by French engineers with latest military technology

• Tipu’s scorched earth tactics delayed but could not prevent siege

Treaty of Seringapatam (March 18, 1792)

Territorial Cessions

• British Gains: Baramahal, Dindigul, Malabar

• Maratha Gains: Regions surrounding Tungabhadra River and tributaries

• Nizam’s Gains: Territories from Krishna River to beyond Pennar River

• Nearly half of Mysore’s territories ceded to victors

Financial and Political Terms

• War Indemnity: 3 crore rupees (330 lakhs)

  • Half paid immediately

  • Remainder paid in installments

• Hostages: Two sons of Tipu Sultan surrendered to British as guarantee

Sanskrit Vidyalaya at Benaras (1791)

Founder and Historical Context

• Founder: Jonathan Duncan

• Position: British Resident of Banaras during Cornwallis tenure

• Later Role: Appointed Governor of Bombay in 1795

• Birth: May 15, 1756

Duncan’s Background

• Arrived in India in 1772

• Studied Bengali and Persian

• Began study of Vedas and Sanskrit while in Benares

• Believed understanding Hindu scriptures would facilitate fair governance

• Saw Sanskrit learning preservation as crucial for British administrators

College Establishment

Institutional Details

• Established with sanction of Governor-General Lord Cornwallis

• Initial Budget: Rs. 20,000 per annum from Benares state surplus revenue

• First Teacher/Acharya: Pandit Kashinath

Subjects Taught

• Veda

• Vedanta

• Purana

• Ayurveda

• Sahitya (Literature)

• Astrology

• Theology

• Mimamsa

• Nyaya

Duncan’s Social Reforms

• Successfully abolished practice of female infanticide among Rajkumar community

• Used moral suasion based on Hindu scriptures rather than legal enforcement

• Convinced community elders through religious arguments

• Secured solemn agreement from Rajkumars to abandon practice

Evolution of the Institution

19th Century Developments

• 1844: J. Muir became first Principal

• Later Distinguished Scholars:

  • James R. Ballantyne

  • Ralph T. H. Griffith (first to translate Valmiki Ramayana into English verse)

• 1880: Introduced written examinations, certificates, and degrees (replacing oral examination system)

20th Century and Beyond

• 1958: Elevated to university status

• 1974: Name changed to Sampurnanand Sanskrit Vishwavidyalaya

• Historical Significance: Oldest surviving Sanskrit college in India

• Saraswati Bhavan Granthalaya: Built in 1894, houses thousands of ancient Sanskrit manuscripts

Permanent Settlement in Bengal and Bihar (1793)

Historical Background

• Previous Challenges: East India Company struggled with inefficient revenue collection, corruption, economic distress

• Bengal Famine: Devastating famine in 1770 highlighted administrative failures

• Earlier Proposal: Philip Francis proposed permanent settlement in 1776

• Cornwallis’s Mandate: Instructed to implement permanent land revenue settlement with zamindars

Committee Formation

• Cornwallis formed committee with:

  • Sir John Shore

  • James Grant

Cornwallis’s Reasoning

• Drew inspiration from English landlord system

• Believed permanent ownership rights would incentivize zamindars to invest in land improvement

• Similar to English landlords’ incentive structure

• Theory: Permanent fixed revenue would ensure regular tax income while allowing landholders to retain surpluses

Geographic Scope

• Implemented in Bengal, Bihar, and Orissa

• Later extended to northern Madras Presidency and district of Varanasi

• Covered approximately 19% of British-ruled territory

Key Features of Permanent Settlement

Zamindari Rights and Obligations

• Zamindars recognized as permanent owners with hereditary rights

• Revenue Share: Zamindars retained 11% of land revenue; paid 89% to British government

• Revenue Assessment: Fixed permanently and never to increase

• Revenue remained constant regardless of agricultural productivity improvements or market price rises

• Default on revenue payment: Lands auctioned to realize government revenues

Impact on Different Stakeholders

For Cultivators (Farmers)

• System proved oppressive and exploitative

• Rents paid to zamindars were exceedingly high

• Tenure rights remained insecure

• Required to borrow money to pay rents

• Failure to pay resulted in eviction

• Reduced to tenant status without ownership rights

• Zamindars possessed power to evict at any time

For Zamindars

• Revenue demands initially set so high that many defaulted

• Defaulting zamindars lost zamindari properties

• Little incentive for long-term land improvements

• Preferred less risky approach of leasing and rent collection

For the Company (East India Company)

• Initially appeared advantageous but proved disadvantageous in long term

• First decade of 19th century: Cultivation expanded and agricultural prices rose significantly

• Zamindar income increased substantially

• Company could not increase revenue demand due to permanent settlement

• Lost potential revenue gains from agricultural expansion and economic development

• Inflexibility cost the Company significant potential revenue

Cornwallis Code (1793)

Overview

• Date: May 1, 1793

• Components: 48 comprehensive regulations

• Scope: Administrative, judicial, and police governance framework

• Purpose: Introduction of institutional framework of law and administration for British colonial state

Sources and Synthesis

• Synthesized regulations issued between 1772–1790

• Hindu and Muslim laws incorporated

• Traditional Indian institutions included

• Regulations of Permanent Settlement incorporated

• British legal principles applied

Permanent Settlement Provisions

• Main subject matter of the Code

• Established legal framework for zamindari rights and obligations

• Granted zamindars full rights to transfer or donate lands

• Permanently fixed government revenue

Separation of Executive and Judicial Functions

Key Reform

• Previous System: District Collectors held simultaneous administrative and judicial powers

  • Served as tax administrators

  • Functioned as judges

  • Exercised magisterial authority

• New System: Abolished concentration of power

Structural Changes

• Appointed separate District Judges for every district

• Transferred all judicial powers from revenue collectors

• Abolished Revenue Courts (Mal Adalats) presided over by collectors

• Transferred pending revenue court cases to jurisdiction of district judges

• Limited collector responsibilities to revenue collection and non-judicial administration

Administrative Hierarchy

• District Judges placed higher than Collectors in pay and status

• Reflected importance attached to judicial independence

• Four Provincial Courts of Appeal established in Dhaka, Calcutta, Murshidabad, and Patna

• Sadar civil and criminal courts constituted as highest appellate courts

Accountability Principle

• Revolutionary provision: Governor-General and council made subject to judicial control

• Any wrongful acts by government officials committing while performing functions could be tried in Diwani Adalats

• Private individuals could bring suits against government

• Suits tried by civil courts

• Reinforced sovereignty of law

• Established accountability of public officials

Criminal Administration Reforms

District Level

• Abolished District Faujdari Adalats presided over by Indian officers

• District Judges granted magisterial powers

• Authority to order arrests of criminals and peace disturbers

• Handled petty cases themselves

• Transferred serious offenses to four circuit courts

Circuit Courts

• Functioned as criminal circuit courts

• Judges toured divisions biannually

• Adjudicated criminal cases with assistance of Indian Qazis and Muftis

• Governor-General retained general power of pardon or commutation of punishment

Police System Reforms

Daroga System Introduction

• 1791: System introduced

• 1793: Daroga system codified in Code

• Replaced previous zamindari control over law enforcement

• Modernized old Indian system of thanas (police jurisdictions) in each district

Administrative Structure

• Each district placed under a daroga (Indian officer)

• Superintendent of Police at head of district

• Police forces brought under direct British administrative control

• Placed on government payroll

• Removed police functions from zamindars

• Prevented zamindari abuse of police authority

Operational Details

• Districts divided into multiple thanas

• Darogas appointed by British magistrates

• Responsibility: Maintain law and order

• System established professional police framework

Objectives and Effects

• Aimed to streamline and modernize judicial and administrative systems

• Promoted efficiency and impartiality

• Aimed to establish adherence to rule of law

• Reinforced British racial hierarchies and colonial control

• Effectively excluded Indians from significant administrative authority positions

• Consolidated European domination over governance apparatus

Introduction of Civil Services in India

Background and Context

Pre-Cornwallis System

• Company employees permitted to engage in private trade

• Used Company ships to transport goods back to Europe

• Conflict of interest between personal enrichment and official duties

• Widespread fraudulent practices endemic

• Practice became untenable when Company’s finances deteriorated in 1780s

Problems Addressed

• Major drain on Company’s profits

• Encouragement of widespread corruption

• Personal enrichment taking precedence over official duties

• Lack of professional standards

Reform Measures

Elimination of Private Trade

• Strictly forbade civil servants from engaging in private trade

• Substantially increased salaries to compensate

• Aimed to ensure loyalty and honesty through adequate remuneration

• Reduced reliance on opportunities for bribery and personal enrichment

Merit-Based Recruitment and Promotion

• Established rules ensuring only qualified persons could enter services

• Qualifications based on ability and aptitude

• Regardless of connections with higher authorities

• Selection based on professional competence rather than patronage

• Systematic reduction of nepotism and political favoritism

• Seniority-based promotion system established

Civil Service Organization

Three-Branch Division

• Cornwallis Code formally divided Company service personnel into three branches:

  • Revenue

  • Judicial

  • Commercial

Covenanted vs. Uncovenanted Services

• Covenanted Civil Services:

  • New class of highly paid regulated civil servants

  • Entered formal covenants (agreements) with Company

  • Subject to strict rules

  • Prohibited from private trade

  • Prohibited from accepting gifts

• Uncovenanted Civil Services:

  • Lower-level positions

  • Different terms and conditions

Hierarchical Administrative Structure

• Created hierarchy of civil servants trained and appointed to administer British territories

• Laid groundwork for Indian Civil Service (ICS)

• Later evolved into Indian Administrative Service (IAS) after independence

Principles Established

• Enforced strict rules of conduct

• Ensured adequate compensation

• Promoted merit-based advancement

• Separated commercial, judicial, and revenue functions

• Enhanced administrative efficiency

• Reduced corruption within colonial administration

• Laid foundation for modern civil service systems

• Standards remarkably endured nearly to end of British rule

Controversial Aspects: Racial Exclusion

Europeanization of Administration

• Systematic exclusion of Indians from top administrative positions

• Top positions reserved exclusively for Europeans

• Indians relegated to lower-grade posts:

  • Clerks

  • Peons

  • Subordinate roles

Dismissal of Indian Officials

• Cornwallis dismissed all remaining Indian officials of significant rank

• Reflected distrust of Indian officials

• Believed Indian officials prone to corruption and inefficiency

• Created resentment persisting throughout colonial period

• Reinforced British colonial control

• Denied Indians opportunities for responsible office

Legacy

• Established crucial principles for administrative integrity

• Created bureaucratic framework promoting professionalism

• Reduced corruption within colonial administration

• Complex legacy: institutional innovation combined with racial dominance and colonial exploitation

Summary of Cornwallis’s Tenure (1786–1793)

Major Achievements

1. Judicial Reforms: Hierarchical court system with separation of powers

2. Military Success: Victory in Third Anglo-Mysore War, Treaty of Seringapatam

3. Educational Support: Sanskrit College at Benaras establishment

4. Land Revenue: Permanent Settlement in Bengal and Bihar

5. Legal Codification: Cornwallis Code with 48 comprehensive regulations

6. Civil Services: Merit-based recruitment and professional administration

Modern India