Administrative Law - UPSC PDF Download

lntroduction

• Wehave observed how the British progressively gained control over the entire country through a series of conquests. The East India Company underwent a transformation from merely a commercial entity to a formidable political force. However, merely conquering territories was not enough to maintain a lasting empire. It was crucial to develop a comprehensive administrative system to support and manage the vast territories.
• We will focus on the concepts and institutions that played a role in the governance of India under British rule. We will explore the British perspective on governing India and then proceed to discuss the various administrative institutions that were established to effectively govern and control the country.

Administrative Law - The Background

The vast territories of India were controlled by a massive administrative structure, and various branches of which were held together by a set of laws. Before we go into the details of this structure, let us look at the background to these administrative innovations. These changes in the field of administration and law were a product of certain ideas which had gained currency in 19th century Britain. These administrative change also catered to certain British interests in India. Let us look at both these aspects.

• The British administration and legal system in India took shape over a period of eighty years, influenced by various British administrators and thinkers. This system was based on intellectual movements in late 18th and early 19th century Britain, which considered the British administration of India as one of its major concerns.
  
  
• One of the earliest influences in this process was the idea of improvement. This concept, evident in the work of Cornwallis, aimed to create an English-style aristocracy in land as the best means of developing India. Cornwallis identified the Zamindars (landowners) as trustees who would encourage trade and production growth. This, along with the introduction of English-style law and administration, was expected to improve India under the landed aristocracy.
• Macaulay, a liberal who grew up amidst the missionary zeal of evangelicalism and the emerging pragmatism of the 1830s and 1840s, took up the codification of laws with vigor. However, he disagreed with the goal of reforming India.
• In between Cornwallis and Macaulay, the intellectual current of utilitarianism emerged, with proponents such as James Mill, Jeremy Bentham, David Ricardo, and John Stuart Mill, who showed special interest in the Indian question. They were largely responsible for the development of the administration and judicial system that emerged in India. The utilitarians believed that Indian society was devoid of rationalism and individualism, and could only be improved through proper legislation and the establishment of British administration.
• Utilitarians prescribed a modern machine of government run by the British, rejecting the idea of giving power and responsibility to Indians. They advocated for the 'Rule of Law,' which required scientifically defined and written laws implemented through a system of local courts. This was expected to create an individualist, competitive society.
• The introduction of British administration and law in India was also motivated by British interests, which varied with the changes in British interest in India and the combination of interest groups in Britain. During the first stage of British rule, the focus was on the East India Company's monopoly of trade with India and control over financial resources through taxation. However, after 1813, British interests shifted towards using India as a market for their manufactured goods and a source of raw materials for their industries.
• This new role for India required greater penetration into the Indian economy and society and control over Indian trade. As a result, the traditional administrative institutions had to be changed and transformed to suit these new requirements. This led to the process of transforming Indian administration and judiciary to promote modern business, create a market economy, and regulate economic transactions with the help of modern laws.

Institutional Framework

Having discussed the dominant British ideas oh the question of law and administration, let us now look at the framework of administrative institutions that evolved in the 19th century, and the extent to which the ideas discussed above, were incorporated into this framework.

The Judicial System

• The building up of an adequate structure of administration started taking shape from 1793 under Cornwallis, and continued, with interruptions, down the 19th century. During Cornwallis Governor Generalship important changes were made in all the branches of administration including the judicial system. These changes involved a divorce of revenue from civil administration, i.e., the separation of judicial from executive functions and the multiplication of judicial courts.
• The separation of civil and revenue administration meant, that the collector hitherto the holder of judicial and revenue responsibilities was now deprived of his judicial functions and concerned mainly with revenue. The collection of revenue and the administration of justice were now to be carried out by separate officials appointed for that purpose. There was now a collector responsible for the collection of revenue and a judge Magistrate with civil and criminal jurisdiction, Broadly the structure of the new judiciary was something like this

Civil Courts
(i) Sadar Diwani Adalat
(ii) Provincial Court 1-1V
(iii) District Courts Presided over by a District Magistrate from Civil Services

Registrar's Court 
Subordinate Courts (Presided over by lndian Judges called Munsif and Amins)

Criminal Courts 
(i) Sadar Nizarnat Adalat (Sadar Fauzdari Adalat in Madras, Bombay)
(ii) Court of Circuit (Presided over by Civil servants)
(iii) Local Courts (Presided over by Indian Magistrates, called Principal Sadar Amin in Madras)

• The hierarchy of courts system was first implemented in Bengal, which served as a testing ground for British administration in India. The system's structure consisted of the Sadar Diwani Adalat and Sadar Nizamat Adalat at the top, located in Calcutta. Below these were the provincial courts of appeal for civil cases and the courts of circuit for criminal cases, established in Calcutta, Dacca, Murshidabad, and Patna. At the bottom were the registrar's courts, led by Europeans, with Indian participation limited to subordinate roles such as Munsifs and Amins. This structure laid the foundation for India's modern judicial system.
• The British displayed tolerance towards existing traditional and religious laws when implementing the new system. They modified Muslim criminal law to make it less harsh and allowed customary laws to continue in civil courts. At this stage, the East India Company focused on partial modification rather than overhauling the entire system. They also enacted and codified a network of new laws, in line with the British passion for codification.
• Two main principles underpinned the new judicial system: the Rule of Law and Equality before the law. The Rule of Law aimed to address issues of discretionary power, lack of individual rights definition, and unwritten laws. It ensured that the administration was carried out according to specific laws defining people's rights and privileges, rather than the rulers' personal desires. In theory, no one was above the law, including officials supervising it. However, legality itself became an instrument of power and oppression.
• Equality before the law meant that all citizens, irrespective of caste or status, were equal in the eyes of the law. This did not extend to Europeans, who had separate courts and laws. Despite the laudable principles of the Rule of Law and Equality before the law, the Indian people faced numerous challenges. Justice became expensive and inaccessible for many due to stamp fees and the need for lawyers. The legal process was also lengthy and complicated, with cases sometimes lasting years.
• Despite these issues, the judicial system introduced in India contributed to the country's unification process. The British used legality as a means of controlling India, but in the 20th century, national movement leaders used the same instrument of legality to defend civil liberties and challenge government authority within the limits of the law.

Administrative System

The main aim of the British administration in India was the maintenance of law and order and the perpetuation of the British rule. A fairly adequate body of written laws had already been created to facilitate the tasks of the administration. The three main pillars of the British administration in India were

• the civil service
• the Army, and
• the Police

Let us briefly see the composition and functions of each of them. 

The Civil Service: The primary role of the civil service was to implement laws and collect revenue. The term "civil services" was first used by the East India Company to distinguish its civilian employees from their military and ecclesiastical counterparts. Initially, the service was commercial but later transformed into a public service.

• From the beginning, the civil service had a graded system consisting of apprentices, writers, factors, junior merchants, and finally senior merchants. Senior merchants were eligible for higher positions, including the Governor. This grading system continued until 1839.
• The appointment to these services was exclusively the privilege of the Court of Directors of the East India Company. Civil servants appointed through this system often engaged in corruption, bribery, and illegal private trade. Cornwallis attempted to curb this corruption by imposing restrictions on civil servants (such as forbidding private trade) and increasing their salaries as compensation. Despite these efforts, corruption and inefficiency persisted.
• Lord Wellesley, who arrived in 1798, introduced the idea of proper training for civil servants in India. He believed that the foundation of civil service training should be established in England, with further training provided in India. This led to the establishment of Fort William College in Calcutta in 1800, where civil servants received training in literature, science, and languages. In 1805, the East India College was established at Haileybury, which provided two years of training for young officers in the civil services. Indian Civil Services continued to be the product of Haileybury College for the next fifty years or so.
• However, the method of recruitment remained through the system of patronage in the hands of the Court of Directors, who were free to nominate their relatives for the services. The Charter Act of 1833 introduced the idea of competition for recruitment, as opposed to the previous nomination practice. The Court of Directors would first nominate four times the number of civil servants required, and these candidates would then compete for one-fourth of the positions available.
• Gradually, the demand for open public competition grew, and the Charter Act of 1853 removed the Court of Directors' power to make nominations and provided for open competition. Regulations regarding age, qualification, and subjects for the competitive examination were determined by a committee headed by Macaulay, which submitted its recommendations to the Board of Control. The college at Haileybury was abolished in 1858, and the competitive examinations became the responsibility of the Civil Service Commission. The competitive examination was held annually in England, making it virtually impossible for Indians to compete.
• In the late 19th century, there began a demand that the competitive examination should be held in India. The officers of the civil services were employed both in the control office and the district. The chief officer in the district was the collector, who was initially responsible exclusively for the collection of revenue. He had the authority to decide all disputes related to boundaries and rent and was assisted by a Tehsildar, who was an Indian. After the reforms of 1831, the offices of the Magistrate and the local chief of Police were also transferred to the collector, giving him total authority in the district. Given the large size of some districts, a post of Deputy Collector was created between the Collector and the Tehsildar in the hierarchy after 1831. This post was later converted into an uncovenanted position, which meant that experienced Indians could be employed as Deputy Collectors.
• The Indian Civil Services developed into one of the most efficient and powerful civil services in the world. Its members played a crucial role in shaping British policies in India and maintaining and running the British Empire in India. After 1947, independent India inherited this civil service system, which continues in its essentially original form today.

The Army and the Police: The majority of the Company's army consisted of Indian soldiers, accounting for about 86% of the total strength in 1857. The main reason for this large share of Indians was the cost associated with maintaining an exclusively British army. The officers of the army, like in other branches of administration, were exclusively British, with the highest position for an Indian being a Subedar.

• The army played a crucial role in the expansion of British dominions over the Indian rulers. However, after the conquest of India and the elimination of foreign rivals, the army's main task became keeping India under subjection. A secondary task was to fight England's wars with Russia, France, or neighboring Indian countries.
• Cornwallis created the police force, which was previously the responsibility of Zamindars and their armed retainers. The newly established police force was entirely under the command of the East India Company's government. The force was grouped into Thanas, headed by a Daroga, who was an Indian. Initially, these thanas were under the general supervision of the District Judge. Later, the post of District Superintendent of Police was created to oversee the police organization in the district.
• The police force's organization was eventually handed over to the civil service, and the district collector also controlled the police. The main task of the police was to handle crime and prevent conspiracy against British rule. Later, in the 20th century, the police were heavily used to suppress the growing national movement.

Extent of Indian Participation: A noticeable feature of the judicial and administrative reforms introduced by the British was the exclusion of Indians from responsible positions. This was consistent with the utilitarian thinking on the Indian question, mainly represented by Mill. Furthermore, Cornwallis, who initiated these reforms in India, did not seem to have much faith in the efficiency and sincerity of Indians. As a result, their scope for employment was limited to subordinate positions such as Amin and Police Daroga. This policy of excluding Indians applied to almost every branch of government, including the army, police, civil services, judiciary, and engineering.

• However, after 1813, under Hastings, the process of gradual Indianization of the lower branches of services, mainly the judiciary, began. As the judicial system expanded, more Indians were included in it. Bentinck advocated for the inclusion of Indians on the grounds of orienting administration to local needs, which could only be defined by the Indians themselves.
• A significant reason for Indianization was the cost involved. The wars fought under Hastings, particularly the Anglo-Burmese war, resulted in a financial crisis. This crisis was compounded by the need to extend administration. The expansion of covenanted services was virtually impossible, so recruiting Indians in large numbers to fill subordinate posts became the only option, as they were cheaper and more easily available than Englishmen. This did not threaten British aspirants for lucrative Indian posts, as they did not want to compete for subordinate jobs in India.
• It was mainly for this reason that the claims of the Indian people for a share in administration were publicly recognized, and the British Government provided justification in terms of justice, moral obligation, and local needs. A regulation of 1831 placed a large share of judicial responsibility in the hands of Indian judicial officers. Bentinck was succeeded by Auckland, who increased the power and salary of Indian Judges.
• However, it must be remembered that the top posts involving decision-making authority were reserved strictly for the British until the late 19th and early 20th centuries when Indians began entering the civil services.

Conclusion

In conclusion, the British administration in India during the 19th century was shaped by various ideas, interests, and intellectual movements of the time. The establishment of a comprehensive administrative structure, with a judicial system, civil service, army, and police force, was essential for the British to govern and control India effectively. These institutions evolved over time, incorporating British ideas such as rule of law, equality before law, and utilitarianism, while also catering to the changing British interests in India. Although the British administration had its merits, such as unifying India and laying the foundation for a modern legal system, it also had its drawbacks, including being expensive, inaccessible, and prone to corruption. Despite these issues, the legacy of the British administration continues to influence the Indian administrative system today.

Frequently Asked Questions (FAQs) of Administrative Law

What were the main ideas of British thinking on administration in India?

The main ideas of British thinking on administration in India were improvement through the creation of an English-style aristocracy, the rule of law, and the separation of revenue and judicial functions of administration. These ideas were based on the intellectual movements in late 18th and early 19th century Britain, such as utilitarianism, which advocated for proper legislation and the establishment of a modern system of government.

What were the main objectives of the British administration in India?

The main objectives of the British administration in India were the maintenance of law and order and the perpetuation of British rule. This was achieved through the establishment of a uniform system of administration, including a hierarchy of courts, the civil service, the Army, and the Police.

How did the British judicial system in India change over time?

The British judicial system in India evolved over time, starting with Cornwallis' reforms in 1793, which separated the revenue and civil administration and established a hierarchy of courts. The system was further developed through the introduction of regulations, codification of existing laws, and the establishment of a network of courts. The principles of the rule of law and equality before the law were also introduced, although their implementation was not without issues.

What was the role of the Indian Civil Service in the British administration of India?

The Indian Civil Service played a crucial role in the British administration of India, as its main job was to translate law into action and collect revenue. The civil servants were responsible for various tasks, such as administration, revenue collection, and judicial functions (after the 1831 reforms). The members of the Indian Civil Service played a key role in framing British policies in India and maintaining the British empire.

How did the British administration in India impact the country after independence?

After India gained independence in 1947, the country inherited the British system of civil services, which continues to function in its essentially original form even today. The judicial system, based on written laws and a hierarchy of courts, also remained in place. The British administration in India played a significant role in unifying the country in terms of law and administration and laid the foundation for India's modern government structure.