New Influence and Transition Under the British Rule - II | Maharashtra State PSC (MPSC): Preparation - MPSC (Maharastra) PDF Download

 Page 1


INTRODUCTION :
After the fall of Marathas, the East India co. gained a lot of territory.
They became powerful and gradually became active in administrative
affairs of the Maharashtra (i.e. in Bombay Presidency).  They introduced
several changes from time to time. Several Governors were also
responsible for tackling these issues. Lord Cornwallis the first Governor
General laid the foundation of law and administration in India in (1786-
93). The new influence of modern ideas and the spirit of liberalism made
them work out plans for better administration of justice and also provide
better means of the transport and communication.  The non-government
Western Christian Missionary of America and Scotland worked for the
social welfare of down trodden and  unprivileged people.
Page 2


INTRODUCTION :
After the fall of Marathas, the East India co. gained a lot of territory.
They became powerful and gradually became active in administrative
affairs of the Maharashtra (i.e. in Bombay Presidency).  They introduced
several changes from time to time. Several Governors were also
responsible for tackling these issues. Lord Cornwallis the first Governor
General laid the foundation of law and administration in India in (1786-
93). The new influence of modern ideas and the spirit of liberalism made
them work out plans for better administration of justice and also provide
better means of the transport and communication.  The non-government
Western Christian Missionary of America and Scotland worked for the
social welfare of down trodden and  unprivileged people.
LAW AND ADMINISTRATION :
The British law system in England :
The Englishmen had unwritten constitution but the decisions of the
courts and the Common Law had given them a highly developed legal
system.  There was well organized machinery for enforcement of laws
and a body of professional lawyers to help the courts to interpret the
laws.  There were settled legal procedures and the people know where
to file their cases in the first instance and where to appeal.
The system of laws and the legal procedures followed in
Maharashtra as in other parts of India were rudimentary.
  The Hindu law system prevailing in Maharashtra
The Hindu Law books based on Manu-smriti provided for unequal
justice but the Panchayat system had drawn the attention of Mountstuart
Elphinstone. The inequality of justice in the Hindu Community was based
on caste-considerations but the prevalent laws in England were equally
bad and as sever as the criminal law of the Muslim rulers.  Sir Spenser
Walpol has criticized the whole system.  He points out that members of
Parliament could make any offence a capital felony.  A men stealing
forty shillings could be awarded death penalty.
 Code Elphinstone
Mountstuart Elphinstone when he was a commissioner for Deccan
had come across many difficulties in the administration of the revenue
system and administration. When he became the Governor in 1819 he
wanted to establish “Rule of Law”, the proud legacy of Englishman, in
the foreign land under his charge that is Maharashtra. He wanted to
check the power of money and high birth. He appointed a senior officer
Mr. Borradiale to prepare a catalogue of decisions given by the (learned
men) in Hindu Law in cases referred to them by the courts and the
statements of the witnesses regarding the customs as well as the caste
records in the books. Mr. Borradiale was to be advised by the ‘Sadar
Adalat’(Court of Appeal in civil and criminal cases as organized by Lord
Cornwallis) in the compilation of the records.
Elphinstone directed the, committee set up for this purpose with
Mr. Steele as its secretary to scrutinize not the question of the doctrine
contained, in a particular law-book but to ascertain and concentrate
attention on the degree of esteem in which it was held by the common
people. He wanted a concise digest of these matters.
The Committee in association with the Sadar Adalat compiled as
Code of Regulations in 1827. It came to be known as Code Elphinstone
Page 3


INTRODUCTION :
After the fall of Marathas, the East India co. gained a lot of territory.
They became powerful and gradually became active in administrative
affairs of the Maharashtra (i.e. in Bombay Presidency).  They introduced
several changes from time to time. Several Governors were also
responsible for tackling these issues. Lord Cornwallis the first Governor
General laid the foundation of law and administration in India in (1786-
93). The new influence of modern ideas and the spirit of liberalism made
them work out plans for better administration of justice and also provide
better means of the transport and communication.  The non-government
Western Christian Missionary of America and Scotland worked for the
social welfare of down trodden and  unprivileged people.
LAW AND ADMINISTRATION :
The British law system in England :
The Englishmen had unwritten constitution but the decisions of the
courts and the Common Law had given them a highly developed legal
system.  There was well organized machinery for enforcement of laws
and a body of professional lawyers to help the courts to interpret the
laws.  There were settled legal procedures and the people know where
to file their cases in the first instance and where to appeal.
The system of laws and the legal procedures followed in
Maharashtra as in other parts of India were rudimentary.
  The Hindu law system prevailing in Maharashtra
The Hindu Law books based on Manu-smriti provided for unequal
justice but the Panchayat system had drawn the attention of Mountstuart
Elphinstone. The inequality of justice in the Hindu Community was based
on caste-considerations but the prevalent laws in England were equally
bad and as sever as the criminal law of the Muslim rulers.  Sir Spenser
Walpol has criticized the whole system.  He points out that members of
Parliament could make any offence a capital felony.  A men stealing
forty shillings could be awarded death penalty.
 Code Elphinstone
Mountstuart Elphinstone when he was a commissioner for Deccan
had come across many difficulties in the administration of the revenue
system and administration. When he became the Governor in 1819 he
wanted to establish “Rule of Law”, the proud legacy of Englishman, in
the foreign land under his charge that is Maharashtra. He wanted to
check the power of money and high birth. He appointed a senior officer
Mr. Borradiale to prepare a catalogue of decisions given by the (learned
men) in Hindu Law in cases referred to them by the courts and the
statements of the witnesses regarding the customs as well as the caste
records in the books. Mr. Borradiale was to be advised by the ‘Sadar
Adalat’(Court of Appeal in civil and criminal cases as organized by Lord
Cornwallis) in the compilation of the records.
Elphinstone directed the, committee set up for this purpose with
Mr. Steele as its secretary to scrutinize not the question of the doctrine
contained, in a particular law-book but to ascertain and concentrate
attention on the degree of esteem in which it was held by the common
people. He wanted a concise digest of these matters.
The Committee in association with the Sadar Adalat compiled as
Code of Regulations in 1827. It came to be known as Code Elphinstone
and became the Law. It was published on January 1, 1827 and contained
26 Regulations as follows.
Preliminary = 1; Civil Justice Regulations = 9
Criminal Justice Regulations = 5; Revenue Board
Regulations = 6; Military Regulations = 1;
Miscellaneous Regulations = 1; T otal 26.
This code remained, in operation from 1827 to 1835 and thereafter
it was modified to suit the changing circumstances.
 Administration of Law and Justice
As already referred to above Lord Cornwallis had, set up a
machinery to enforce law and order in Bengal during his tenure as
Governor-General. According to the old practice revenue collectors of
districts were empowered to preside over civil and revenue courts. They
were allowed to exercise magisterial functions including administration
of criminal justice. Under the influence of Cornwallis Code the collectors
were relieved of judicial duties and the civil courts were, placed under
District Judge. City courts and District Courts were established each
presided over by an English Judge to deal with civil and revenue matters.
Comments :
In the initial period that is from 1818 to 1828 the attention of the
rulers was more on the maintenance of peace and order in the large
Presidency of Bombay. Besides Maharashtra it covered parts of Gujarat
and Karnatak. The systems and practices that were followed in the Botany
island and the port of Surat, the two big centers of trade and commerce
of the Company were kept as models especially for urban areas like
Pune. In the rural areas they were more concerned with litigations and
problems concerning revenue collections. The troops of the Company
were kept in readiness to meet any contingency. The new laws, law
courts and the general administration were all geared up to maintain
peace and order.
Page 4


INTRODUCTION :
After the fall of Marathas, the East India co. gained a lot of territory.
They became powerful and gradually became active in administrative
affairs of the Maharashtra (i.e. in Bombay Presidency).  They introduced
several changes from time to time. Several Governors were also
responsible for tackling these issues. Lord Cornwallis the first Governor
General laid the foundation of law and administration in India in (1786-
93). The new influence of modern ideas and the spirit of liberalism made
them work out plans for better administration of justice and also provide
better means of the transport and communication.  The non-government
Western Christian Missionary of America and Scotland worked for the
social welfare of down trodden and  unprivileged people.
LAW AND ADMINISTRATION :
The British law system in England :
The Englishmen had unwritten constitution but the decisions of the
courts and the Common Law had given them a highly developed legal
system.  There was well organized machinery for enforcement of laws
and a body of professional lawyers to help the courts to interpret the
laws.  There were settled legal procedures and the people know where
to file their cases in the first instance and where to appeal.
The system of laws and the legal procedures followed in
Maharashtra as in other parts of India were rudimentary.
  The Hindu law system prevailing in Maharashtra
The Hindu Law books based on Manu-smriti provided for unequal
justice but the Panchayat system had drawn the attention of Mountstuart
Elphinstone. The inequality of justice in the Hindu Community was based
on caste-considerations but the prevalent laws in England were equally
bad and as sever as the criminal law of the Muslim rulers.  Sir Spenser
Walpol has criticized the whole system.  He points out that members of
Parliament could make any offence a capital felony.  A men stealing
forty shillings could be awarded death penalty.
 Code Elphinstone
Mountstuart Elphinstone when he was a commissioner for Deccan
had come across many difficulties in the administration of the revenue
system and administration. When he became the Governor in 1819 he
wanted to establish “Rule of Law”, the proud legacy of Englishman, in
the foreign land under his charge that is Maharashtra. He wanted to
check the power of money and high birth. He appointed a senior officer
Mr. Borradiale to prepare a catalogue of decisions given by the (learned
men) in Hindu Law in cases referred to them by the courts and the
statements of the witnesses regarding the customs as well as the caste
records in the books. Mr. Borradiale was to be advised by the ‘Sadar
Adalat’(Court of Appeal in civil and criminal cases as organized by Lord
Cornwallis) in the compilation of the records.
Elphinstone directed the, committee set up for this purpose with
Mr. Steele as its secretary to scrutinize not the question of the doctrine
contained, in a particular law-book but to ascertain and concentrate
attention on the degree of esteem in which it was held by the common
people. He wanted a concise digest of these matters.
The Committee in association with the Sadar Adalat compiled as
Code of Regulations in 1827. It came to be known as Code Elphinstone
and became the Law. It was published on January 1, 1827 and contained
26 Regulations as follows.
Preliminary = 1; Civil Justice Regulations = 9
Criminal Justice Regulations = 5; Revenue Board
Regulations = 6; Military Regulations = 1;
Miscellaneous Regulations = 1; T otal 26.
This code remained, in operation from 1827 to 1835 and thereafter
it was modified to suit the changing circumstances.
 Administration of Law and Justice
As already referred to above Lord Cornwallis had, set up a
machinery to enforce law and order in Bengal during his tenure as
Governor-General. According to the old practice revenue collectors of
districts were empowered to preside over civil and revenue courts. They
were allowed to exercise magisterial functions including administration
of criminal justice. Under the influence of Cornwallis Code the collectors
were relieved of judicial duties and the civil courts were, placed under
District Judge. City courts and District Courts were established each
presided over by an English Judge to deal with civil and revenue matters.
Comments :
In the initial period that is from 1818 to 1828 the attention of the
rulers was more on the maintenance of peace and order in the large
Presidency of Bombay. Besides Maharashtra it covered parts of Gujarat
and Karnatak. The systems and practices that were followed in the Botany
island and the port of Surat, the two big centers of trade and commerce
of the Company were kept as models especially for urban areas like
Pune. In the rural areas they were more concerned with litigations and
problems concerning revenue collections. The troops of the Company
were kept in readiness to meet any contingency. The new laws, law
courts and the general administration were all geared up to maintain
peace and order.
TRANSPORT AND COMMUNICATION :
Introduction of New Techniques in Transport
The wind of change began to blow over the Maratha country when
the new rulers began to introduce new techniques and sophisticated
means of transport and communication.  England had reveled in the
new confidence when Industrial Revolution began in England in the
middle of the 18th century.  England had emerged victorious from the
Napoleonic wars in Europe and had become the undisputed “mistress
of the seas”.  England began to stabilize her position after defeating
Napoleon and a treaty with her old colonies in America that is the U.S.A.
The Steamship, railways and postal services made great strides in the
home country along with expansion of industrial products.  The new rulers
therefore started sharing some of the benefits of their inventions,
discoveries and new techniques with their subjects in Maharashtra,
always keeping in view the prospects of commercial profits and
consolidation of their political power.
 Shipping:
English and American inventors and engineers had successfully
harnessed steam power to propel ships and carriages. Steam-boats
and locomotives had become a reality in Europe and America by the
end of the first quarter of the 19th century. Navigation was in a primitive
stage in India. However the ship “Trimali’ built by Wadia brothers In
Bombay in 1817 had clearly demonstrated what the Indians could
accomplish even with the old techniques. Incidentally this is the only ship
preserved by the British Government in the naval dockyards at
Portsmouth (England) as the artifact of the 19th century craftsmanship.
It used to take a months time for a vessel or a ship with sails from
London to Bombay. In 1828 the first steam-ship arrived in Bombay Port.
Earl of Clare, Governor of Bombay was the first governor to arrive in
Bombay by a steam-ship in 1831. It became convenient for the British
rulers to establish speedy contacts with Eden and other middle-eastern
ports because of steam-ships. Bombay acquired a pre-eminent position
not only in the Western Coast but also became a great centre of trade
and commerce after the introduction of steam-ships.
 Road Transport :
 A network of road transport and maintenance of roads in good
repair was absolutely necessary for movement of troops, military goods
and wheeled carriages. The Deccan plateau posed many difficulties in
linking the cities and important towns with Bombay, the headquarters of
Page 5


INTRODUCTION :
After the fall of Marathas, the East India co. gained a lot of territory.
They became powerful and gradually became active in administrative
affairs of the Maharashtra (i.e. in Bombay Presidency).  They introduced
several changes from time to time. Several Governors were also
responsible for tackling these issues. Lord Cornwallis the first Governor
General laid the foundation of law and administration in India in (1786-
93). The new influence of modern ideas and the spirit of liberalism made
them work out plans for better administration of justice and also provide
better means of the transport and communication.  The non-government
Western Christian Missionary of America and Scotland worked for the
social welfare of down trodden and  unprivileged people.
LAW AND ADMINISTRATION :
The British law system in England :
The Englishmen had unwritten constitution but the decisions of the
courts and the Common Law had given them a highly developed legal
system.  There was well organized machinery for enforcement of laws
and a body of professional lawyers to help the courts to interpret the
laws.  There were settled legal procedures and the people know where
to file their cases in the first instance and where to appeal.
The system of laws and the legal procedures followed in
Maharashtra as in other parts of India were rudimentary.
  The Hindu law system prevailing in Maharashtra
The Hindu Law books based on Manu-smriti provided for unequal
justice but the Panchayat system had drawn the attention of Mountstuart
Elphinstone. The inequality of justice in the Hindu Community was based
on caste-considerations but the prevalent laws in England were equally
bad and as sever as the criminal law of the Muslim rulers.  Sir Spenser
Walpol has criticized the whole system.  He points out that members of
Parliament could make any offence a capital felony.  A men stealing
forty shillings could be awarded death penalty.
 Code Elphinstone
Mountstuart Elphinstone when he was a commissioner for Deccan
had come across many difficulties in the administration of the revenue
system and administration. When he became the Governor in 1819 he
wanted to establish “Rule of Law”, the proud legacy of Englishman, in
the foreign land under his charge that is Maharashtra. He wanted to
check the power of money and high birth. He appointed a senior officer
Mr. Borradiale to prepare a catalogue of decisions given by the (learned
men) in Hindu Law in cases referred to them by the courts and the
statements of the witnesses regarding the customs as well as the caste
records in the books. Mr. Borradiale was to be advised by the ‘Sadar
Adalat’(Court of Appeal in civil and criminal cases as organized by Lord
Cornwallis) in the compilation of the records.
Elphinstone directed the, committee set up for this purpose with
Mr. Steele as its secretary to scrutinize not the question of the doctrine
contained, in a particular law-book but to ascertain and concentrate
attention on the degree of esteem in which it was held by the common
people. He wanted a concise digest of these matters.
The Committee in association with the Sadar Adalat compiled as
Code of Regulations in 1827. It came to be known as Code Elphinstone
and became the Law. It was published on January 1, 1827 and contained
26 Regulations as follows.
Preliminary = 1; Civil Justice Regulations = 9
Criminal Justice Regulations = 5; Revenue Board
Regulations = 6; Military Regulations = 1;
Miscellaneous Regulations = 1; T otal 26.
This code remained, in operation from 1827 to 1835 and thereafter
it was modified to suit the changing circumstances.
 Administration of Law and Justice
As already referred to above Lord Cornwallis had, set up a
machinery to enforce law and order in Bengal during his tenure as
Governor-General. According to the old practice revenue collectors of
districts were empowered to preside over civil and revenue courts. They
were allowed to exercise magisterial functions including administration
of criminal justice. Under the influence of Cornwallis Code the collectors
were relieved of judicial duties and the civil courts were, placed under
District Judge. City courts and District Courts were established each
presided over by an English Judge to deal with civil and revenue matters.
Comments :
In the initial period that is from 1818 to 1828 the attention of the
rulers was more on the maintenance of peace and order in the large
Presidency of Bombay. Besides Maharashtra it covered parts of Gujarat
and Karnatak. The systems and practices that were followed in the Botany
island and the port of Surat, the two big centers of trade and commerce
of the Company were kept as models especially for urban areas like
Pune. In the rural areas they were more concerned with litigations and
problems concerning revenue collections. The troops of the Company
were kept in readiness to meet any contingency. The new laws, law
courts and the general administration were all geared up to maintain
peace and order.
TRANSPORT AND COMMUNICATION :
Introduction of New Techniques in Transport
The wind of change began to blow over the Maratha country when
the new rulers began to introduce new techniques and sophisticated
means of transport and communication.  England had reveled in the
new confidence when Industrial Revolution began in England in the
middle of the 18th century.  England had emerged victorious from the
Napoleonic wars in Europe and had become the undisputed “mistress
of the seas”.  England began to stabilize her position after defeating
Napoleon and a treaty with her old colonies in America that is the U.S.A.
The Steamship, railways and postal services made great strides in the
home country along with expansion of industrial products.  The new rulers
therefore started sharing some of the benefits of their inventions,
discoveries and new techniques with their subjects in Maharashtra,
always keeping in view the prospects of commercial profits and
consolidation of their political power.
 Shipping:
English and American inventors and engineers had successfully
harnessed steam power to propel ships and carriages. Steam-boats
and locomotives had become a reality in Europe and America by the
end of the first quarter of the 19th century. Navigation was in a primitive
stage in India. However the ship “Trimali’ built by Wadia brothers In
Bombay in 1817 had clearly demonstrated what the Indians could
accomplish even with the old techniques. Incidentally this is the only ship
preserved by the British Government in the naval dockyards at
Portsmouth (England) as the artifact of the 19th century craftsmanship.
It used to take a months time for a vessel or a ship with sails from
London to Bombay. In 1828 the first steam-ship arrived in Bombay Port.
Earl of Clare, Governor of Bombay was the first governor to arrive in
Bombay by a steam-ship in 1831. It became convenient for the British
rulers to establish speedy contacts with Eden and other middle-eastern
ports because of steam-ships. Bombay acquired a pre-eminent position
not only in the Western Coast but also became a great centre of trade
and commerce after the introduction of steam-ships.
 Road Transport :
 A network of road transport and maintenance of roads in good
repair was absolutely necessary for movement of troops, military goods
and wheeled carriages. The Deccan plateau posed many difficulties in
linking the cities and important towns with Bombay, the headquarters of
the Presidency the Sahyadri mountain stood as a great barrier between
the Konkan and the main land of Maharashtra.
In 1824 the commissioner of the Bombay Deccan called for the
opinion of collector of Ahmednagar regarding the opening of Thal or
Pimpri Ghat for road transport. The Commissioner of Pune was also
interested in the building of a new road from Kalyan to the Thal Ghat and
also showed keen interest in the construction of roads in the vicinity of
Dhulia. More than twenty-passes in the Sahyadri could be used to
connect Konkan with the rest of Maharashtra by construction of roadways.
Important passes in the Ghats are Par, Malsej, Diva, Ramghat, Nana,
ThaI, Bor and Balaghat. The Commissioner of Pune was more interested
in the Thal and Bor Ghats for vehicular traffic.
The repairs and maintenance of the existing roads was also
important. The roads in the rainy season with big pot-holes were of little
use. The mending of roads, metalled roads with the use of tar which had
been in vogue in Europe was a far cry . The Bombay Government however
could do very little to improve the condition. The military insisted on quick
supply of goods for its use and also demanded services of men to carry
headloads and cartloads of their material.
 Railway:
In the home country of the British rulers steam propelled ‘Rocket’
had made a successful run in 1830. In period of the next ten years about
800 mile-long rail-roads were built in England. The railway service
became a reality in England. Most of the European countries followed
England’s example. The business community in Bombay was
enthusiastic for such a revolutionary transport. However the British
Government was not enthusiastic about it. The Government thought in
terms of profit and loss. They also hesitated to make heavy investments
in this adventure. In the 1840 Jagannath (Nana) Shankar Sheth and other
businessmen seriously mobilised public opinion and opened talks with
some British industrialists. They formulated plans and brought pressure
on the Bombay Government to start a Railway Company as speedy
movement of goods and passengers by railway trains would be of
immense help to the people of India and also to the East India
Company’s Government. In 1843 “Great Eastern Railway Company was
established in Bombay. Among the promoters the outstanding
businessmen were Nana Shankar Sheth and Jamshetji Jeejibhoy.
The demand for railway in India took a concrete shape when sir
Erskin Perry the Chief Justice of the Company’s Supreme Court
assumed leadership in presenting a memorandum to the Government
of the E.I.Company on July 13, 1844. This attracted the attention of British