Had these experimental provisions in favour of natives of India, and
barristers from England, been found to succeed, their eligibility to
every grade in the judicial branch of the service might have been
proclaimed, and the most plausible of all the complaints against our
system of Indian government would thus have been removed. But
improvement without change was not to the taste of those by whom the
last of our three administrative periods was ushered in; and in further
confirmation of Mr Marshman’s remark, already cited, on the parallelism
of movement in England and in India, it was in the changeful years 1830
and 1831 that a revolution was effected in our system of internal
administration, which has since given a colour and a bent to our whole
policy in the East. In the course of those two years the magisterial
power was detached from the office of the judge, and annexed to that of
the collector; the Provincial Courts were abolished, their judicial
duties being transferred to the district judges, and their ministerial
functions of superintendence and control to commissioners, each with the
police and revenue of about half a dozen districts under his charge.
Two Sudder, or courts of ultimate resort, were established, one at
Calcutta, the other at Allahabad in upper India; but all real executive
power centred in the magisterial revenue department, presided over by
two Boards, located, like the Sudder Courts, at Calcutta and Allahabad.
One of the new provisions then introduced abolished the office of
Register, or subordinate Judge, held by young civilians conjointly with
that of Assistant to the Magistrate. This was a most serious change, for
it abolished the very situation in which young civilians received their
judicial training, and fitted themselves for the better eventual
discharge of the higher duties of the judicature.
Public-domain text, read in full here on John Shaqi.
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