Colonial Laboratory of India: The Emergence of the Judicial System in Bengal under British Rule and Its Continuing Legacy

ABSTRACT

This Paper traces the evolution of Judicial System in erstwhile Bengal Presidency under the Colonial Rule and its impact on development of Indian Legal System. Complete understanding of legal system is not possible without gaining knowledge on the situation, reforms and role of Bengal under the Colonial Regime. Therefore, there is a need to address this void in larger understanding of Indian Legal System. The East India Company was granted Diwani by the ruling Nawab of Bengal. While they were initially reluctant to make major changes in administration and judicial system of Bengal, the serious defects and incompetencies of the system made such reforms inevitable. This Paper highlights the process of such reforms, starting under the Governorship of Warren Hastings and its broader impact on state of law and order in India. The objective of this paper is to understand and evaluate the process made in Legal System of Bengal under the Colonial Rule and to appreciate its significant contributions in Legal Structure of Independent India. This Paper employs the method of Doctrinal Research to achieve its stated objectives. The Legacy left by British Rule in Bengal Presidency is an integral part of their overall legacy and contribution to Indian Laws and Legal Institutions. Hence, it becomes necessary to critically estimate their working in Bengal in order to trace the evolution of several modern day laws and legal institutions.