10th Part
Q Analyse the importance of the utilitarian ideas in bringing about change in India. 12
Q Discuss the role of the utilitarian ideas on the British attitude towards India. 12
Q Utilitarianism 6
Q How were the Utilitarian ideas on India different from the Orientalist ones? 12
A Utilitarians were largely responsible for the kind of administration and judicial system that came into being in India. The utilitarians reflected on how to govern and control India and their ideas gradually gained acceptance in Britain perhaps because they represented and combined the interest of the British merchants. manufacturers and missionaries. The utilitarian ideas were -
# Indian society was seen by them as completely devoid of the values of rationalism and individualism, which were considered essential principles for building a modern society.
# A traditional and decadent society like India could be improved through proper legislation, which would impart "human justice" as against "divine justice" practiced in traditional societies. This meant that "British administration with its principles of justice and uniformity could convert India into a progressive and dynamic society.
# James Mill, therefore, dismissed the idea of giving any power and responsibility to Indians. Utilitarians prescribed a modern machine of government, run by the British.
Thus, the utilitarian thinking was an advocacy of a 'Rule of Law'. Laws were to be scientifically defined & embodied in a written form in codes. They were to be implemented through the creation of a body of local courts to make the law accessible to every man. Only this could create an individualist competitive society. The Rule of Law meant that the administration was now to be carried out strictly according to certain laws that defined the rights, privileges, and obligations of the people, and not according to the personal desires of the rulers. It also meant that in theory at least, nobody was above law. Even the official. and those who supervised law, were in theory, accountable to the same set of laws and could be brought before a court of law for violating any law. The law once formulated, could place
restrictions on the actions of the rulers. However, the laws formulated and interpreted were such that they contained enough space for the oppression of the people.
Equality before the law meant that in theory all the citizens irrespective of their caste, status, etc. were now placed at an equal footing in the eyes of the law. The concept of equality before law did not, of course, include Europeans into its fold. Separate courts and laws were set up for them. In criminal cases, they could be tried only by the European Judges. In reality, total equality before the law could not possibly be implemented. But it did bring about national equality among Indians.
Q Explain the administrative and judicial systems developed by the British in India in the19th century. 20
Q What was the nature of the new administrative system introduced by the British in India? 20
Q The Administrative system developed by the British 6
Q What was the nature of the judicial and administrative system that was established by the British in India? 12
Q What were the changes and innovations introduced by the British in Indian administration? 20
Q Write in brief on changes introduced by the British in Indian administrative system 12
Q Discuss the nature of the Civil Service established by the British in India. 12
A Judicial system -
The British laid the foundation of a new judicial structure in India that grew and evolved over a period of time. Many changes were made in it and it was subsequently applied to other parts of India. One important feature of the judicial system was it displayed tolerance towards the existing traditional and religious laws. The criminal courts did not completely abolish the Muslim criminal law but applied it in a modified form, so as to make it less harsh. Similarly, the civil courts also did not do away with the customary laws which had been followed by the local people.
Another feature of the new judicial system was the enactment of laws and codification of old laws. The British created a new system of laws. They introduced regulations, codified the existing laws and the laws were now open to judicial interpretations and subsequent
amendment. In 1833, a Law Commission was appointed which prepared the Indian Penal Code, Civil laws and Criminal laws that were applicable throughout the country. There were different types of laws in India before 1833. There were the English Acts, Presidency Regulations, Hindu Law, Muslim Law, Customary Law etc. By this Act, the Governor-General was empowered to appoint the Law Commission to study, collect and codify laws in India. The two main theoretical principles of the judicial system were the notions of the Rule of Law and Equality before law.
The Rule of Law meant that the administration was now to be carried out strictly according to certain laws. It defined the rights, privileges, and obligations of the people that were not according to the personal desires of the rulers. It also meant that in theory at least, that everyone was equal before the law and nobody was above law. Even the officials and those who supervised law were accountable to the same set of laws and were liable to be punished if found violating any law. The laws once formulated, could place restrictions on the actions of the rulers. However, the laws formulated and interpreted in such a way that they contained enough space for the oppression of the people.
Equality before the law meant that in theory, all the citizens irrespective of their caste, religion, status, etc. were equal in the eyes of the law. The concept of equality before the law did not apply to Europeans. There were separate courts and laws set up for them. In criminal cases, they could be tried only by the European Judges. In reality, total equality before law was not implemented. But it did bring about national equality among Indians.
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. The three main
pillars of the British administration in India were:-
# the civil service
# the Army, and
# the Police
Civil Service - Assignment
The Amy and the Police -
The bulk of the Company's army consisted of Indian soldiers. In 1857 the Indians constituted about 86% of the total strength of the Company's army. The army played a crucial role in the expansion of British domination over the Indian rulers. However, after the conquest over India was over and after the elimination of rival foreign powers, the main task of the army was to keep India under subjection. A secondary task was to fight England's wars with the Russian, or the French or with Indian neighboring countries.
The third Pillar of the British administration was ‘Police’ which was created by Cornwallis. Till then, the function of the Police was performed-by Zamindar through their armed retainers. They were now stripped off their power, their armed retainers were disbanded and in its place, a police force was set up. This force was entirely at the command of the government of the East India Company. This force was grouped into Thanas, headed by a Daroga who was an Indian. These thanas were initially under the general supervision of the District Judge but later the post of District Superintendent of Police was created to head the police organization in the district. Finally, the police force was handed over to the civil service and the collector in the district also controlled the police. The main task of the police was to handle crime, maintain law and order and also to prevent conspiracy against the British rule. Later, in the 20th century, the police were employed in a big way to suppress the growing national movement.
Civil Services - The main job of the civil service was to apply the law and the collection of revenue. The term 'civil services' was used, for the first time by the East India Company mainly to demarcate its civilian employees from their military counterparts. The service was initially the only commercial in nature but was later transformed into public service. Initially, the method of recruitment in the Civil Services was through the system of patronage in the hands of the court of Directors who were free to nominate their sons and nephews for the services. The idea of 'competition' for recruitment (as against nomination practiced earlier) was introduced for the first time by the Charter Act of 1833. But it was to be a very limited competition and could be termed as nomination-cum-competition for recruitment. But gradually the demand for open Public competition started gaining ground. The Charter Act of 1853 ultimately took away the power of the court of Directors to make nominations and thus it was thrown open to competition.
The Chief Officer in the district was the collector who was initially responsible for the collection of revenue. He had the authority to decide all disputes related to the boundary and the rent. He 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 him. This gave him total authority in the district. Given the large size of some of the districts, a post of Deputy Collector, placed between the Collector and the Tehsildar in the hierarchy was also created after 1831. This was soon converted into an uncovenanted post which meant that experienced Indians could be employed as Deputy Collectors.
The Indian Civil Services in years to come developed into one of the most efficient and powerful civil services in the world. Its members played a very crucial role in the framing of the British Policies in India and also in maintaining and running the mighty British empire in India. The result was a network of laws applicable throughout the country and a vast administrative structure to implement the laws.
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