The judicial system was hardly less than the question of Revenue Settlements a matter for profound concern. It was indeed forced on the attention of the Calcutta Government by despatches from home. Since 1765 nearly every conceivable method had been tried. Criminal justice had at first been left to native magistrates administering the Muhammadan law. Then the Musalmán code was tempered by English ideas, and the native judges supervised by Europeans. After this, Europeans were set to administer the Musalmán code. Next, the Musalmán code was superseded by the elaborate Regulations of Lord Cornwallis. As a diversion, the Supreme Court, manned by English judges, innocent of all knowledge of India, had claimed jurisdiction over natives and British subjects alike. As to agency, there had been a similar variety of expedients. Magistrates, Collectors of the Revenue, Circuit Judges—these roughly were the three categories to which power was now given, now denied. At one time it was thought a reform to make the collector a judge or a magistrate: at another it was thought a reform to separate the functions. Much the same may be said of civil justice. To grant facilities of appeal was the ideal one year; to limit them was the policy five years after. It was considered a boon to make litigation cheap, until it was discovered that the people would ruin themselves unless it were made dear.
Under Lord Amherst the Cornwallis Regulations were in force, and English judges were the rule.
