Author:

Prasenjit Sinha

PhD Research Scholar
Department of History
University of North Bengal
Darjeeling,West Bengal,India

Email: sinhaprasenjit24@gmail.com

Abstract: This article comprehensively examines the evolution of the judicial system in British India from the establishment of the Mayor’s Court in 1726 through the East India Company’s administration and the 1765 Diwani grant, culminating in the Indian High Courts Act of 1861. It analyses the interplay between indigenous legal customs and British institutional frameworks, highlighting structural transformations introduced during the tenures of successive Governor-Generals like Warren Hastings and Lord Cornwallis. Special focus is directed toward the crucial role of the Indian Law Commissions in unifying a fragmented legal landscape through systematic codification. While the system introduced formal procedural predictability, institutional strengths, and unified appellate designs, it suffered from severe systemic flaws, including racial bias, high litigation costs, and cultural alienation. Ultimately, the 1861 Act dissolved the dualities of Company and Crown jurisdictions, establishing an enduring judicial bedrock that continues to shape modern South Asian jurisprudence.

Key Words: Bengal Judicial System, Court, Justice, Law Commissions, Legal History etc.