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This chapter shows how the judicial reforms of Governor Warren Hastings in 1772 attempted to recentre sovereign authority in the British settlement of Calcutta byco-opting and recasting late Mughal venues and practices of petitioning and dispute resolution. It explores how Hastings attempted to found the Company's legal system, not just on 'religious' forms of Muslim and Hindu law, but on Mughal practices of revenue administration. Even after 1772, the chief revenue office in Calcutta (khalisa sharifa or ‘khalsa’) – retained an important role as a site for investigating disputes over land and revenues, and for discovering a new form of ‘civil law’ based on the Company’s interpretations of late Mughal precedents.
This chapter explores how inheritance disputes involving landholders (zamindars) in early colonial Bengal became a site for the production of a Persianate form of Hindu law. By tracing in detail the process of judicial investigation in two complex cases of of zamindari inheritance involving elite Hindu zamindars, the chapter shows how British officials drew on the expert knowledge of khalsa revenue officials (especially qanungos) and of brahman pandits (experts on dharmashastra), and how the Company government tried to justify its judicial decrees on the basis of a reconstituted form of Mughal law. The records of judicial inquiries into zamindari tenures reveal the Persianate context for the Company’s early administration of Hindu law, as nawabi practices for hearing and deciding disputes among tax-paying zamindars were reformulated under the Company state.
This chapter explores the late Mughal context for colonial-state-formation, focusing on Persianate practices of claimsmaking and dispute resolution in nawabi Bengal. It examines Persian accounts of Mughal and nawabi governance circulating in the orbit of the East India Company government in late eighteenth century Bengal, as well as British views of Mughal institutions, highlighting the role of late Mughal tax officials administering justice to petitioning subjects in disputes about land and taxation. It shows how the central revenue office of the Bengal nawabs, the khalisa sharifa, became a key site for the Company's colonization and transformation of Mughal, Persianate practices of legal ordering.
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