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7
The Court issued its writs extensively throughout
the country, arrested and brought to Calcutta
all persons against whom complaints werelodged,—
zamindars, farmers, and occupiers of land, whatever
their rank or consequence in the country. Revenue
defaulters were set at liberty under Aabdeas
corpus; the criminal administration under the
Nawab was declared to be illegal; the mofussil
Civil Courts were held to have no validity; and the
Supreme Court, itself modelled upon the Courts of
England, introduced the whole system of English
law and procedure. The Court exercised large
powers independently of the Government, often so
as to obstruct it; and had a complete contral over
legislation, Such a system could not endure under
any circumstances.
Although the Courts are independent of
Government in England, both are absolutely
subordinate to the Legislature, in which, however,
the power of Government predominates.
To make the Legislature subordinate to the Court,
instead of the Court subordinate to the Legislature,
and at the same time to direct it to enforce a
system of law utterly inapplicable to India,
independently of, or in opposition to, the Government,
which was at the same time weaksned
by divisions purposely created, appears to be
most destructive and pernicious policy that wit
could devise. Although the judicial service should
be independent of the executive, yet it must be