1

DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATNAM, A. P., INDIA.

PROJECT TITLE:
ADMINISTRATION OF JUSTICE FROM 15OOBC TO 1857AD

SUBJECT:
HISTORY

NAME OF THE FACULTY:

DR.VISWACHANDRANATH. M

NAME OF THE STUDENT:

ANIKETH REDDY D

ROLL NO:
2016-028

SEMESTER – I
SECTION – A
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ACKNOWLEDGMENT:

I am highly indebted to my Hon’ble History Professor, Dr.Viswachandranath Madasu, for

giving me a wonderful opportunity to work on the topic: “ADMINISTRATION OF
JUSTICE FROM 1500Bc to 1857AD”, and it is because of his excellent knowledge,
experience and guidance, this project is made with great interest and effort . I would also
like to thank my seniors who have guided my novice knowledge of doing research on
such significant topic. I would also take this as an opportunity to thank my parents for
their support at all times. I have no words to express my gratitude to each and every
person who have guided and suggested me while conducting my research work.

PROJECT SYNOPSIS:

Lord Acton – “History to be above evasion or dispute must stand on documents, not opinions”.

Type of review: In the present context the method followed is secondary review is all sorts of
information have been collected from secondary sources.
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Literature Review: The Primary Literature that has been reviewed while going through this
research topic is Books and Web sources. It also includes literature from the book
“Administration of Justice in Ancient India” by Birendra Nath.

Scope of the project: The scope of this paper is limited to an analysis of Administration of
Justice from 1500 B.C. to 1857 A.D. The theme of the project deals with the evolutionary
process of law from ancient India to Colonial India. The transition of the Social norms,
customs and traditions into law will also be one of the important aspect in the project.

Research Methodology: The method of doctrinal research has been followed.

Hypothesis: The machinery of the justice delivery system considered the importance of social
norms, customs and traditions of the land while codifying the law of the land.

PROJECT ABSTRACT:

An abstract provides a concrete view of a research. The concrete view, thus

formed is very important to enhance the impression of the project. As the topic for research is
‘Administration of Justice from 1500bBC to 1857AD ’, the purpose of this project is to draw a
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sketch about the administration of justice at various periods of ancient history for better
understanding of the system. The researcher is glad to get such a topic as the importance and
scope of the topic is immensely high. The researcher has put efforts in filtering the data
collected.

The present judicial system of India was not a sudden construction. It has been evolved as the
result of a steady process and bears the imprint of the different period of Indian history.
Administration of justice is one of the essential functions of the state. History of our judicial
system takes us to the hoary past when Manu and Brihaspati gave us Dharma Shastras,
Narada the Smritis, and Kautilya the Arthshastra. In the early Vedic times, we do not find any
reference as regards the establishment of judicial procedure. However, the Rigveda gives, for the
first time some clue as civil law and it is on this basis that Roth and Zimmer accept the existence
of mediator and judge in the early society. Generally justice was administered by the King’s
judges. A clear reference to judicial procedure is available from the time of Brahmans.

In this paper, I would seek to look at the evolution of the Law from the foundations of Civil and
Criminal jurisprudence, both in theory and practice, with a special focus on Justice delivery
system in Vedic Period, Gupta Dynasty, Mauryan Dynasty and the British Raj Period. The paper
also emphasizes on the works of various scholars during the period of Gupta Empire and
Mauryan Empire, particularly on Kautilya’s Arthasasthra. In the Regime of East India Company
and subsequently in the British Raj. the integration of Common law with the law of the land took
place. Most importantly after introduction of Judicial Systems in the three Presidency towns in
Mid-17th Century. The system of Administration of justice and laws we have today is the product
of well thought our efforts on the part of the then British Government.

The researcher has made all the possible efforts to bring out the project in an eloquent way so as
to appreciate some of the important features to the topic chosen. The project made by the
researcher can be regarded as a capsule for any academician who is interested to know about the
administration of justice in ancient India. This research can also be a guide for the enthusiasts
who wish to understand the Judiciary process held in the history of India.
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CONTENTS:

1. ESTABLISHMENT OF THE DELHI SULTANATE………………………….6

2. DYNASTIES OF THE DELHI SULTANATE…………………………………8

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3. ADMINISTRATIVE SYSTEM OF THE DELHI SULTANATE……………..11

4. CENTRAL LEVEL ADMINISTRATION……………………………………..13

5. PROVINCIAL ADMINISTRATION…………………………………………..17

6. LOCAL ADMINISTRATION…………………………………………………..19

7. MILITARY ADMINISTRATION……………………………………………...21

8. JUDICIAL ADMINISTRATION……………………………………………….23

9. FISCIAL ADMINISTRATION…………………………………………………25

10. POLICIES TOWARDS HINDUS………………………………………………26

11. CONCLUSION………………………………………………………………….27

1. INTRODUCTION:-

The administration of justice is a process by which the legal system of a

government is executed. The presumed goal of such administration is to provide justice for all
those people who are accessing the legal system.

Administration of Justice in India has taken a lot of changes since the inception
of law i.e, in 1000BC when “Manu” gave his first law “Purushasukta”. In India the
Administration of Justice can be broadly divided into four stages. They are:-
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 Ancient Period
 Islamic Era (Muslim Period)
 British Period
 Post Independence period

As the topic has to deal with the Administration of Justice only till 1857AD, the
post independence period is not discussed in the project1.

ANCIENT PERIOD:

Administration of justice was not a part of the state’s duties in early times. We do
not find references to any judicial organizations in Vedic literature. As there was kings rule,
administration of justice was done by himself with the advice of nobles. In ancient India,
King/Rajan was regarded as the fountain of justice has to act as the lord of Dharma and was
entrusted with the supreme authority of the administration of justice and his foremost duty was to
protect the rights of his subject. The King's Court was the highest court, after which comes the
court of the Chief Justice (Pradvivaka). The King's Court was the highest court of appeal as well
as an original court in cases of crucial importance to the state. In the King's Court the King was
advised by learned people like Learned Brahmins, the ministers, the Chief Justice etc2.

MUSLIM PERIOD:

Indian Judicial Administrative System in Muslim period brought about a change

in the indigenous system of judicial administration. The Muslim rule in India was established and
ruled by the Delhi Sultanate. The Sultanate was essentially a theocracy in which the Sultan was
endowed with both the powers i.e. religious and temporal. He is the supreme executive,
legislative and judicial authority. Besides he was also the chief commander of the army and
appointed the military generals as well as the high officers of the civil departments. He was a
despot, exercising all kinds of powers. Their avowed object was to rule the country as per the
tenets of the Holy Quran and to propagate Islam and also provide justice through it.

BRITISH PERIOD:

1 Outline of Indian History Chesney, George Tomkyns

2 American Indian Journal, Vol. 3, Issue 7 (July 1977), pp. 2-4Institute for the Development of Indian Law 3 Am.
Indian J. 2 (1977)
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The common law system is a system of law based on recorded judicial

precedents, came to India with the British East India Company. The company was granted
charter by King George I in the year 1726 to establish “Mayor’s Courts” in Madras, Bombay and
Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the company
expanded substantially after its victory in Battle of Plassey and by the year1772 company’s
courts expanded out from the three major cities. In the process, the company slowly replaced the
existing Mughal legal system and its style of judicial administration in those parts.

After the First War of Independence in 1857, the control of company territories
in India passed to the British Crown. Being part of the empire they have seen the next big shift in
the Indian legal system. Supreme courts were established replacing the existing mayoral courts.
These courts were converted to the first High Courts through letters of patents authorized by the
Indian High Courts Act passed by the British parliament in 1862. Superintendence of lower
courts and enrolment of law practitioners were deputed to the respective high courts.

IMPORTANCE OF ADMINISTRATION OF JUSTICE:

The term Administration of Justice means that, the procedures and format of
executing the laws, justice, punishments, legal activities, and also creation of new laws. Every
country in the world needs a strong administration of justice, as a country without good judiciary
will never satisfy its citizens which at last end up in obstructing the development of a country

2. ADMINISTRATION OF JUSTICE IN ANCIENT PERIOD:

Administration of justice was not a part of the state’s duties in early times. We do
not find references to any judicial organisations in Vedic literature. The aggrieved party in order
to get its wrong redressed used to sit before the accused house and not allow him to move till his
(aggrieved party) claims was satisfied or wrong righted. Later justice was administered by the
tribe and clan assemblies and the judicial procedure was very simple. But with the extension of
the functions of the state and the growth of the royal powers, the king came gradually to be
regarded as the origin of justice and a more or less elaborate system of judicial administration
came into existence3. The Dharma Shastras, Niti Shastras and the Arthashastra provide us

3 Indian History - Legend and Reality Williams, Henry Smith

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information about the well-developed judiciary. According to these literatures the king is the
fountain head of all justice and he was required to spend every day about a couple of hours in
adjudication. The paramount duty of the king is the protection of his subjects which involves the
punishment of the wrongdoer. The law to be administered is the Dharma Shastras subject to local
and other usages which are not inconsistent with the shastras4.

TYPES OF COURTS:

Brihaspati speaks of four types of courts,

 Movable courts
 Stationary courts
 Courts deriving authority from the king and
 Courts presided by the king himself.

He mentions three kinds of itinerant courts, one for the benefit of forest
dwellers, one for the benefit of caravan serai merchants and one for the benefit of military men.
According to Bhrighu there were fifteen kinds of courts. Some of the prominent courts where
justice was delivered were-

THE KINGS COURT:

At the head of the judicial system stood the kings court at the capital and
presided by the king himself. But more often a learned Brahmana was appointed for the purpose
and he was known as Adhyaksha or Sabhapathi. Earlier the Adhyaksha was selected for each
particular occasion and in course of time became a permanent officer of state and held the
position of the Chief Justice (Pradvivaka). Apart from the king, this court consisted of the
Pradvivaka and three or four jurors.

COURT PRESIDED BY CHIEF JUSTICE:

The court presided by the chief justice appointed by the king called Pradvivaka
was the second type of court.

4 American Indian Journal, Vol. 4, Issue 12 (December 1978), pp. 18-20 Institute for the Development of Indian Law
4 Am. Indian J. 18 (1978)
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PRINCIPLE COURTS:

Another court of importance were the principal courts in large town where
royal officers assisted by learned person administered justice. They were presided by
Adhyakshas appointed by the central government.

POPULAR COURTS:

One special feature of ancient Indian judicial system is the existence of

popular courts. Yajnavalkya for the first time refers to three types of popular courts.

KULA:

The Kula has been defined by the Mitakshara as consisting of a group of

relations, near or distant. The Kula or joint families were often very extensive in ancient India. If
there was a quarrel between two members the elders used to attempt to settle it. The Kula court
was this informal body of family elders.

SRENI:

When the effort at family arbitration failed, the matter was taken to Sreni
court. The term Sreni was used to denote the courts of guilds which became a prominent feature
of the commercial life in ancient India from 500 B.C. Sreni had their own executive committees
of four or five members and it is likely that they might have functioned as the Sreni court also for
settling the disputes among their members. This was an assembly of persons following a
particular profession like betel sellers, weavers, shoe makers and such like.

PUGA:

This was an association of persons drawn from various castes and

following different professions but staying in the same village or town. The Sabha or the village
assembly of the Vedic period and Gramavriddha court of the Arthasastra were the forerunner of
the Puga court.
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Though these courts were essentially non-official and popular, they had
the royal authority behind them. The government refused to entrain any suits except in appeals
against their decision. It also gave effect to their decrees.

In ancient India village panchayats and guild courts were appreciated

and encouraged for several reasons like-

 They reduced the burden of the central administration.

 The members of a village panchayat or a guild had more or less reliable knowledge of the
fact in dispute as the parties belonged to their guild or locality and
 It would be difficult for a witness to tell a lie in the presence of his own people and
thereby lose his respect.
 There was no limit to the jurisdiction of the popular courts in civil matters. They could
not however try criminal cases of a serious nature. The popular courts played a prominent
part in ancient India.

The regular courts met once or twice every day usually in the morning and
evenings and were open to all. Trails were always held in public.

DIFFERENT KINDS OF LAWS:

Justice was administered in accordance with rules which fell under one or
other of the following four heads, namely,

 Sacred law (Dharma)

 Secular law (Vyavahara)
 Custom (Charitra) and
 Royal commands (Rajasasana)

Dharmashastra constituted the sacred law and secular law depended upon
evidence. Custom was decided by the opinion of the people and royal edicts constituted the
administrative law. Of the divisions of laws, Manu and almost all law-givers consider customs as
the essential principle in the administration of justice and say that disputes should be decided
according to the customs of countries and districts; of castes; of guilds and of families.
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TYPES OF LAW SUITS:

The topics which give rise to law suits are grouped by the law-givers under 18
titles, namely,

 Recovery of debt
 Deposit and pledge
 Sale without ownership
 Concerns among partners
 Resumption of gifts
 Non-payment of wages
 Non-performance of agreements
 Revoking of sale and purchase
 Dispute between owners of cattle and herdsmen
 Dispute regarding boundaries
 Assault
 Defamation
 Theft
 Robbery and violence
 Adultery
 Duties of man and wife
 Inheritance and partition and
 Gambling and betting
 The list includes both civil and criminal cases.

JUDICIAL PROCEDURE:

The judicial proceeding in a case consisted of four stages namely,

 The statement of the Arthi/Purvapaksha (plaintiff) who had filed a complaint (Prathigna)
stating precisely his case and claim.
 The Prathyarthi/ Uttarapaksha (defendant) was summoned with a notice and was required
to submit his written statement in reply.
 Then the actual trial would begin wherein the judge would call upon the parties to cite
evidence/proof (Pramana) which were of two kinds namely human (manushik) and divine
(daivik). The human proof consisted of documentary evidence, oral evidence and
possessions. Divine proof was of five kinds, ordeal by balance, by fire, water, poison and
by drinking water. Divine proof was restored to only in the absence of human proof.
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When the evidence was over the judge would in consultation with Sabhyas or
jurors give his decision/judgment (nirnaya). A copy of the judgment was given to the parties. The
unsuccessful party could appeal to the higher courts.

IMPORTANCE OF JURY:

Even the king and the chief justice could not begin the trail of a case
if they are not assisted by a panel of three, five or seven jurors called sabhyas. They were
expected to be impartial and fearless. A juror keeping silence has been condemned. They were to
express their opinion even if it was in opposition to that of the king. They were to restrain a king
going astray or giving a wrong decision. A number of famous jurists maintain that the king or
judge is to be guided by the verdict of the jury and only when the jurors could not come to a
definite decision, the king exercised his privilege to decide the case according to his own view.
These sabhyas were usually Brahmins as they were well versed in Dharmashastras. However
knowledge of sacred law was not necessary when the case (the party to the dispute) concerned
the disputes among the cultivators, merchants and forest dwellers. Dharmashastra writers
themselves recommended that the cases should be tried with the help of the jurors selected from
the castes or the professions of the parties themselves.

Pleaders rarely figure in ancient Indian judicial system. Sukra refers to the
practice of appointing recognized agents in the law courts to defend a case when a party was
himself unable to do so owing to his preoccupation or ignorance of the law. Such agents were
known as Niyogins and they were expected to guard the interests of their parties very carefully.
Their fee varied from six to half percent, according to the value of the property. If they colluded
with the other party they were punished by the state.

PENALTIES AND PUNISHMENTS:

Fines, imprisonment, banishment, mutilation and death sentence were the

punishment in vogue. Fines were most common and punishment often differed with the caste of
the accused. The jail department was under the charge of an official called Sannidhata and the
jailor was called Bandhanagaradhyaksha. Male and female prisoners were kept in separate
wards.
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 ADMINISTRATION OF JUSTICE DURING MAURYAN TIMES:

The Mauryan administration is famous in history for its great judicial

system. The Mauryan legal system was based on idealism but not reformism. The king was the
highest judicial officer. Gram Sabha was the lowest judicial unit. Above it were courts at
sangrahan, dronamukha and janapada levels5.

TYPES OF COURTS:

The Arthashastra mentions two types of courts:

(i) Dharmasthiya: Analogous with modem civil courts, Dharmasthiya decided personal disputes
such as those over stridhana (wife's wealth) and marriage.

(ij) Kantakasodhan: Analogous with modem criminal courts, Kantakasodhan decided upon
matters related to individuals and the state, e.g. wages of workers, murder, etc.

SOURCES OF LEGAL SYSYEM IN MAURYAN ERA:

(i) Dharma (Following accepted principles);

(ii) Vyavahara (Contemporary legal codes);
(iii) Charitra (Customs); and
(iv) Rajasasana (The Royal Decree).

PENALTIES AND PUNISHMENTS:

Severe penalties were imposed on the law-breakers. For ordinary crimes,

monetary fines were imposed. Hence, punishment was largely in the form of fines. A punishment
of mutilation could sometimes be changed to that of payment of a fine. Capital punishment was
known and practised. However, after Asoka converted to Buddhism, he made a concession iD.
capital punishment. Now, those condemned to die were granted a three-day respite. During this
period it was possible to make a final appeal to the judges.

5 Beijing Law Review, Vol. 5, Issue 1 (March 2014), pp. 89-101 Lone, Fozia Nazir 5 Beijing L. Rev. 89 (2014)
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According to Arthashastra, penalties in the Mauryan period were based on

varna hierarchies. It means that for the same kind of offence a Brahman was punished much less
severely than a Shudra.

 ADMINISTRATION OF JUSTICE DURING GUPTA TIMES:

The Gupta Empire was an ancient Indian empire, founded by Sri Gupta,
which existed at its zenith from approximately 320 to 550 CE and covered much of the Indian
subcontinent. The peace and prosperity created under the leadership of the Guptas enabled the
pursuit of scientific and artistic endeavours. They were also known for their different kind of
Judicial Administration ever seen in the history, as their administration was highly de-centralised.
This period is called the Golden Age of India and was marked by extensive inventions and
discoveries in science, technology, and also the style of administering the law. Chandragupta I,
Samudragupta, and Chandragupta II were the most notable rulers of the Gupta dynasty.

ROLE OF KING IN ADMINISTRATION OF JUSTICE:

The king was considered as an incarnation of Vishnu. He was the chief head of all
administrative machinery including judiciary. His main task was to defend the country against
foreign invasions. He administered justice, led troops and had the largest share in the formulation
of state policy. He was assisted by a council of Ministers that ranged from,

(a) Mantrin (the confidential adviser),

(b) Sandhivigrahika (Minister incharge of war and peace),

(c) Akshapatala-dhikrita (Minister in charge of records),

(d) Mahaba-ladhikrita and

(e) Mahadandanayak.

There was a special class of officials known as Kumaramatyas.

DISTRICT LEVEL ADMINISTRATION:

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Justice was administered by the king and his officials. In the district
headquarter, the Judges were helped by Seths and Kayasthas and other representatives.

VILLAGE LEVEL ADMINISTRATION:

The village council was responsible for the judicial administration in the
villages. The principal source of king's revenue was one-sixth of the land produce. Taxes were
often collected in kind. Forced labour was also practiced. Extra taxes were also levied for special
purposes.

JUSTICE GIVEN BY GUILD OFFICERS:

As said in the beginning, the judicial administration of the Gupta’s was quite
a bit different from the other empires. It is because of the importance of GUILD OFFICERS in
the kingdom. The guild officers are the one, who head the people of same profession like guild
officer for carpenters, for farmers, for potter’s, for fishermen, for traders, etc.

As discussed that the Gupta’s have a de-centralized administration, the

problems between the people of a same profession are solved by the Guild Officers themselves.
They preside over the problem like a judge, refer the witnesses and give the justice as soon as
possible. This means that, a few number of disputes in the society are solved within the lower
level, without even bringing to the notice of the higher officials in the district or provincial level.

This kind of justice given by unexperienced person having less knowledge of

law created a huge amount of chaos and also created distance between the lower level and high
level administration which made the administration of justice very weak and eventually led to
the fall of the dynasty.

 ADMINISTRATION OF JUSTIC IN HARSHA TIMES:

The Chief Judge during Harsha’s time was known as Mahapramatara and
the Record Keeper is styled as the Mahaksapataladhikaranadhikrita. Judicial officers were called
Nyayakarnika. Compared to the Gupta period, the criminal code during Harsha’s time was very
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severe. For violation of the statute, law and conspiracy against the king, the offender was
imprisoned for life and was socially ostracized. For breach of social mobility and filial duty, the
penalty was mutilation of limbs or exile. For minor ordinary offences the penalty was payment of
money. In spite of this severity in the administration of justice, highways were infested with
robber gangs and the Chinese traveller Hiuen-Tsang himself fell a victim to them.

 ADMINISTRATION OF JUSTICE IN SOUTH INDIA:

STRENGTH OF KINGS COURT:-

In the regions ruled by the Chalukyas of Badami and Pallavas of

Kanchi, the king was the fountainhead of justice and the final court of appeal. In villages and
rural tracts the village courts decided the disputes. During the Rashtrakuta rule the king’s court
did not entertain any cases at the first instance and only when the parties felt dissatisfied with the
decision of the village courts, they could appeal to the king or his courts. There was a Chief
Judge who was the final appellate authority for cases coming from the lower courts, except when
the king decided them himself. The records of the Kalyani Chalukyas mention the office of
Dharmadhikari or chief justice. During the times of the Cholas we have references to
dharmasana in several inscriptions, probably signifying the king’s court of justice. Learned
Brahmins known as dharmasana-bhattas assisted the court.

VILLAGE LEVEL ADMINISTRATION:-

The village assemblies exercised large powers in matters of local interest which they settled with
the help of small committees called Nyayattar or Nyayavattar. All offences- civil or criminal
were tried in the first instance in village courts and in cases of disaffection the matter was taken
to the officer of the king’s government-in-charge of the administration of the nadu.

PENALTIES AND PUNISHMENTS:-

The Chinese writer, Chou-Ju-Kua mentions about flogging or giving blows to the culprit with a
stick after tying him to a wooden frame for minor offence. It is said that punishments during the
Chola period was not all severe. Even for murder, the punishment meted out to the criminal was
 18

the payment of a fine to the temple. During the time of Rajendra II the assassin of a state official
was asked to give 96 sheep towards the maintenance of a perpetual lamp in the temple. Hence it
was remarked that the Chola administration of justice could not be charged with severity or
vindictiveness, it may rather be regarded as swayed by over mercifulness.

3. ADMINISTRATION OF JUSTICE DURING THE PERIOD OF ISLAMIC ERA:

Justice is the chief pillar on which the super structure of the society is built. The
Sultan who was regarded as the fountain head of the justice was responsible for upholding and
maintaining the Empire based on the Quranic laws. The Sultan had absolute powers and was
regarded as the highest judicial authority of the Delhi Sultanate. Sultans like Allauddin Khalji
and Muhammad bin Tughluq were so powerful that nobody even dared to oppose them6.

The court setup in the Sultanate was based on the administrative levels of the society.

CENTRAL LEVEL:

At the capital of the Sultanate, i.e., Delhi, there were six courts;

King’s Court, Diwan-e-Mazalim, Diwan-e-Risalat, Chief Justice’s court, Sadre Jahan’s Court,
Diwan-e-Siyasat.

 The King’s Court was presided over by the Sultan. It was the highest court of appeal
having both appellate and original jurisdiction. The Sultan was facilitated by two learned
men of Islamic laws i.e., Muftis. The Diwan-e-Mazalim was the highest court of criminal
appeal while the Diwan-e-Risalat was the highest court of civil appeal. The Sultan was
the nominal head of these courts.

6 Law & Society Review, Vol. 3, Issue 2 (February 1969), pp. 403-406 Calkins, Philip B. 3 Law & Soc'y Rev. 403 (1968-
1969)
 19

 The Chief Justice Court was presided over by Qazi-ul-Qazat. It was a secular court that
dealt with all kinds of cases. Mufti (an Islam law expert), Pandit (a Hindu law expert),
Mohtasib (the incharge of prosecution) and Dadbak (Administrative Officer) were
facilitated to the court of chief justice.
 The Sadre Jahan’s Court deals with religious matters and ministerial matters.
 The court of Diwan-e-Siyasat was constituted to deal with the cases of rebels and those of
higher treason.

PROVINCIAL LEVEL:

In each provincial level, there were five courts;

Adalat Nazim Subah, Adalat Qazi-e-Subah, Governor’s bench (Nazim-e-Subah), Diwan-e-

Subah, Sadre Subah.

 The governor of the province was presided the Adalat Nazim Subah; he exercised the
original and appellate jurisdiction like the Sultan at the central level.
 The Adalat Qazi-e-Subah was headed by the chief provincial Qazi. The court had
jurisdiction over both civil and criminal cases; it also heard appeals from the district
Qazis. He was selected by the Chief Justice or by Sadre Jahan. Mufti (an Islam law
expert), Pandit (a Hindu law expert), Mohtasib (the incharge of prosecution) and Dadbak
(Administrative Officer) were also a part of this court.
 The court of Diwan-i-Subha was the final authority for the revenue disputes in the
provincial administration.
 The Sadre Subah was responsible for the ecclesiastic offices of the province.

DISTRICT LEVEL:

There were six courts at the district headquarters;

Qazi, Dadbaks or Mir Adls, Faujdars, Sadr, Amils, Kotwals.

 The court of the district Qazi heard civil and criminal cases. It was also a court of appeal
for the judgments of the Parghana Khazis &Village Panchayat. The Qazi was appointed
by the Sadre Jahan or by the recommendation of Qazi-e-Subah. Dadbak was associated
with the administrative issues.
 The Court of Faujdar tried petty criminal cases concerning security and suspected
criminals. The Court of Sadr dealt with cases concerning grant of land and registration of
 20

land. Court of Amils dealt with Land Revenue cases. Kotwals were authorized to decide
petty criminal cases and police cases.

TAHSIL LEVEL:

There were two courts namely;

Qazi-e-Pargana & Kotwal.

 The court of Qazi-e-Pargana was like the district Qazis which dealt with both civil and
criminal cases.
 The court of Kotwal was for the criminal cases.

VILLAGE LEVEL:

A Panchayat of five members headed by Sarpanch dealt with the judicial affairs of village. He
was appointed by the Nazim or Faujdar.

4. ADMINISTRATION OF JUSTICE IN BRITISH RAJ PERIOD:

The British East India Company established a system of courts in each of the
three Presidencies (Bengal, Bombay and Madras). The types of courts and their jurisdiction
varied from Presidency to Presidency, until the Crown replaced the Company's administration
and greater uniformity in the entire judicial structure became possible. From an early date,
Indians held important roles in the Company's judiciary. Uniquely, the British also demonstrated
an early interest and sensitivity to the existence and use of Hindu and Islamic law in the
Company's courts. As the first Law Member, Thomas Macaulay initiated a tradition of the law's
codification for use in India. It is pretty evident that judicial conditions during the prolonged
period of 17th - 18th century in British India was taken up as a solemn effort, paving the way for
future law developments7.

ESTABLISHMENT OF EAST INDIA COMPANY:-

During the year of 1600, Elizabeth I's charter rendered to the British East
India Company empowered it to make laws, constitutions, orders and ordinances as necessary for

7 British India
Dupont, Jerry (Cited 2 times)
 21

the governance of its servants. The Company could impose punishment, but it had to be
reasonable and could not contravene English laws or customs.

ADMINISTRATION THROUGH CHAULTRY COURTS:-

From the year of 1652, with some interruptions, the Chaultry Court
started operation in Madras. Presided over by an Indian official and two Englishmen, its
jurisdiction covered small misdemeanours, breaches of the peace and cases of debt up to fifty
pagodas of value.

GRANT OF FIRST CHARTER:-

On 3rd April 1661, the Charter Act, granted by Charles II (1630-1685),

made provision for the use of English criminal law in India. In 1666, in Madras, an early styled
court consisted of the Governor-in-Council.

REGULAR IMPROVEMENTS IN ADMINISTRATION OF JUSTICE:-

On 30th September 1668, in response to the issuance of a new Charter,

Thomas Papillon (1623-1703), member of the Company's Court of Committees and Mr. Moses,
Solicitor of the East India Company, prepared a draft code of laws. Following their revision and
approval, they took effect in January 1670 in Bombay. They addressed fields like religion,
administration of Justice, types of judicial Institutions and their proceedings, registration of
property sales and aspects of military discipline. These activities proved the seriousness of the
British in taking Indian judicial system as a serious endeavour. Quite ideally therefore supported
by the British the Judicial conditions during the 17th -18th century in British India was
progressing fast towards a substantial aim8.

ADMINISTRATION OF JUSTICE THROUGH JUDICIAL BENCH:-

On 2nd February 1670, Gerald Aungier (d.1677), Governor of Bombay,

initiated a scheme for the first provision of justice in Bombay. He established two precincts of
justice, each with five Englishmen. Appeals from these bodies were sent up to the Deputy-
Governor and Council for hearing. At this appellate level all trials were held with juries.

8 Journal of the Society of Comparative Legislation, Vol. 3, Issue 2 (1901), pp. 312-319 3 J. Soc. Comp. Legis. n.s.
312 (1901)
 22

ESTABLISHMENT OF COURT OF JUDICATURE:-

On 8th August 1672, Aungier established a Court of Judicature for Bombay

and seated George Wilcox (d. 1674) as its first judge. During this time the use of Portuguese laws
and procedures were abolished in favour of English law. The court exercised civil and criminal
jurisdiction and generally supervised the maintenance of law and order. The court's presiding
judge earned a salary of 2000 rupees in lieu of participation in private trade in an effort to
prevent bribery. For cases between English and Portuguese litigants requiring a jury, its
membership consisted of an even division between the two nationalities9.

FREE JUSTICE TO POOR:-

On 16th August, 1672 as Judge of the Bombay Court of Judicature,

Wilcox established a Court of Conscious, where even the poor could receive free justice. It
convened each Saturday. Judicial conditions during the initial times of 17th - 18th century were
given an entirely innovative appearance, far removed from the erstwhile Portuguese rule of law.
British India had already taken a fruitful shape, waiting to unfold its more administrative styles.

ADMINISTRATION OF JUSTICE THROUGH ADMIRALTY COURTS:-

The Charter granted in the year of 1683, authorised the establishment of

Courts of Admiralty in the three Presidency cities. Additionally the Court held the power to apply
martial law throughout India.

ADMINISTRATION OF JUSTICE THROUGH MAYORS COURT:-

With time's swift progress, judicial conditions during 17th - 18th century began to
take on a new shape, in the process resting more power in the hands of native states. In 1687,
Mayor's Courts were established in the three Presidency cities. This court consisted of the Mayor
and twelve Aldermen. Its jurisdiction encompassed both civil and criminal cases.

CEASE OF ADMINISTRATION IN COURT OF JUDICATURE IN MADRAS:-

9 Journal of the Society of Comparative Legislation, Vol. 1, pp. 9-12 1 J. Soc. Comp. Legis. 9 (1896-1897)
 23

On 10th July 1686, the Court of Judicature in Madras ceased operation in

favour of the Court of Admiralty. The latter court could also accept cases on appeal from the
Madras Mayor's Court.

ADMINISTRATION THROUGH ZAMINDARI COURTS:-

In 1694, in Calcutta, the Council possessed a zamindar status.

Accordingly, a Zamindari Court was convened to administer both civil and criminal justice
among the Indians. In 1698 at Sutanati and Govindpur the Company also acquired zamindari
rights.

JURY STYLE OF ADMINISTERING JUSTICE:-

On 31st August 1717, the Governor-in-Council of Bombay announced

the establishment of a new Court of administration. The court seated five Englishmen and four
Indians representing the Hindus, Muslims, Portuguese Christians and the Parsis. The court
possessed wide civil and criminal jurisdiction. Appeal of its decisions could be made to the
Governor-in-Council10.

INCREASE IN CRIMINAL CASES:-

On 24th September 1726, Letters Patent, or Charter Act granted by the

Crown provided for the re-establishment of a Mayor's Courts in Calcutta, Madras and Bombay.
They were composed of the Mayor and nine Aldermen, seven of whom were required to be
British subjects. They possessed jurisdiction in civil cases with appeal to the Governor-in-
Council and then to the Privy Council if the value exceeded 4000 rupees. It practiced English
common and statue law. It was also authorized to hear criminal cases except those for high
treason.

ADMINISTRATION OF JUSTICE THROUGH COURT OF REQUEST:-

On 8th January 1753, replacing the measures of the 1726 Charter Act, the
new Charter Act modified the jurisdiction of the Mayor's Court of the three Presidency cities
(Bengal, Bombay and Madras). The Act specifically indicated that cases between two Indians
could only appear before the Mayor's Court with the consent of both parties. The Act provided
10 India
Courtney, Leonard Henry Courtney
 24

for a Court of Record, consisting of the President and Council to hear appeals from the Mayor's
Court. Also established was a Court of Request for the purpose of recovering small debts.

ADMINISTRATION THROUGH DIWANI COURTS:-

In 1765, in Bengal, the grant of diwani by the Nawab to the British East
India Company pragmatically included the responsibility for convening Diwani Courts
throughout Bengal, Bihar and Orissa. The Company clarified the situation in 1790 by explicitly
taking control of criminal justice for all parts of India under Company control, except Bombay.
As diwani granted to the Company administrative powers, the grant also made it possible for the
Governor-General-in-Council to create a body of law11.

WARREN HASTINGS STYLE OF JUDICIAL ADMINISTRATION:-

On 28th April 1772, as ordered by the Company's Court of Directors,

Warren Hastings (1732-1818), Governor of Bengal, directed the Murshidabad and Patna councils
to initiate revenue and judicial administration. The position of the Collector replaced that of the
Supervisor in the execution of these duties. Under him, judicial conditions of British India,
during 17th -18th century suffered enormously.

On 15th August 1772, Hastings drew up a collection of rules which

tacitly became the first British Indian law code in Bengal, Bihar and Orissa. The code embraced
thirty-seven rules or sections addressing the issues of civil and criminal law. A new system of
courts replaced the defunct legal system left by the Mughals. It provided each district with a
Diwani Adalat for civil cases under the administration of the Collector sitting as judge and a
Faujdari Adalat for criminal cases presided over by the Qazi of the district and two muftis. The
district Diwani Adalats were linked with one of six Provincial Adalats which provided a link
with the Sadar Diwani Adalat in Calcutta. In Calcutta, the Sadar Diwani Adalat heard appeals
from the Diwani Adalat and the Sadar Nizamat Adalat took appeals from the Faujdari Adalat.
The records of all capital cases were sent to the Sadar Nizamat Adalat for review. Cases
regarding inheritance, marriage, caste, and other matters relating to religious practices, either
Hindu or Muslim, continued to be judged by their own laws. Civil complaints of over twelve
years in duration ceased to be actionable in order to eliminate interminable litigation. This
11 Journal of Comparative Legislation and International Law, Vol. 12, Parts 2 and 3 (1930), pp. 167-173 12 J. Comp.
Legis. & Int'l L. 3d ser. 167 (1930)
 25

system survived in the main until 1793. Within the period of 1773-76, a Hindu Commission of
eleven Hindu scholars prepared a code of law in Sanskrit under the title, Vivadarnava Setu12.

Judicial conditions during 17th - 19th century however tried to take an

eventful turn with natives taking up a grip in administrative functions. It was rendered into
Persian and then translated into English by Nathaniel Halhed (1751-1830) as A Code of Gentoo
Laws (1776)13

5. CONCLUSION:-

In so far as possible to arrive at any definite conclusion, the researcher

would like to conclude the project by saying that, the style of administering justice in India from
1500BC to 1857AD has taken a lot of changes which includes positive and negative
consequences. As the history of Administering Justice in India is divided into 4 stages i.e;
Ancient Period (Hindu Era), Muslim Period (Islamic Era), Pre-Independence period and Post-
Independence Period, and as the project topic restricted the researcher to go through 4 th stage. As
there are completely different kind of people in every stage, the way and style of ruling and also
administering the justice took drastic change till it comes to present existing stage.

In the ancient period, as it was completely the Hindu era, the laws were
designed by the Brahmins and administered by the Kshatriyas. Now coming to Muslim Period,
they were completely binding on the laws prescribed in their Islamic book, called Quran. In the
year 1600, when the British entered India, they had no control over the regular and judicial
administration in the country. But, slowly establishing their power in India they took over the
administration and created their own English laws and also succeeded in implementing them.
Most of the 21st century laws in India are the reference taken from the English law and their
precedents.

12 Journal of Comparative Legislation and International Law, Vol. 11, Parts 2 and 3 (1929), pp. 159-167 11 J. Comp.
Legis. & Int'l L. 3d ser. 159 (1929)
13 Journal of Comparative Legislation and International Law, Vol. 6, Parts 2 and 3 (1924), pp. 135-145 6 J. Comp.
Legis. & Int'l L. 3d ser. 135 (1924)
 26

The conclusion of this project is that, though there were many styles of
administering justice, the current law in India is purely based on the Administration of Justice in
British period. It has also taken some of the traditions and customs and also the way of
administering from the Ancient and Muslim Period

Thus, the researchers conclude the project.

6. BIBILOGRAPHY:-

BOOKS:
1. Justice M. RamaJois, Legal and constitutional history of India, Universal Law
publishers,2015.
2. Habib, Irfan. Medieval India; The Study of a Civilization. New Delhi: National Book
Trust, 2008.
3. H.V., Sreenivasa Murthy. History of India; Part 1. Lucknow: Eastern Book Company,
2015.
4. V.D., Mahajan. A History of India; Vol. II. New Delhi: S. Chand & Company LTD, 1990.
5. B.M Gandhi, Indian Legal and constitutional history, Eastern book company, 9th edition.
6.
Online sources:

1. Nayak, Ganeswar. “Political Administrative History of Medieval India (1526- 1707).”

Directorate of Distance& Continuing Education; Utkal University. Last seen on October,
19, 2016. <http://ddceutkal.ac.in/Syllabus/MA_history/Paper_13.pdf>
2. “Administrative Systems and Institutions.” NIOS Download. Accessed on October 19,
2016.<http://download.nos.org/srsec315new/History%20Book L12.pdf>
3. Hein Online