HISTORY I

Ancient and Medieval History

First Semester Number of Class 60 Credits: 3

Object: It is widely believed and perhaps rightly so that today‘s problems and solutions thereto
lies hidden in History. Understanding history of the state, social institutions, people and the
culture inherently makes one understand as to how to critically appreciate a fact-situation. Thus a
lawyer is required to understand the history of political establishment, social institutions and thus
evaluate the legal and judicial structure and process.

Teaching-learning process: Studying history has various angles. As such, lectures of social
historians enable a person to appreciate various angles of history and build up perspectives.
There is no alternative to self-studies and research.

Evaluation system: Research and presentation, delivering lectures, having group discussions
and role playing and quality of criticality are some of the appreciation and evaluation methods.
One should scrupulously avoid memorization tests as far as possible.

Module No. of
No. COURSE OUTLINE Sessions
60
Module 1 Introduction
1.1 Introduction- What is History, its meaning, purpose 1
1.2 Re-writing of history – controversy- Sources of Indian History 3
Module 2 Ancient India
2.1 Early Vedic Age: Arrival of Aryans, early settlements-Social divisions, 3
economy and Administration
2.3 Later Vedic Age: caste system, economic development, administration, Sabha, 4
Samithi,
2.4 Nature of State, Society, economy, Asoka’s policy of Dhamma, and 6
Administration
2.5 Nature of State, changes in caste system, economy, guild system, land grants 6
and Administration
Module 3 Law in Ancient India
3.1 Dharma and sources of Dharma: Veda, tradition and good custom 3
3.2 Dharma Sutras: 5
Apastamba, Gautama, Baudhāyana, Vāsiṣṭha, Harita, Visahnu dharmasutras
3.3 Dharma Sastras-Manu Dharmasastra – 12 chapters of Manu dharmasastra -
duties of King, 18 titles of law legal assembly, court system, punishments and 3
legal assembly.
3.4 3
Yajnavalkya sastra- Reorganization of Courts, Creation of valid documents,
Law of loan agreements, Partnership, and joint business ventures and Model of
Legal Procedure
3.5 Narada dharmasastra: Achara, Vyavahara, changes in 18 titles of Law 2

3.6 Kautilya’s Ardhasastra- 15 chapters of Arthasastras, Duties of King, 3

qualification, law and its administration, Suppression of crime, and foreign
policy
3.6 Commentaries and Digests on dharamasastras 2

3.7 The Scope and method of interpretation of Law in Ancient India and Medieval 3
India
3.8 Judicial System - Types of courts and procedures 3
Module 4 Delhi Sultanate
4.1 Administrative apparatus of Delhi Sultanate – Emperor's Court, Chief Justice 4
Court, Sadre Jahan’s Court
4.3 Salient Features of Islamic Criminal Law 2
4.3 King, Chief Qazi, Judicial officers and Punishments 1
4.4 Law with regard to non-Muslims 1
Mughals
4.5 Administrative setup of Mughal administration and defects 3
4.6 3
Judicial administration – Emperor's Court, Chief Justice Court, Chief Revenue
and Provincial courts and district courts –Procedure Punishments

Suggested Readings
1. E.H.Carr: What is History?
2. Arthur Marwick: Nature of History.
3. Romila Thapar: Past and Prejudice.
4. Romila Thapar: Early India.
5. R.S. Sharma: Aspects of Political ideas and Institutions in Ancient India.
6. R.S. Sharma: Sudras in Ancient India
7. R. C. Majumdar: Ancient India
8. J.D.M. Derrett: Religion law and state in India.
9. Satish Chandra: Medieval India Vol. I & Vol. II.
10. Justice Rama jois, Legal and constitutional system of Ancient India.
Advanced Readings
1. Robert Lingat: The Classical Law of India.
2. Romilla Thapar: Interpretation of Ancient India
3. Sharma Ravindra Kingship in India from Vedic Age to Gupta.
4. A.S Altekar: State and Government in Ancient India
5. Umesh Kumar Singh: Law and Justice in Ancient India: Earliest Times to 1200 A.D.
 Module I

What is history?

History is the study of the past, particularly people and events of the past. History is a pursuit
common to all human societies. Human beings have always been interested in the past, for many
reasons. History can be a tremendous story, a rolling narrative filled with great personalities and
tales of turmoil and triumph. Each passing generation adds its own chapter to history while
reinterpreting and finding new things in those chapters already written. History also gives us a
sense of identity; by understanding where we have come from, we can better understand who we
are. History provides a sense of context for our lives and our existence, helping us to understand
the way things are and how we might approach the future. History teaches us what it means to be
human, highlighting the great achievements and disastrous errors of the human race. History also
offers hints about how we can organize and manage our societies, for the betterment of all those
who live in them.

Those starting out in history often consider history and the past to be the same thing. This is not
the case. The past refers to an earlier time, the people and societies who inhabited it and the
events that took place there. History describes our attempts to investigate, study and explain the
past. It is a subtle difference but an important one. What happened in the past is fixed in time and
cannot be changed. History, however, changes regularly. The word “history” and the English
word “story” both originate from the Latin historia, meaning a narrative or account of past
events. History is itself a collection of thousands of stories about the past, told by many different
people. Because there are so many stories, they are often variable, contradictory and conflicting.
And like all stories, history is subject to revision and reinterpretation. Each generation looks at
the past through its own eyes. It applies different standards, priorities and values and reaches
different conclusions about the past. The study of how history differs and has changed over time
is called historiography.

The purpose of historical inquiry is not simply to present facts but to search for an
interpretation of the past. Historians attempt to find patterns and establish meaning through the
rigorous study of documents and artifacts left by people of other times and other places.
The study of history is vital to a liberal arts education. History is unique among the liberal arts in
its emphasis on historical perspective and context. Historians insist that the past must be
understood on its own terms; any historical phenomenon -- an event, an idea, a law, or a dogma
for example- must first be understood in its context, as part of a web of interrelated institutions,
values, and beliefs that define a particular culture and era. Among the liberal arts, history is the
discipline most concerned with understanding change. Historians seek not only to explain
historical causality--how and why change occurs within societies and cultures. They also try to
account for the endurance of tradition, understand the complex interplay between continuity and
change, and explain the origins, evolution, and decline of institutions and ideas. History is also
distinguished by its singularly broad scope. Virtually every subject has a history and can be
analyzed and interpreted in historical perspective and context; the scope of historical inquiry is
bound only by the quantity and quality of surviving documents and artifacts.
It is commonly acknowledged that an understanding of the past is fundamental to an
understanding of the present. The analysis and interpretation of history provide an essential
context for evaluating contemporary institutions, politics, and cultures. Understanding the
present configuration of society is not the only reason to study the past; history also provides
unique insight into human nature and human civilization. By demanding that we see the world
through the eyes of others, that we develop a sense of context and coherence while recognizing
complexity and ambiguity, and that we confront the record not only of human achievement but
also of human failure, cruelty, and barbarity, the study of history provides us with a richly-
textured, substantive framework for understanding the human condition and grappling with
moral questions and problems. History is essential to the traditional objectives of the liberal arts,
the quest for wisdom and virtue.

Sources of Indian History

The purpose of history is to throw light on the past. This is done through discovery and study of
historical sources.
It is rather easy to find sources for writing the history of the recent past, because there is plenty
of hand written and printed material on and about modern State and Society. There is also
enough material in respect of medieval times.
But the real difficulty arises for writing ancient history. It is mentioned in the great Indian epic
Mahabharata that “History is that ancient description which contains instructions of virtue,
wealth, desire and salvation”. In other words, India’s ancient seers laid greater emphasis on those
events which carried higher ideals rather than actual happenings.

Archaeological Sources:
1. Archaeological remains and Monuments:
Ancient ruins, remains and monuments recovered as a result of excavation and exploration are
archaeological sources of history. The archaeological remains are subjected to scientific
examination of radio-carbon method for its dates. Archaeological sources give us some
knowledge of the life of the ancient people. India is rich with ancient ruins, remains, and
monuments.
Many historical places are lying buried under the earth. But excavations are being carried out to
bring some such places to light. The material remains discovered from excavations and ruins
speak a good deal of the past. For example, the excavations at Mohenjo-Daro and Harappa
brought to the knowledge of the world the existence of the Indus Valley Civilization.
Excavations have been conducted at Taxila, Pataliputra, Rajgir, Nalanda, Sanchi, Barhut, Sarnath
and Mathura. They are being done at many other places too. By digging the old sites and
mounds, and discovering the material remains, historians try to understand the past. Archaeology
is the science and method to explore and understand the ancient ruins and remains.
All over India there are countless historical monuments like, Temples, Stupas, Monasteries,
Forts, Palaces, and the like, which speak of their time. Similarly, tools, implements, weapons and
pottery etc. throw light on the living conditions of the people. For historians, these are sources of
information. In the opinion of some eminent scholars, the history of India before the third
century B.C. was mainly the result of archaeological research. Information gathered from
literature and oral traditions can be taken as historical accounts only if archaeological evidences
are available as supporting material.

Inscriptions:
Inscriptions supply valuable historical facts. The study of inscriptions is called epigraphy. The
study of the writings on ancient inscriptions and records is called palaeography. Inscriptions are
seen on rocks, pillars, stones, slabs, walls of buildings, and body of temples. They are also found
on seals and copper plates. We have various types of inscriptions. Some convey monarchical
orders regarding administrative, religious and major decisions to the public in general.
These are called royal proclamations and commandments. Others are records of the followers of
major religions. These followers convey their devotion on temple walls, pillars, stupas and
monastries. The achievements of kings and conquerors are recorded in prasastis, i.e. eulogies.
These are written by their court poets, who never speak of their defects. Finally we have many
donatives i.e. grants for religious purpose.
India’s earliest inscriptions are seen on the seals of Harappa, belonging to the Indus Valley
Civilisation. The most famous inscriptions of India are the huge inscriptions of Asoka. As that
emperor himself proclaimed, he got his edicts engraved on stone so that they might last long. The
Hatigumpha Inscription of Kharavela, the Allahabad Pillar Inscription of Samudragupta, and
many other rock and pillar inscriptions contain most valuable historical accounts. Political,
administrative and religious matters are gathered from such sources.
Earliest inscriptions, namely, the seals of Harappa, dated about 2500 BC, have not been
deciphered so far by any epigraphist. The later inscriptions were engraved in the Prakrit
Language in the third century B.C. Ashokan inscriptions were written in the Brahmi script from
left to right. Some were also engraved in the Kharosthi script from right to left. Sanskrit was
used as an epigraphic medium in the second century A.D. Inscriptions were also engraved in
regional languages in the ninth and tenth centuries.
For a study of Indus valley civilisation or the Harappan culture, archaeology is regarded as the
chief source of information. The same archaeological evidences, collected from other parts of
India, give a picture of the most ancient civilisation of India. To understand the pre-historic
India, the historians must have to depend primarily on archaeology. The archaeological
evidences also provide the most authentic information for writing the history of other subsequent
periods.
Copper plates were more widely used for writing inscriptions. They are called Tamrapata or
Tamrapatra or Tamrasasana. They were used even in the days of Buddha. Many copper plates
contained land-grants. They were also used to carry administrative orders. The inscriptions are of
many types. They were used for several purposes. For historians they carry enough interest.

Numismatic:
The study of coins is known as numismatics. Coins form another source of historical
information. Ancient coins were mostly made of gold, silver, copper or lead. Coin moulds of
Kushan period made of burnt clay have been also discovered. Some of the coins contain religious
and legendary symbols which throw light on the culture of that time. Coins also contain the
figures of kings and gods.

Some contain names and dates of the rulers. Coins also throw significant light on economic life
of ancient people. They indicate regarding trade and commerce and help to reconstruct the
history of several ruling dynasties. Coins have been the primary source of our information
regarding the various Indian states during the same period.

The coins of the Kushana and the Gupta period give interesting accounts of those days. They
throw light on religious, political, economic and commercial conditions. Every coin of the past
has some story to convey.

Literary Sources:
1. Religious Literature:
History is not a record of only the rulers. It is mostly an account of the people’s life and living.
The literature of every time is like a mirror of that time. Mental and social conditions of the
people are known from literary sources.

The Religious Literature of India is too vast. It includes the Vedas, the Upanishads, the great
epics like the Ramayana and Mahabharata, and the Puranas of the Hindus. These are like mines
of information about religious beliefs, social systems, people’s manners and customs, political
institutions, and conditions of culture.
The religious writings of the Jainas and the Buddhists are also enormous. They include the
Jatakas and the Angas etc. While dealing with religious subjects, they also write about historical
persons and political events. Contemporary economic and social conditions are vividly known
from these sources.

Secular Literature:
There are many kinds of secular or non-religious literature. The law-books of ancient India
known as Dharmasutras and Smritis belong to this group. They contain code of duties for kings,
administrators, and people. They also contain rules regarding property, and prescribe
punishments for murder, theft and other crimes.

Kautilya’s Arthasastra is a famous work. It not only speaks of the State and polity, but also of
socio-economic system. Authors like Patanjali and Panini, though they wrote Sanskrit grammar,
also described some political events. The dramas of Kalidasa, Vishakhadatta, and Bhasa give us
useful information about the people and society.

Accounts of Foreigners:
From very ancient times, foreigners visited India. Some of them left valuable accounts of their
travels or visits. Ancient Greek and Roman historians also wrote about India from their
knowledge and information. All these foreign accounts prove useful for writing history.
We know of Chandragupta Maurya’s victory over the Greeks from the Greek accounts. They
mentioned him as Sandrokottas in their writings. The Greek ambassador Megasthenes stayed in
the court of Chandragupta Maurya and wrote his famous work Indika. Unfortunately this work
was lost. But fragments from it were preserved in the quotations by other Greek writers. But
even those brief accounts are regarded most precious to know Mauryan polity and society.
From works such as Ptolemy’s Geography, we know of India’s ports and harbours. From Pliny’s
work we know of trade relations between Rome and India. These writers wrote in early centuries
of the Christian era. The Chinese traveler Fa-Hien left valuable accounts on the time of the
imperial Guptas. Hieuen Tsang, who is described as the ‘Prince of Pilgrims’ wrote details about
the India of the age of Harsha. Another Chinese, Itsing, visited India in 7the century A.D. His
accounts contain the socio-religious condition of those days.
Travellers from the Islamic world also visited India. Al Beruni who came at the time of Mahmud
of Ghazani studied Sanskrit himself. His writings on ‘Hind’ give useful information.
History demands devotion to truth. Historians construct history from various sources to present
the truth of the past to the men of today and the future.

Methods of Utilizing Sources

Demonstration: A teacher can best convince his pupil’s sources by giving a demonstration of
how to utilise. By reading a particular passage from the original source, supporting or illustrating
his point or throwing additional light on his opinion he should make it clear to his pupils that
source material is to be employed at appropriate times. This will motivate his pupils to go
through some such sources for clarifying certain controversial issues or for arriving at truth about
a certain point.

Assigned reading: The teacher can introduce the use of source by assigning selected passages to
be read by selected students, selected passages should be interesting and immediately connected
with the topic in hand.

Problem solving: Problems can best be solved with the help of sources. The pupils discover and
correct errors in the text-books and in other secondary accounts if any.
Thus, sources can be utilized in the beginning of the lesson, during the course of the lesson as
well as after finishing the lesson. Certain useful extracts from the original or secondary sources
may be selected for introducing or developing the lesson. Students may also be asked to write
answers to some questions, based on those sources. The main aim is to help students to cultivate
a proper skill for their use and to develop the habit of self-study.

Difficulties in utilizing original sources

1. Sources of real value are not available: In India original sources of real worth, suitable
especially for school students, are too scanty and too disjoined. Efforts have not been made to
edit and compile source books, suitable for school students.
2. Difficulty of language: Almost all the original sources of historical or cultural value are in
foreign languages. School children cannot be expected to deal with long passages in English,
Sanskrit, Pali, Arabic or Persian, the languages in which most of the original sources are
available. Relevant and short extracts from contemporary documents in the pupils’ mother
tongue alone serve the desired purpose and these are seldom available.
3. Conflict among contemporary writers: Like all other writers, source writers also have their
own prejudices, faults, preference and Limitations. According to their own points of view
authors of different sources give different account of events or movements during the same
period. Lost in the maze of conflicting views about the same event or movement, the students
feel that they cannot solve all the problems through the source method.
 Module 2
Early Vedic Age
1500BC-1000BC
Home of the Aryans in India:
The Aryans appeared in India a little earlier than 1500 B.C. The earliest Aryans settled down in
eastern Afghanistan, Punjab, and fringes of Uttar Pradesh. The Rig-Veda mentioned the names
of some rivers of Afghanistan such as the river Kubha, and the river Indus and its five branches.
The earliest settlements of Aryans were confined to the valleys of the river Sindh and its
tributaries and of the Saraswati and the Drishadvati.

Though they were confined mainly in Punjab, yet their outer settlements reached to the banks of
the Ganga and the Yamuna. They named that region Madhya Desa. Gradually they occupied the
whole of Uttarapatha, the loan between Himalayas and the Vindhyas and from the western seas
to the east were called as Aryavarta.

The Vedas:
The Vedas form the oldest literary works of the Aryans and occupy a very distinguished place in
the history of the world literature. Vedas have been looked upon as the revealed words of God by
millions of Hindus. In course of many centuries Vedas had grown up and was orally handed
down from generation to generation. The Vedas were probably authored during 1500 BC and
600 BC. It consists of three successive classes of literary production.

These three classes are:

(i) The Samhitas or Mantras-these are collections of hymns, prayers, charms, litanies, sacrificial
formulas.
(ii) The Brahmanas-a kind of Primitive theology and philosophy of Brahmanas.
(iii) The Aranyakas and Upanishads-they are partly included in the Brahmanas or attached
thereto and partly exist as separate work. They contain philosophical meditations of the hermits
and ascetics on soul, God, world & man.
There are four Samhitas which are different from one another.
These are:
(i) The Rigveda Samhita:
A collection of hymns. It has ten mandalas with a total of 1021 ‘Suktas’ or ‘stutis” for the
worship of gods like Indra, Surya, Agni, Yama, Varuna Ashwini, Usha etc.
(ii) Samaveda Samhita:
A collection of songs mostly taken from Rig Veda. It contained 1549 stutis. A special class of
priests known as “Udgator” were to recite its hymns.
(iii) Yajur Veda Samhita:
A collection of sacrificial formula. It has 40 mandals. There are two distinct forms of Yajur Veda
namely. “Sukla Yajur Veda” and “Krishna Yajur Veda”. The “Sukla Yajur Veda” contains the
genesis while the “Krishna Yajur Veda” describes the “Vasya” or the philosophy.
(iv) Atharva Veda Samhita:
A collection of songs and spells. It has twenty mandalas with 731 ‘stutis’. It deals with magic,
hypnotism, enslavement through mantra. It is regarded on a lower level than the other three
Vedas. These four samhitas formed the basis of four Vedas.
Every work belonging to the second and third classes of Vedic literature viz, the Brahmanas, the
Arayakas and the Upanishads, is attached to one or another of these samhitas and is said to
belong to that particular Veda.
The Authorship of the Vedic Literature:
The Hindus have a belief that the hymns were merely revealed to the sages and not composed by
them. .For this Vedas are called “apaurusheya’ (not made by man) and ‘ritya” (existing in all
eternity). The ‘Rishis’ to whom they are ascribed are known as Mantradrasta’. (Who received the
mantra by sight directly from the Supreme Creator).
Vedangas:
Besides the Vedas, there is another class of works whose authorship is ascribed to human beings.
They are known as Sutras or Vedangs. There are six vedangas. They are six subjects. These are
siksha (pronounciation), chhandas (metre) Jyotisha (astronomy), Kalpa (ritual), Vyakarana
(grammar), Ninukta (explanation of words).

Indian Culture in the Rig Vedic Age:

Although the Rig Veda deals with devotional work of religious nature, yet it gives a vivid picture
of the early Vedic civilization. The Vedic Civilization is best understood from the social life,
political organization, economic life and religious beliefs.

Political Organization
Administrative Divisions:
The lowest unit of the Rig-Vedic society was the patriarchal family. A number of families bound
together by ties of blood formed a clan, several class formed a district, and a number of districts
composed a tribe, the highest political unit. From the Rig Veda we come to know about some
administrative units termed as ‘grama’, ‘vis’, and the ‘jana’.
The ‘grama’ consisted of several families. It was under a headman known as ‘gramani’. During
war or battle he used to lead the soldiers from his village. He attended the meetings of the
‘Sabha’ and ‘Samiti’. Several villager formed a ‘vis’. It was placed under a ‘visapati’. He was a
military leader.
A group of ‘vishes’ formed a ‘jana'(tribe) whose members were bound together by real or
supposed ties of kinship. ‘Gopa’ was the head of one ‘jana’. Rig Veda mentions about various
tribes such as Bharatas, Matsyas, Krivis, Tritsus. But the tribes which acquired great importance
are the Purus, Trigvasas, Yadus, Aus and Drahyus. Several janas formed a ‘janapada’ or
‘kingdom’. The ‘Rajan’ or the king was the head of the Janapada.

Form of Government:
Monarchy was the normal form of Government. Kingship was hereditary. But there was a sort of
hierarchy in some states, several members of the royal family exercising the power in common.
There were references of democratic form of government and their chiefs were elected by the
assembled people.
The King:
The kingdom was small in extent. The king enjoyed a position of pre-eminence in the tribe.
Kingship was hereditary. He was anointed by the priest as king in the ‘Abhishka’ Ceremony. He
wore gorgeous robes and lived in a splendid palace, gaily decorated than a common building.
The king had the duty to protect the life and property of his people. He was required to be ‘Indra’
in valour, ‘Mitra’ in kindness and ‘varuna’ in virtues.
The sacred duty of the king was the protection of the tribes and the territory and maintenance of
priests for the performance of sacrifices. Maintenance of law and order was his principal duty.
He maintained justice with the help of Purohitas. He collected tributes known as “Bali” in kind
from his subjects.
Officials:
In the work of administration the king was assisted by a number of functionaries like the
Purohita (priest), the senani (general) the Gramani (village headman) and the spsa (spies).
Purohita was the most important officer of the state.

The Army:
The army was mainly consisting of Patti (infantry) and Rathins (chariots). The weapons used by
the soldiers were bows, arrows, swords, axes and spears. These weapons were made up of irons.
The soldiers were organized into units known as Sardha, Vrata and gana.

Popular Assemblies:
The Rig Veda mentions the names of two popular assemblies known as Sabha and Samiti.
Though the king enjoyed substantial power yet he was not an autocrat. In the work of
administration he consulted these two bodies and act according to their decision. Sabha was a
select body of elders. The head of the sabha was known as ‘Sabhapati’.
The Sabha advised the king on administration. It also functioned as a court of law and tried the
cases of criminals and punished them. The Samiti was the most popular assembly and included
common people. The head of Samiti was known as ‘Pati’ The Samiti mainly dealt with the
political business of the state. It also used to elect the king. In the early Vedic Age the Sabha and
Samiti had a commendable role to play as the political organisation of the Aryans.
Social Life:
Family:
The family was regarded as the social and political unit. It was the nucleus of the social life of
the early Aryans. The father was the head of the family and he was known as “grihapati”. The
Aryans had joint families. The father had great authority over the children. Though the father
was kind and affectionate yet at times he became cruel towards his children. From Rig-Veda we
come to know about a father who blinded his son for his extravagance.
Position of Women:
In the early Vedic age women enjoyed an honored place in the society. The wife was the mistress
of the household and authority over the slaves. In all religious ceremonies she participated with
her husband. Prada system was not prevalent in the society. Sati system was also not prevalent in
the Vedic society.

The education of girls was not neglected. The Rig-Veda mentions the names of some learned
ladies like Viswavara, Apala and Ghosa who composed mantras and attained the rank of Rishis.
The girls were married after attaining puberty. The practice of ‘Swayamvara’ was also prevalent
in the society. Monogamy was the general Practice.
Polygamy was, of course, practiced and it was confined only to Rings and chiefs. Remarriage of
widows was permitted. The women were not independent persons in the eye of the law. They
had to remain under the protecting care of their male relations.
Dress and Ornaments:
The Aryans wore dresses made from cotton, wool and deer skin. The garments consisted of three
parts—an undergarment called ‘nivi’, a garment called ‘Vasa’ or ‘Paridhan’ and a mantle known
as ‘adhivasa’, ‘atka’ ‘dropi’. The garments were also embroidered with gold. Both men and
women wore gold ornaments.
The women used ear-rings, neck-lace, bangles, and anklets. These ornaments were sometimes
studded with precious stones. Both men and women oiled and combed their hair which war
plaited or braided. The men kept beard and moustache but sometimes also shaved them

Food and Drink:

The Aryans ate both vegetable and animal foods. Rice, barley, bean and sesamum formed the
staple food. They also ate bread, cake, milk, ghee, butter, and curd together with fruits. Fish,
birds, goats, rams, bulls and horses were slaughtered for their food. Slaughter of cow was
prohibited. They also drank intoxicating liquor, known as sura, a brandy made from corn and
barley and the juice of soma plant.
Amusements:
Rig Vedic people spent their leisure time in various amusements like gambling, war—dancing,
chariot racing, hunting, boxing, dancing and music. Women displayed their skill in dancing and
music. Three types of musical instruments like percussion, string and wind were used by the
singers.
Morality:
The morals of women were of high standard. But the standard of morality of men was not very
praiseworthy. Polygamy was practiced by men. Great respect and affection was shown to guests.
The people hated seduction and adultery. There was a class of women known as hetairai and
dancing girls whose morality was probably not above reproach.

Education:
In the Rig-Vedic age great importance was given to education. There were Gurukulas which
imparted education to the disciples after their sacred-thread ceremony. Entire instruction was
given orally. The Vedic education aimed at proper development of mind and body. The disciples
were taught about ethics, art of warfare, art of metal and concept of Brahma and philosophy, and
basic sciences like agriculture, animal husbandry, and handicrafts.
Caste System:
In the early Vedic age there was no caste system. Member of same family took to different arts,
crafts and trades. People could change their occupation according to their needs or talents. There
was hardly any restriction in intermarriage, change of occupation. There, was no restriction on
taking of food cooked by the sudras. A late hyman of the Rig-Veda known as Purushasukta
refers to four castes. But many scholars reject the theory that caste system existed in Rig Vedic
age. According to them Purushasukta is a late hymen and caste system was never rigid and
hereditary.
Economic Life:
The Village:
In the Rig Vedic Age people lived in villages. The houses were made of wood and bamboo.
They had thatched roof and clay floors. The hymns of Rig-Veda refer to Pura. It seems that Puras
were fortified places and served as places of refuge during danger of invasion.

There was absence of word nagara (city) in the hymns of Rig-Veda. Gramani was the chief of the
village. He looked after the affairs of the village, both civil and military. There was another
officer known as Vrajapati who led Kulapas or heads of families to battle.
Agriculture:
Reference in Rig-Veda shows, that agriculture was the principal occupation of the people. They
ploughed the field by means of a pair of oxen. Rig-Veda even mentions that twenty four oxen
were attached to a plough share at the same time to plough the land. The ploughed land was
known as Urvara or Kshetra. Water was supplied into the fields by means of irrigation canal. Use
of manure was known to them. Barley and wheat were mainly cultivated. Cotton and oil seeds
were also grown. Rice was perhaps not extensively cultivated. Agriculture was their main source
of income.
Domestication of animals:
Besides agriculture, cattle breeding were another means of living. There are prayers in the Vedas
for Gosu (cattle). Cows were held in great respect. Cows were symbols of wealth and prosperity
of the Aryans. Sometimes cow was the medium of exchange. The Aryans had also domesticated
animals like horse, draught OX, dog, goat, sheep, buffalo and donkey.
Occupation:
Apart from agriculture and animal husbandry Aryans had also other occupation. Weaving was
the most important occupation. We learnt about weavers of wool and cotton together with the
workers in the subsidiary industries of dying and embroidery. The carpenters built houses,
chariots, wagons and supplied household utensils and furniture.
Then there were blacksmiths who supplied various necessaries of life, from fine needles and
razors to the sickles, ploughshares, spears and swords. The gold smiths made ornaments like ear-
rings, bangles, necklaces, bands etc. The leather-workers made bow-strings and casks for holding
liquor. The physicians cured diseases. The priests performed sacrifices and composed hymns and
taught them to the disciples.
Trade and Commerce:
There were trade and maritime activity. Sometimes traders made journey to distant lands for
larger profits in trade. There was probably commercial intercourse with Babylon and other
countries in Western Asia. The principal media of trade was barter. Cow was used as unit of
value. Gradually pieces of gold called “mishka” were used as means of exchange. Trade and
commerce was regulated and managed by a group of people called “Pani”.
Transport and Communication:
The chief means of transport by land were rathas (Chariots) and wagons drawn by horses and
oxen. Riding on horseback was also in vogue. Travelling was common though roads were
haunted by taskara (highway men) and forests were infested by wild animals.
Religious Condition:
The religious life of the Aryans was simple and plain. They worshipped various manifestations
of nature such as the sun, the moon, the sky, the Dawn, the thunder, the wind and the Air. Vedic
hymns were composed in praise of nature. Rigveda mentions that thirty three gods and goddesses
were worshipped by the Aryans.
These divinities were placed under three categories namely:
(1) the terrestrial gods such as Prithvi, Agni, Brihaspati (Prayer), and Soma,
(2) The atmospheric gods, such as, Indra, Rudra (Probably lightning), Maruts, Vayu (wind) and
Parjanya and
(3) celestial gods such as Dyaus (the sky), Varuna (vault of Heaven), Ushas (dawn), Asvins
(probably twilight and morning stars) and Surya, Mitra, Savitri and Vishnu all associated with
the most glorious phenomenon of nature, viz., the sun.
Among the vedic gods, Indra occupied the chief place, was given the largest number of hymns—
about one fourth of the total number of hymns in the Rig Veda Samhita. He was also known as
Purandara and the destroyer of forts. He was also the god of rain. Varuna was regarded as the
good of truth and moral order. He was conceived as the omniscient ruler of the cosmic waters.
Maruta was the god of storm. He helped Indra in scattering away the demons. Usha was the
goddess of dawn.
Prithvi was regarded as the goddess of grain and of procreation. Agni was second in importance
only to Indra. He acted as the coordinator among all deities. He conveyed to the gods the
oblations offered by the devotees. He received special homage by the people as no sacrifice
could be performed without offering to him. Vishnu was worshipped as the god of three worlds.
Surya was regarded as the destroyer of darkness. Apart from these deities, others like Savitri,
Saraswati, Brihaspati and Prajnya were also worshipped.
Mode of Worship:
The mode of worship was simple. The Vedic worship meant primarily only oblation and prayer.
A great value was attached to the hymns. The Aryans chanted hymns to appease the various
divinities. Yajna or sacrifice was another mode to appease the gods and goddesses. They offered
milk, ghee, grains, wine, fruits etc. as offering into fire.
Animals like horses, buffaloes, rams, bulls, and even cows were also sometimes sacrificed. The
process of sacrifice was simple. Every Aryan family took part in the offering of prayers and
performing of fire-sacrifice. There was no priestly class for performing these religious sites. No
shrine or temple was built. Image worship was unknown in those days.
The theory of reincarnation or rebirth was not completely formed. The Rig Vedic hymns had no
consistent theory regarding life after death. The Rig Vedic idea of life after death was very
vague. The soul departed to “Land of fathers”, pitralok was received by Yama and rewarded or
punished according to its deeds. So the conception of rebirth was there.
The doctrine of transmigration of soul was not properly developed. In-spite of worshipping
various deities the Vedic age saw the prevalence of monotheism. The hymns of Rig-Veda,
Mandal x, 82 express the belief that God is one although. He bears many names. The idea of
single supreme power governing and controlling the universe seems to have emerged. The
spiritual life of Vedic Aryans was simple. They worshipped nature through prayer and sacrifice
which later on formed the basis of Hindu religion.
 Later Vedic Age
1000 BC -600 BC

The spread of Aryans over the whole of India completed before 400 B.C. Of the new kingdoms
in the east, the most important were Kurus, Panchalas, Kasis, Kosalas and Videhas.
Gradually the Aryans moved towards South India. It is believed that their southern movement
began during the period of Brahmana literature, about 1000 B.C. and went on steadily till they
reached the southernmost extremity of the Peninsula in or sometime before fourth century B.C.
The great grammarian Katya Yana who flourished in the fourth century B.C had knowledge
about the countries of south such as Pandya, Chola and Kerala. But the Aryan colonization in the
South was not as complete as in the north. With the progress of the Aryans in Northern India,
their centre of civilization was shifted towards east. The territory between Saraswati and Ganga
was the seat of Aryan civilization.
Political Organisation:
The spread of Aryans over the whole of India completed before 400 B.C. Of the new kingdoms
in the east, the most important were Kurus, Panchalas, Kasis, Kosalas and Videhas.
Gradually the Aryans moved towards South India. It is believed that their southern movement
began during the period of Brahmana literature, about 1000 B.C. and went on steadily till they
reached the southernmost extremity of the Peninsula in or sometime before fourth century B.C.
The great grammarian Katya Yana who flourished in the fourth century B.C had knowledge
about the countries of south such as Pandya, Chola and Kerala. But the Aryan colonization in the
South was not as complete as in the north. With the progress of the Aryans in Northern India,
their centre of civilization was shifted towards east. The territory between Saraswati and Ganga
was the seat of Aryan civilization.
Rise of Big States:
With the progress of Aryan settlements in the eastern and southern part of India, the small tribal
states of Rig Vedic period replaced by powerful states. Many famous tribes of Rig Vedic period
like Bharatas, Parus, Tritsus and Turvasas passed into oblivion and new tribes like the Kurus and
Panchalas rose into prominence. The land of the Yamuna and Ganga in the east which became
the new home of the Aryans rose into prominence.
Growth of Imperialism:
With the emergence of big kingdoms in the Later Vedic Age the struggle for supremacy among
different states was of frequent occurrence. The ideal of Sarbabhauma or universal empire
loomed large in the political horizon of ancient India. The sacrifices like Rajasuya and
Asvamedha were performed to signify the imperial sway of monarchs over the rivals. These
rituals impressed the people with the increasing power and prestige of the king. The Rig Vedic
title of “Rajan” was replaced by the impressive titles like Samrat, Ekrat, Virat, Bhoja etc. These
titles marked the growth of imperialism and feudal ideas.
Origin of Kingship:
There were two theories regarding the origin of kingship. The Aitareya Brahmana explained the
rational theory of election by common consent of origin of kingship. Side by side the Taittiniya
Brahman explained the divine origin of kingship. It explained how Indra, “though occupying a
low rank among the gods, was created their king by Prajapati.”
Growth of Royal Power
The king had absolute power. He became the master of all subjects. He realized taxes like “bali”,
“sulka” and “bhaga”. The Satapatha Brahmana described the king to be infallible and immune
from all punishment. The sabha of the Rig Vedic Period died. The king sought the aid and
support of the Samiti on matters like war, peace and fiscal policies. There are references to the
Samiti sometimes electing or re-electing a king.
The authority of the government in the later Vedic period was perhaps more democratic in the
sense that the authority of the leaders of Aryan tribes was recognized by the king. However in
spite of the existence of the popular assemblies the powers of the king went on increasing due to
the growth of large territorial states and the evolution of an official hierarchy.
Administrative Machinery:
The growth of the royal power was largely reflected in the enlarged outrage of the king. In the
work of administration the king was assisted by a group of officers who were known as Ratnins
(Jewels). They included the Bhagadugha (collector of taxes), the Suta (charioteer), the
Akshavapa (superintendent of gambling), the kshattri (chamberlain), the Govikartana (king’s
companion in the chase), the Palogala (courtier) the Takshan (Carpenter), the Rathakara (Chariot
marker) in addition to the ecclesiastical and military officials like the Purohita (chaplain) the
senani (general), and the Gramani (leader of host or of the village).
In the Later Vedic Period Gramani was both a civil and military officer Gramani was the
medium through which the royal power was exercised in the village. According to Frasna
Upanishada Adhikrita was the village officer and was lowest in the rank. The king administered
justice. Occasionally he delegated his judicial power to Adhyakshas. In the villages,
Gramyavadin (Village judge) and Sabha (court) decided the cases. Punishments for crimes were
severe

he father was the head of the property of the family. In case of inheritance of property the law of
primogeniture was applied. By this rule the eldest son would inherit the property of the deceased
father. Neither the women nor the sudras had any right to property.
Social Condition:
Changes of far greater significance were gradually taking place in their society.
Caste Society:
Most important change was the evolution of caste system. Various sub castes evolved in addition
to the traditional four-castes. The Brahmanas and Kshatriyas emerged as the two leading castes
out of the general mass of population, known as vaisyas. The vaisyas were superior to the sudras
but their position was steadily deteriorating. The Aitaraya Brahmana clearly indicates the
absolute dependence of vaisyas on the two higher classes. The Sudras were held in great
contempt.
The Brahmanas of the later Vedic age were the intellectual and priestly class. The Brahmanas
retained a high standard of excellence and knew the details of the rituals. The kshatriyas were the
fighting class in the society. War, conquest, administration of the kingdom was the principal
duties of this class. By their superior learning some kshatriyas raised themselves to the status of a
Brahmana. They composed hymns and performed sacrifices and also challenged the supremacy
of Brahmanas.
Two Kshatriya kings Janak and Viswamitra attained the status of Rishi. For a long time the
kshatriyas resisted the supremacy of the Brahmanas and claimed that the priest was only a
follower of the king. Vaisyas were engaged in trade, industry and agriculture, and animal
husbandry. They are debarred from the privileges which were enjoyed by the Brahmanas and
kshatriyas. However the richer people among the vaisyas known as Sresthin were highly honored
in the royal court.
The condition of the Sudras was very miserable. They had to serve the other three castes. They
were untouchables. They had no right to approach the sacred fire, i.e., perform sacrifice, or to
read the sacred texts. They were further denied the rite of burning the dead body. The structure
of the caste system became hereditary.
Education:
A vast mass of vedic literature as well as a highly developed intellectual life speaks abundantly
about a well planned system of education in the later Vedic Period. The students had to learn
Vedas, Upanishad, grammar prosody, law, arithmetic and language.

After the Upanayana or sacred thread ceremony and initiation to studies the students were sent to
the Gurukula for their education. They had to live in the house of the teacher (guru) and lead the
chaste life of a Brahmacharin whose principal duties were study and service to the teacher. The
students received free boarding and lodging at the house of the Guru. At the completion of their
study they paid fees (guru-dakshina) to the teachers.
Position of women:
The women lost their high position which they had in the Rig Vedic Age. They were deprived of
their right to the Upanayana ceremony and all their sacraments, excluding marriage, were
performed without recitation of Vedic mantras. Polygamy prevailed in the society. Many of the
religious ceremonies, formerly practiced by the wife, were now performed by the priests. She
was not allowed to attend the political assemblies. Birth of a daughter became undesirable—for
she was regarded as a source of misery. The custom of child marriage and dowry crept in. The
women lost their honored position in the society.
Food and Dress:
In the later Vedic age rice became staple food of the people. Gradually the practice of eating
meat was declined. Killing of cow was looked with disfavor. Wool was used in addition to
cotton.
Economic Condition:
Like political and social conditions, the economic condition of the Aryans of the later Vedic
period also underwent significant changes. Due to the emergence of caste system various
occupations also appeared.
Agriculture:
The Aryans of the later Vedic period lived in the villages. In the villages small peasant owners of
land were replaced by big landlords who secured possession of entire villages. Agriculture was
the principal occupation of the people. Improved method of tilling the land by deep ploughing,
manuring and sowing with better seeds were known to the Aryans. More lands were brought
under cultivation.
The cultivator yielded two harvests a year. Varieties of crops like rice, barley, wheat, maize and
oil seeds were raised. But the cultivator was not free from trouble. Dangers of insects and
damage of crops through hail-storm very badly affected the land of kurus and compelled many
people to migrate.
Trade and Commerce:
With the growth of civilization, the volume of trade and commerce had increased by leaps and
bounds. Both inland and overseas trades were developed. Inland trade was carried on with the
Kiratas inhabiting the mountains. They exchanged the herbs for clothes, nattresses and skins. The
people became familiar with the navigation of the seas. Regular coinage was not started.
The coins which were in circulation were “Nishka”, “Satamana” and “Krishnala”. The unit value
of goods was a gold bar called “nishka” weighing three hundred and twenty ratis, which was also
the weight of a satamana. A ‘Krishnala’ weighed one rati, i.e. 1.8 grams. There was a class of
merchants called ‘Pani’ who controlled the trade. References to “ganas” or corporations and the
“sreshthins” clearly speak of the formation of guilds or corporations for facilitating trade and
commerce. Usuary and money lending was also practiced in this period.
Occupation:
The emergence of caste system brought varieties of means of livelihood. There are references
about money lenders, chariot makers, dyers, weavers, barbers, goldsmiths, iron smiths, washer
men, bow makers, carpenters, musicians etc. The art of writing probably developed in this
period. The use of silver was increased and ornaments were made out of it.
House Building and Transport:
The house had many rooms with a special place for ‘Grahapatha’ fire which was kept
continuously burning. Houses were made of wood. The Taittiriya Aranyakas refer about a
special type of house known as ‘Dhandhani’ (treasure house). The Atharvaveda mentions about
‘Patninam Sadan’ (women’s apartment).
The means of transport and communication developed with the growth of trade and commerce.
Regarding means of transport mention may be made of wagons drawn by oxen, chariots for war
and sport and rough vehicle known as ‘bipatha’ for transport of goods. Elephants and horses
were also used. Ships and boats were also used as means of transport.
Religious Condition:
During the later Vedic period the religious spirit underwent a great change. Religion was
overshadowed with rites and rituals. New gods and goddesses emerged during this period.
New Gods:
The Rig Vedic gods, Varun, Indra, Agni, Surya, Usha etc. lost their charm. The people
worshipped them with less zeal. New gods like Siva, Rupa, Vishnu, Brahma etc. appeared in the
religious firmament of the Later Vedic Period. The grandeur of the Rigvedic gods passed into
oblivion, though we find in Atharvaveda the omniscience of Varuna or the beneficence of the
Earth goddess.

Certain less important duties of the Rigvedic Period now became popular with the Common
People. One of them was Rudra who already bore the epithet of Siva. Very soon Rudra came to
be worshipped as ‘Mahadeva’ (great god) and the lord of animate beings (Pasupati).
Vishnu, the preserver rose into Prominence during this period. He occupied the place of Varuna,
as the most sublime among the celestials. To attain his “Paramapada” (highest step) became the
goal of the rishis. The worship of vasudeva was also started. He was regarded as Krishna
Vasudev, the incarnation of Vishnu. Semi divinities like Apsara, Nagas, Gandharbas,
Vidyadharas etc. also came into being. This age also witnessed the beginning of the worship of
Durga and Ganesh.
Rituals and Sacrifices:
During this period the rites and ceremonies of Vedic religion were elaborated and became
complex. In the Rig Vedic age Yanjas were a simple affair which every householder could do.
But in the later Vedic age sacrifice became an important thing in worship. Now the priestly class
devoted their energy to find out the hidden and mystic meaning of the rites and ceremonies.
People had a firm belief that gods must submit to the sacrifice if properly performed. Vedic
hymns were regarded as charms to be used in sacrifice. The belief that gods were satisfied by
Yanjas led to a rise in the number, variety of sacrifices which were prescribed for every
householder. In fact every Aryan performed a number of sacrifices under the supervision of the
Brahmana priest.
Morality and Duty:
The Later Vedic Period prescribed a code of righteous conduct. The Brahmins had spread the
belief that, “man is born with certain rinas or debts” which he must repay in his life. He has to
repay the debts to his gods, to the rishis, to the munis, to men, to the ancestors and to the lower
creatures. And he redeem himself from these debts, if he worships the gods and performs Yajnas
study Vedas, performs funeral ceremonies and Sraddha, etc. One should perform all these duties
with selflessness. The first requisite of a good life were prayers and good works. One should
restrain himself from the sins like theft, adultery, and murder.
Religious Philosophy:
The Later Vedic age witnessed the emergence of a new intellectual thought. The people thought
deeply about the problems of creation, life and death and arrived at the conclusion that there is
one ‘Brahma’ (one Unchanging Principle) beyond the universe the creator and controller of the
whole order.

It is the universal soul or the Absolute “that dwelleth in everything that guideth all beings within,
the Inward guide, Immortal.” After the death of a person his soul passes into another body and
again into another and this process continues till it can be liberated from all its imperfections and
merged in the Universal Soul. This is the doctrine of transmigration of souls.
The Aryans had also faith in the doctrine of Karma. It lays down that all actions, good or bad,
reap their proper fruits. Souls have to be born again and again and bear the fruits of the actions
(Karma) of their previous lives. There is also doctrine of ‘Moksha’. It is a state of birth-lessness
and deathlessness at a point when a soul is liberated from the cycle of births and deaths and
mingled into the universal soul.” It was essential for a man to attain moksha. All these are
embodied in the Upanishad which were composed in the Later Vedic Period.
 Mauryan Empire
322 BC-187 BC

Foundation of Empire
The foundation of the Maurya Empire in 321 B.C. by Chandragupta Maurya was a unique event
in history.
Particularly in view of the fact that it was found shortly after Alexander’s victorious campaigns
in North-West India during 327 B.C. – 325 B.C.
There is no unanimity with regard to the ancestry of the Mauryas. The Puranas describe them as
Sudras and uprighteous probably due to the fact that the Mauryas were mostly patrons of
heterodox sects.
The Buddhist works (e.g. Mahavamsa and Mahavamshatika) have attempted to link the Mauryan
dynasty with the tribe of the Sakyas to which the Buddha belonged. In the Divyavadana,
Bindusara, the son of Chandragupta, is described as Kshatriya Murdabhishikta or annointed
Kshatriya.
According to the Buddhist writers, the region from which the Mauryas came was full of
peacocks (Mayura in Sanskrit and Mora in Pali), and hence they came to be known as the
Moriyas (Pali form of Mauryas). It is obvious from this that the Buddhists were trying to elevate
the social position of Asoka and his predecessors.
Jain tradition given in Hemachandra’s Parisisthaparvan relates Chandragupta as the son of a
daughter of the chief of a village of peacock-tamers (Mayura-Poshaka). The use of the term
‘Vrishala’ and ‘Kula-hina’ in the Mudrarakshasa of Vishakadatta for Chandragupta probably
means that Chandragupta was a mere upstart of an unknown family.
The Greek classical writers, such as Justin, describes Chandragupta Maurya as a man of humble
origin, but does not mention his exact caste. The Junagarh Rock Inscription of Rudradaman (150
A.D.) mentions the Vaisya Pusyagupta as the provincial governor of the Maurya king
Chandragupta. There is a reference to Pusyagupta being the brother-in-law of Chandragupta
which implies that the Mauryas may have been of Vaisya origin.
In conclusion, we can say that the Mauryas were of comparatively humble origin belonging to
the Moriya tribe and were certainly of a low caste.
Kautilya and Arthashastra:
Kautilya was the Prime Minister of Chandragupta Maurya. Chandragupta found the Mauryan
Empire with his help. Arthashastra was written by him. It is the most important source for
writing the history of the Mauryas and is divided into 15 adhikarnas or sections and 180
Prakaranas or subdivisions. It has about 6,000 slokas. The book was discovered by Shamasastri
in 1909 and ably translated by him.
It is a treatise on statecraft and public administration. Despite the controversy over its date and
authorship, its importance lies in the fact that it gives a clear and methodological analysis of
economic and political conditions of the Mauryan period.
The similarities between the administrative terms used in the Arthashastra and in the Asokan
edicts certainly suggests that the Mauryan rulers were acquainted with this work.As such his
Arthashastra provides useful and reliable information regarding the social and political
conditions as well as the Mauryan administration.
Mauryan Administration:
The establishment of the Mauryan empire in contrast to the earlier smaller kingdoms ushered in a
new form of government, that of a centralized empire.
The Mauryan Empire indicates the triumph of monarchy as a political system over tribal
republics. A study of the Arthasastra in conjunction with the edicts provides information
regarding the administrative structure.
At the centre of the structure was the king who had the power to enact laws. Kautilya advises the
King to promulgate dharma when the social order based on the varnas and ashramas (stages in
life) perishes.
The king is called by him dharmapravartaka or promulgator of the social order. There was a
council of ministers or mantri- parishad to advise the king and at times this may have acted as a
political check.
The Mauryan centralized monarchy became a paternal despotism under Ashoka. Ashoka in his
1st separate Edict (Dhauli and Jauguda) says “Savve Munisse Paja Mama”. (All men are my
children). The Mauryan king did not claim any divine origin yet they attempted to emphasize the
connection between kinship and divine power.
Council of Ministers:
The council of ministers or mantri-parishad advised the king and at times may have acted as a
political check. But the powers of the council were limited owing to the fact that it was the king
who appointed the ministers in the first instance. Three qualities of a minister that the Arthasastra
stresses are those of birth, integrity and intelligence.
There was no fixed numberforthe members of the council and it varied according to the need.
The Arthasastra lists the Chief Minister or the mahamantri and also distinguishes between the
ministers and the assembly of ministers (mantrinomantriparisadamca).
It would seem that the ministerial council or mantri-parisad, a small group of perhaps three or
four councillors, together with the Chief Minister, was selected to act as an inner council or a
close advisory body. It’s important members included the Purohita, Senapati (Commander-in-
chief), the Mahamantri and the Yuvaraja.
Amatyas:
Amatyas were some sort of administrative personnel or civil servants who filled the highest
administrative and judicial appointments. Their pay scales, service rules and method of payment
were clearly laid down. Their role and functions were very important, for all governmental work
proceeded from them.
Superintendent or Adhyaksha:
The Central administration was conducted by a highly skilled Superintendents or Adhyakshas
who looked after various departments. Kautilya in the second book of his Arthasastra,
Adhyakshaprachara, gives an account of the working of nearly 27 adhyaksas. Some of the
important officials are mentioned below.
The Akshapataladhyaksha was the Accountant-General who was in charge of the two offices of
currency and accounts. The Sitadhyaksha was the superintendent of the agriculture of crown
lands or government agricultural farms.
The Akaradhyaksha was the superintendent of mining and possessed scientific knowledge of
mines, metallurgy, gems and precious stones. Lavananyadhyaksha was the salt superintendent, as
the manufacture of salt was a government monopoly.
Navadhyaksha was the Superintendent of Ports who controlled traffic and transit by waterways.
The Panyadhyaksha was the controller of commerce who was in the charge of the control of
supply, purchase and sale of commodities.
The Sulkadhyaksa was the collector of customs and tolls. TheSuradhyaksha was the Superin-
tendent of Excise who controlled the manufacture and sale of liquor. Pautavadhyaksha was the
superintendent of weights and measures. The Lakshanadhyaksha was the superintendent of the
mint, etc.
Military and Espionage Department:
The army was often led by the king himself. It was only in the days of the last Maurya that we
find a Senapati overshadowing the king and transferring the allegiance of the troops to himself.
The army of Chandragupta, according to Pliny, included 6, 00,000 foot soldiers, 30,000 cavalry
and 9,000 elephants, besides chariots.
It was under the control of the Senapati under whom there were several adhyakshas of different
wings and units of the army such as those of infantry (Padadhyaksha), cavalry (asvadhyaksha),
war elephants (hastyadhyaksha), navy (navadhyaksha), chariots (rathadhyaksha), and armoury
(ayudhagaradhyaksha).
Kautilya classifies troops into the hereditary ones (Maula), the hired troops (bhritakas), troops
supplied by forest tribes (atavivala), and those furnished by the allies (mitravala). The first were
of primary importance and constituted the standing army of the king.
They were probably the troops referred to by Megasthenes in describing the fifth class, that of
the soldiers. Kautilya’s also talks about the salaries of different ranks of military commanders.
For example, the Senapati received a salary of 48,000 panas per annum.
Megasthenes describes the administration of the armed forces as comprising of six committees
with five members on each. The first committee was concerned with naval warfare, second
equivalent to the modern commissariat supervising the transport of war materials, third
supervising the infantry, the fourth supervising cavalry, the fifth was concerned with chariots and
the sixth supervised the elephant corps.
The espionage department was manned by guddhapurushas (secret agents) under the control of
mahamatyapasarpa, both stationary (Samsthan) and wandering (Sanchari). Officials formed the
personnel of this cadre.

Different types of agents, from recluses and students to householders and ‘poisonous’ girls
(vishkanyas) were employed. They correspond to the ‘overseers’ of Megasthenes and the
Pativedakas or special reporters and Pulisanis or king’s agent of Asokan edicts.
Revenue Department:
The central administration was conducted through a number of offices largely relating to the con-
trol of the revenue, and each under particular officer.
Sannidhata:
The treasurer was responsible for the storage of royal treasure, and of the state income both in
cash and kind.
Samaharta:
He was in charge of collection of revenue from various parts of the kingdom and looked after the
income and expenditure by supervising the works of the akshapataladhyaksha (Accountant
General). Sources of revenue as listed in the Arthasastra, include that of cities, land, mines,
forests, roads, tolls, fines licences, manufactured products, merchandise of various kinds and
precious stones.
Kautilya refers to some other kinds of income such as Senabhaktam, the punitive tax imposed by
the army on the region through which it passed, and Pindakara, a fixed commuted tax
contributed by the villages from time to time.
The Accountant-General kept the accounts both of the kingdom and the royal household. He was
assisted by a body of clerks (Karmikas). The chief source of revenue was the land tax which was
one-sixth to one-fourth of the produce and was collected by the revenue officer, agronomoi, who
measured the land, levied the tax and collected it.
The second major source of income was toll- tax which was imposed on all articles (except
grain, cattle and a few other items). This tax was approximately 10 percent. Shudras, artisans and
others who survived on manual labour had to work free for one day in each month.
Strabo mentions that craftsmen (except royal craftsmen), herdsmen and husbands men all paid
taxes. The king’s own estate or royal lands yielded income called sita. Two kinds of taxes, bali
and bhaga, are referred to in the Ashokan edicts.
The Rummindei Edict records that the village of Lumbini, where the Buddha was born, was
exempted from bali and was to pay only one eighth of the bhaga. Bhaga was levied on
agricultural produce and the cattle at the rate of one-sixth (Shadabhaga) whereas Bali was a
religious tribute. According to the Arthasastra, the Brahmins, women, children, armourers, sons
and the king’s men were exempted from paying tax.
Judicial and Police departments:
The King was the head of justice – the fountain head of law and all matters of grave
consequences were decided by him. Kautilya refers to the existence of two kinds of courts –
dharmasthiyas (dealing with civil matters) and kantakasodhanas (dealing criminal cases). There
were special courts in the cities and villages presided over by the pradesika, mahamatras and
rajukas. Kautilya mentions about the four sources of law.
They are dharma (sacred law), vyavahara (Usage), charitam (customs and precedents) and
rajasasana (royal proclamations). The Pradesika were the principal police officers, whose duty
was to investigate the crimes committed in the region within their jurisdiction. Police
headquarters were found in all principal centres.

There was a sthaniya in the midst of 800 villages, a dronamukha in 400 villages, a kharvatika in
200 villages and a sangrahana in 10 villages. The jail proper bandhanagara was different from
the police lock-up called Charaka.
Provincial and Local Administration:
Apart from the metropolitan area which was directly governed, the empire was divided into four
provinces, each under a prince or member of the royal family (Kumara and Aryaputra). Under
Asoka, there were four provinces: the Northern Province (Uttarapatha) with the capital at Taxila,
western province (Avantiratha) with the headquarters at Ujjain, eastern province (Prachyapatha)
with the centre at Tosali and the southern province (Dakshinapatha) with its capital as
Suvarnagiri.
The central province Magadha, with its capital at Pataliputra was also the headquarters of the
entire kingdom. The viceroy had the power to appoint some of his officials such as the
Mahamattas, who went on tour every five years.
The most important provinces such as Taxila and Ujjain were directly under the command of the
princes (Kumaras). Provinces were subdivided into districts for purposes of administration and
groups of officials were in charge of a district. The three major officials of the provinces were
thepradesika, the rajuka and the yukta.
The pradesika was in charge of the overall administration of a district – supervising the
collection of revenue and of maintaining law and order both in the rural areas and in the towns
within his district. The rajuka was responsible for surveying and assessing land.
Megasthenes probably referred them as agronomoiand they formed the backbone of the rural
administration. The yuktas appear to have been subordinate officials whose duties were largely
secretarial work and accounting.
There was an intermediate level of administration between the district level and that of the
village. The unit here was formed by a group of five or ten villages. The two important officials
concerned with the administration of this unit were the gopa and the sthanika.
The gopa worked as an accountant to the unit. His duties included the setting up of village
boundaries, keeping a census of the population of each village according to their tax-paying
capacity, their professions and their age, noting the livestock of each village, etc. The tax was
collected by the sthanika who worked directly under the Pradesika.
Village (grama) was the smallest unit of administration and enjoyed autonomy to a great extent.
Individual villages must have had their own set of officials who were directly responsible to the
gopas.

The head of the village was called gramika who was assisted by gram-viddhas or village elders.
Gramika was not a paid servant; he was chosen from amongst the village elders. He may have
supervised the tax collection of the village and other matters such as discipline and defence.
Municipal Administration:
The Arthasastra mentions the nagaraka or city superintendent who was responsible for the main-
tenance of law and order in the city. He was assisted by two subordinate officials, the gopa and
the sthanika. Asokan inscriptions mention the nagalaviyohalaka mahamattas and refer to them
largely in their judicial capacity.
In describing city administration, Megasthenes outlines a more elaborate system. According to
him, the officials were divided into six committees each with a membership of five. The first
committee was concerned with matters relating to industrial arts.
The second occupied it with the facilities to the foreigners. The third kept a register of births and
deaths both by way of a census and for purposes of taxation. The fourth committee was in charge
of matters of trade and commerce.
The fifth committee supervised the public sale of manufactured articles. The sixth committee
collected the tax on the articles sold, this being one-tenth of the purchase price.
Economic Condition:
The mainstay of the economy under the Mauryas was agriculture, though trade was becoming
increasingly more important. It would seem that cultivators formed a majority of the population
and taxes on agriculture were the main source of revenue.
Agriculture:
In some parts of the empire the gana sangha system with communal ownership of land
continued. There are also references to state-owned lands called sita lands, which were worked
under the supervision of the Sitadhyaksha either directly by hired labourers or they were leased
out to individual cultivators.
In the latter case, a share of the produce had to be paid to the state. In addition to these were
private owners of land who were required to pay taxes to the king. The village pastures were
largely held by the entire community.
In the fertile Gangetic plain a variety of taxes are mentioned such as bali, bhaga, shulka, kara,
etc. Megasthenes states that one-quarter of the produce had to be paid as tax. It is likely that this
was the figure in the fertile region around Pataliputra.
Most Sanskrit texts, on the other hand, lay down that not more than one-sixth of the produce
could be claimed by the king. It is very unlikely that a uniform tax was levied over the entire
areas as the fertility of the soil varied from region to region, and it varied from one-fourth to one-
sixth of the produce.
It was directly collected by the king’s officials from the individual cultivators without bringing in
intermediaries. In addition, the Arthasastra states that the amount of tax would also depend on
the nature of irrigation facilities and would range from one-fifth to one third.
The Rummindei inscription is the only Ashokan inscription which makes a precise reference to
taxation. Here Ashoka says that he had reduced the amount of bhaga (produce of the soil) to one-
eighth (atthabhagiya) as a concession to the people of the holy birth-place of the Buddha.
Another interesting fact which emerges from this inscription is that the king deals directly with
the question of exemption from land tribute. The village that were exempted from taxation was
called pariharaka, those that supplied soliders, ayudhiya, and those that paid their taxes in the
form of grain, cattle, gold or raw material was called kupya. There were also the villages that
supplied free services and dairy produce in lieu of taxes.
Other sources of Revenue:
The Arthasastra refers to a state monopoly of mines (khani), and the manufacture of salt and
wine. According to Megasthenes, shipbuilding and manufacture of arms were royal monopolies.
Slave labour was employed in the mines and factories.
The state was also the biggest trader and made arrangements to check adulteration, provided for
the correctness of weights and measures, and collection of tolls through officials like
Panyadhyaksa, Mudradhyaksa, Kosthagaradhyaksa, Pautvadhyaksa and Sulkadhyaksa, all of
them working under the Samaharta.
Megasthenes also refers to six boards of Astynomoi, some of which were entrusted with these
duties. The state derived its revenue from seven main heads (ayasarira) viz., durga (fortified
towns), rastra (country side), khani (mines) setu (buildings and gardens), vana (forest), vraja
(herds of cattle), and vanikpatha (roads of traffic).
Trade and Navigation:
There was a brisk internal trade among different regions, in various types of goods. External
trade was carried on with foreign countries, particularly with the Hellenic (Greek) world and
Burma to some extent. The main exports were different spices, pearls, diamonds, cotton textiles,
ivory works, conch shells, etc.,
The main imports consisted of horses, gold, glass, linen, etc. Balance of trade was very much in
favour of India. Trade was an important source of revenue which became a major earner in the
post-Mauryan period. The eighteen chief handicrafts of the time were organised in guilds called
srenis each under its president called pramukha and the alderman called jetthaka. Trade was
organised in merchant-guilds (sanghas and srenis). The sale of merchandise was strictly
regulated by the state and a toll tax of one- fifth of the value of the commodity was levied.
The percentages of profit to the merchants were fixed and excess profits went to the treasury.
The amount consisted of 5 per cent on local commodities and 10 per cent on foreign produce.
Commodities manufactured in the country were stamped at the place of manufacture, while those
that were brought in from foreign countries were stamped at the toll-gates. Since the toll-tax was
based on the value of the commodity it was probably paid in money and not in kind.
About the practice of usury, Megasthenes states that Indians neither put out money at usury, nor
know how to borrow. Kautilya deals with organized money lending in the Arthasastra. Fifteen
percent per annum appears to have been the average rate of interest on borrowed money.
A special commercial interest (vyavaharika) at 60 percent per annum was probably charged for
commercial activities involving sea voyages or lengthy travels. Greek sources speak of tax
evader being sentenced to capital punishment (kleptim totelos).
Trade routes in the Mauryan period followed either the main highways or the navigable rivers.
Sea trade was conducted both with the west and with the northern coast of Burma. The important
internal trade routes were the north to south-west route (from Sravasti to Pratisthana), the north
to south-east route (from Sravasti to Rajagriha) and the east-west route which followed the river
courses of the Ganges and the Yamuna. The Royal Highway from the north-west (in the region
of Taxila) to Pataliputra was considered the most important route.
This route extended eastwards along the Ganga to the port of Tamralipti. Tamluk (Tamralipti) on
the east coast and Broach and Soparaon the west coast were the most important sea-ports of India
in those times. The east coast sea route appears to have had heavier traffic. The state appears to
have had a considerable control over the ship building industry.
Crafts and Industries:
One of the more important results of the political unification of India under the Mauryas, and the
control of a strong centralized government was the impetus given to the various crafts.
Megasthenes refers to the artisans and craftsmen as the fourth class in his seven-fold division of
India society.
The Arthasastra lays down rules for artisans and craftsmen. They could either work
independently on their own or were organised in guilds. Of the two, the latter system was
preferred. In addition, the state also employed some artisans such as armourers, ship builders,
etc. who were exempted from tax but had to work in the state’s workshops.
Guilds of textile workers must have been prominent at this time as the Arthasastra mentions
several places in the country which specialised in textiles. Cotton fabrics were made at Madhura,
Aparanta, Kalinga, Kashi, Vanga, Vatsa and Mahisa. Vanga (East Bengal), Pundra (West
Bengal) and Suvarnakudya (in Assam) was famous for white and soft textile dukula, Kashi and
Pundra were noted for linen fabrics, kshauma, and Magadha was famous for patroma, a fabric
made from trees.
Guilds had to employ hired labour and it consisted of two categories, the karmakaras or the
bhritakas who were regarded as free labourers working for a regular wage and the dasas who
were slaves. Metallurgy, pottery, wood-work and stone-cutting were other prominent crafts and
industry prevalent during the Mauryan period.
Money Economy and Currency:
The use of currency, which began in the earlier period, became a fairly common feature of the
Maurya period because of the developed commerce. Money was not only used for trade; even the
government paid its officers in cash.
It seems that the punch-marked silver coins, which carry the symbols of the peacock, and the hill
and crescent, called pana, formed the imperial currency of the Mauryas. Copper punch-marked
coins were rare. Copper masika was the token curency and quarter pieces of masika was called
kakini. Kautilya refers to state officers in charge of coinage, the suvarnadhyaksa, the
laksanadhyaksa and the rupadarsaka.
 Gupta Empire
320 AD -550 AD

After centuries of political disintegration an empire came to be established in A.D. 319, under
the Guptas. Although the Gupta Empire was not as large as the Maurya Empire, it kept north
India politically united for more than a century, from A. D. 335 to 455.
The ancestry and early history of the Gupta family are little known, and have naturally given rise
to various speculations.
But very likely they were initially a family of landowners who acquired political control in the
region of Magadha and parts of eastern Uttar Pradesh. Uttar Pradesh seems to have been a more
important province for the Guptas than Bihar, because early Gupta coins and inscriptions have
been mainly found in that region.
Hence Uttar Pradesh seems to have been the place from where the Guptas operated and fanned
out in different directions. Probably with their centre of power at Prayag they spread in the
neighbouring regions. The Guptas were possibly the feudatories of the Kushanas in Uttar
Pradesh, and seem to have succeeded them without any wide time-lag.
The Guptas enjoyed certain material advantages. The centre of their operations lay in the fertile
land of Madhyadesha covering Bihar and Uttar Pradesh. They could exploit the iron ores of
central India and south Bihar. Further, they took advantage of their proximity to the areas in
north India which carried on silk trade with the Byzantine Empire.
On account of these favourable factors, the Guptas set up their rule over Anuganga (the middle
Gangetic basin), Prayag (modern Allahabad), Saket (modern Ayodhya) and Magadha. In course
of time this kingdom became an all-India empire.
Gupta Administration:
Unlike the Mauryas, the Guptas adopted such pompous titles as Parameshvara Maharajadhiraja,
Paramabhattaraka, etc., which imply the existence of lesser kings with considerable authority
within the empire. Besides, the Guptas added other epithets claiming for themselves super-
human qualities which raised them almost to the level of gods. In fact, in the Allahabad Pillar
Inscription, Samudragupta is referred to as a god dwelling on earth. Kingship was hereditary, but
royal power was limited by the absence of a firm practice of primogeniture.
Council of Ministers and other officials:
The Guptas continued the traditional machinery of bureaucratic administration but it was not as
elaborate as that of the Mauryas. The Mantri (chief-minister) stood at the head of civil
administration. Among other high imperial officers were included the Mahabaladikrta
(commander-in-chief), the Mahadandanayaka (general) and the Mahapratihara (chief of the
palace guards).
The Mahabaladhikrta, probably corresponding to the Mahasenapati of the Satavahana kings,
controlled a staff or subordinate officers such as the Mahashvapati (chief of cavalry),
Mahapilupati (officer in charge of elephants), Senapati and Baladhikrta. A high ranking official,
heard for the first time in the Gupta records was the Sandhivigrahika (the foreign minister).
A link between the central and the provincial administration under the Guptas is furnished by the
class of officers called Kumaramatyas and Ayuktas. The Kumaramatyas were the high officers
and the personal staff of the emperor and were appointed by the king in the home provinces and
possibly paid in cash. Recruitment was not confined to the upper varnas only and several offices
came to be combined in the hands of the same person, and posts became hereditary.
This naturally weakened the royal control. The Ayuktas were entrusted with the task of restoring
the wealth of kings conquered by the emperor and sometimes placed in charge of districts or
metropolitan towns.
Army:
The numerical strength of the Gupta army is not known. In contrast to the Mauryas, the Guptas
do not seem to have possessed a big organized army. Probably troops supplied by the feudatories
constituted the major portion of the Gupta military strength. Also, the Guptas did not enjoy a
monopoly of elephants and horses, which were essential ingredients of military machinery.
All this lead to the increasing dependence on feudatories, who wielded considerable authority at
least on the fringes of the empire. Chariots receded into the background, and cavalry came to the
forefront.
The Mahabaladhikrta (commander-in-chief) controlled a staff or subordinate officers as
mentioned above. The army was paid in cash and its needs were well looked after by an officer-
in-charge of stores called Ranabhandagarika.
Revenue Administration:
Land revenue was the main source of the state’s income besides the fines. In Samudragupta’s
time we hear of an officer Gopasramin working as Akshapataladhikrita whose duty was to enter
numerous matters in the accounts registers, recover royal dues, to check embezzlement and
recover fines.

Another prominent high official was Pustapala (record-keeper). The Gupta kings maintained a
regular department for the proper survey and measurement of land as well as for the collection of
land revenue.
Provinces, Districts and Villages:
The provinces or divisions called bhuktis were governed by Uparikas directly appointed by the
kings. The province was often divided into districts known as Vishayas which were ruled by
Kumaramatyas, Ayuktas or Vishayapatis. His appointment was made by the provincial
governors.
Gupta inscriptions from Bengal shows that the Municipal board – Adhisthanadhikarana
associated with itself renresentation from major local communities: the Nagarasresthi (guild
president), the chief merchant Sarthavaha, the chief artisan – Prathama Kulika and the chief
scribe – Prathama Kayastha. Besides them were the Pustapalas – officials whose work was to
manage and keep records.
The lowest unit of administration was the village. In eastern India, the vishayas were divided into
vithis, which again was divided into villages. The Gramapati or Gramadhyaksha was the village
headman. The Gupta inscriptions from north Bengal show that there were other units higher than
the villages such as the Rural Board – Asthakuladhikarana which comprised of the village elders
– Mahattaras and also included the village headman – Gramika and the householders Kutumbins
With the absence of any close supervision of the state, village affairs were now managed by the
leading local elements. No land transactions could be affected without their consent. The village
disputes were also settled by these bodies with the help of Grama-vriddhas or Mahattaras (village
elders). The town administration was carried on by the mayor of the city called Purapala.
Gupta Economy:
Agriculture:
The agricultural crops constituted the main resources which the society produced and the major
part of the revenue of the state came from the agriculture. It is argued by many scholars that the
state was the exclusive owner of the land. The most decisive argument in favour of the exclusive
state ownership of land is in the Paharpur copper plate inscription of Buddhagupta. It appears
that though the land was to all intents and purposes that of the peasants, the king claimed its
theoretical ownership.

Various types of land are mentioned in the inscriptions; land under cultivation was usually called
Kshetra, Khila was the uncultivable land, Aprahata was the jungle or forest land, Gopata Sarah
was the pasture land and Vasti was the habitable land.
Different land measures were known in different regions such as Nivartana, Kulyavapa and
Dronavapa. The importance of irrigation to help agriculture was recognized in India from the
earliest times. According to Narada, there are two kinds of dykes the bardhya which protected
the field from floods and the Khaya which served the purpose of irrigation.
The canals which were meant to prevent inundation were also mentioned by Amarasimha as
jalanirgamah. The tanks were variously called, according to their sizes, as the vapi, tadaga and
dirghula. Another method for irrigation was the use of ghati-yantra or araghatta.
Land Grants:
The sources of the Gupta period suggest that certain important changes were taking place in the
agrarian society. Feudal development surfaced under the Guptas with the grant of fiscal and
administrative concessions to priests and administrators. Started in the Deccan by the
Satavahanas, the practice became a regular affair in Gupta times.
Religious functionaries were granted land, free of tax, forever, and they were authorised to
collect from the peasants all the taxes which could have otherwise gone to the emperor.
Religious grants were of two types: Agrahara grants were meant for the Brahmanas which meant
to be perpetual, hereditary and tax-free, accompanied with the assignment of all land revenue.
The Devagrahara grants were made to secular parties such as writers and merchants, for the
purpose of repair and worship of temples. The secular grants were made to secular parties and
are evident from a grant made by the Uccakalpa dynasty.
According to it, two villages were bestowed as a mark of favour, in perpetuity with fiscal and
administrative rights upon a person called Pulindabhatta. Epigraphic evidence of land grants
made to officers for the administrative and military services is lacking, though such grants
cannot be ruled out.
In fact, certain designations of administrative officers such as bhagika and bhogapalika suggest
that some of the state officials may have been remunerated by land grants
Position of Peasantry:
The land grants paved the way for feudal development in India. Several inscriptions refer to the
emergence of serfdom, which meant that the peasants were attached to their land even when it
was given away. Thus in certain parts of the country the position of independent peasants were
under- mined, and they were reduced to serfs or semi-serfs. The repression of the peasantry was
also caused by the right of subinfeudation granted to the recipients of land grants.
They were often authorised to enjoy the land, to get it enjoyed, to cultivate it or get it cultivated.
The donated land could thus be assigned to tenants on certain terms. This also implied the
donee’s right to evict the tenants from their land. The practice of subinfeudation therefore
reduced the permanent tenants to the position of ten- ants-at-will. The position of peasants was
also undermined from the Gupta period onwards on account of the imposition of forced labour
(Vishti) and several new levies and taxes.
Crafts Production and Industry:
Crafts production covered a wide range of items. Texts like Amarakosha of Amarasimha and
Brihat Samhita which are generally dated to this period, list many items, give their Sanskrit
names and also mention different categories of craftsmen who manufactured them.
Many important sites like Taxila, Ahichchhatra, Mathura, Rajghat, Kausambi and Pataliputra
have yielded many craft products like earthen wares, terracottas, beads made of different stones,
objects of glass, items made of metals, etc.
Different varieties of silk, cloth, called Kshauma and Pattavastra are mentioned in the text of this
period. An inscription of fifth century from Mandasor in western Malwa refers to a guild of silk
weavers who had migrated from south Gujarat and settled in the Malwa region. Among the
various industries that flourished in the Gupta period, mining and metallurgy certainly occupied
the top position.
The Amarakosha gives a comprehensive list of metals. Of all the metals, iron was the most
useful, and blacksmiths were only next to the peasants in the rural community. The most
eloquent evidence of the high stage of development which metallurgy had attained in the Gupta
period is the Mehrauli iron pillar of King Chandra, usually identified as Chandragupta II.
Contemporary literature also testifies to the wide use of jewellery by the people of the time. A
significant development of the period in metal technology was the manufacture of seals and
statues, particularly of the Buddha.

Ivory work remained at a premium, as did stone cutting and carving, sculpture being very much
in favour at this time. The cutting, polishing and preparing of a variety of precious stones –
jasper, agate, carnelian, quartz, lapis – lazuli, etc., were also associated with foreign trade.
Pottery remained a basic part of industrial production, though the elegant black – polished ware
was no longer used, instead an ordinary red ware with a brownish slip was produced in large
quantities, some of it being made to look more opulent by the addition of mica in the clay which
gave the vessels a metallic finish.
Trade and Commerce:
There was not much material change in the trade routes, commercial organization, currency
systems, trade practices, etc. during the period. Like the previous phase, we have reference to
two types of merchants in the Gupta period, namely Sresthi who was usually settled at a
particular place and enjoyed an eminent position and the Sarthavaha who was a caravan trader.
The articles of internal trade included all sorts of commodities for everyday use, chiefly sold in
villages and town markets.
On the other hand, luxury goods formed the principal articles of long distance trade. Narada and
Brihaspati laid down many regulations to govern the trade practices of the time. Compared to the
earlier period, there was a decline in long-distance trade. Silk and spices were the chief Indian
export articles of Indo-Roman trade. But by the middle of the sixth century silk worms were
secretly brought overland from China and introduced into the Byzantine Empire. This produced
an adverse effect on India’s trade with the west.
Later, the expansion of the Arabs under the banner of Islam may have further disrupted India’s
trade. Indian merchants meanwhile had begun to rely more heavily on the South-East Asian
trade. The establishment of Indian trading stations in various parts of South-east Asia meant the
diversion of income to this region. The commercial prosperity of the Gupta era was the
concluding phase of the economic momentum which began in the preceding period.
Guilds, (nigama, sreni) continued as the major institution in the manufacture of goods and in
commercial enterprise. They remained almost autonomous in their internal organization, the
government respecting their laws which were generally drafted by a larger body, the corporation
of guilds, of which each guild was a member.
Each guild had a president called Prathama or Pravara. Some of the industrial guilds, such as the
silk weaver’s guilds had their own separate corporation which was responsible for large-scale
projects, such as endowments for building a temple, etc.

The Buddhist church or Sangha was by now rich enough to participate in commercial activities.
The rate of interest on loans varied according to the purpose for which money was required. The
high rates demanded during the Mauryan period on loans to be used for overseas trade were no
longer demanded, indicating an increased confidence in overseas trade. The average rate was
now twenty percent per annum as against two hundred and forty of the earlier period. The
lowering of the rate of interest also indicates the greater availability of goods and the consequent
decrease in rates of profit.
Commercial decline is indicated by the paucity of coins of common use. The Guptas issued the
largest number of gold coins (dinaras) in ancient India; but these hardly flowed into day-to-day
private economic relations. Copper and silver coins of the period are few. Fa-Hien tells us that
cowries became the common medium of exchange.
It is, therefore argued that economy in the Gupta period was largely based on self-sufficient units
of production in villages and towns, and that money economy was gradually becoming weaker at
this time.
Languishing trade explains the decline of urban centres at least in the Gangetic plains, which
formed the heartland of the Gupta Empire.
Social Developments:
Land grants to the brahmanas on a large scale suggest that the brahmana supremacy continued in
Gupta times. The term dvija was now beginning to be used increasingly for the brahmanas. The
greater the emphasis on brahmana purity the greater was the stress laid on the impurity of the
outcaste. The Varna system seems to have been considerably modified owing to the proliferation
of castes.
The khastriya caste swelled up with the influx of the Hunas and subsequently of the Gurjars who
joined their ranks as Rajputs. The increase in the number of shudra castes and untouchables was
largely due to the absorption of backward forest tribes into the settled Varna society. Often
guilds of craftsmen were transformed into castes.

It has been suggested that transfers of lands or land revenues gave rise to a new caste, that of the
kayasthas (scribes) who undermined the monopoly of the brahmanas as scribes. The position of
the shudras improved in this period and they were now permitted to listen to the epics and the
Puranas. They were also allowed to perform certain domestic rites which naturally brought fee to
the priests.
All this can be attributed to a change in the economic status of the shudras. The practice of
untouchability became more intense than in the earlier period. Penance was provided to remove
the sin arising out of touching a chandala.
Fa-Hien informs us that the chandala, entering the gate of a city or market place, would strike a
piece of wood to give prior notice of his arrival so that men could avoid him. The Varna system
did not always function smoothly. The Shanti Parva of the Mahabharata, which may be assigned
to the Gupta period, contains at least nine verses which stress the need of combination of the
brahmanas and the kshatriyas; these may indicate some kind of concerted opposition from the
vaishyas and shudras.
The Anushashana Parva of the Mahabharata represents the shudras as destroyer of the king. Most
of the legal texts of the period took the Dharmashastra of Manu as their basis and elaborated
upon it. A number of such works were written during this period, the best know being those of
Yajnavalkya, Narada, Brihaspati and Katyayana. The joint family system, which became an
essential feature of Hindu caste-society, was prevalent at the time.
Status of Women:
The status of women continued to decline. In a patriarchal set-up the men began to treat women
as items of property, so much so that a woman was expected to follow her husband to the next
world. The practice of sati (self-immolation at the funeral pyre of the husband) gained approval
of the jurists.
But it seems to have been confined to the upper classes. The first memorial of a saf/dated A.D.
510 is found at Eran in Madhya Pradesh. Lawgivers of the period, almost unanimously
advocated early marriage; some of them preferred even pre-puberty marriage. Celibacy was to be
strictly observed by widows.
Women were denied any right to property except for stridhana in the form of jewellery, gar-
ments, and similar other presents made to the bride on the occasion of her marriage. They were
not entitled to formal education.

In the Gupta period, like shudras, women were also allowed tolisten to epics and the Puranas,
and advised to worship Krishna. But women of higher orders did not have access to independent
sources of livelihood in pre-Gupta and Gupta times. The fact that women of the two lower varnas
were free to earn their livelihood gave them considerable freedom, which was denied to women
of the upper varnas.
Social life:
Prosperous town dwellers seem to have lived in comfort and ease. The Kamasutra describes the
life of a well-to-do citizen as one devoted to the pleasures and refinements of life. Theatrical
entertair- ment was popular both in court circles and outside. Dance performances and music
concerts were held mainly in the homes of the wealthy and the discerning.
Gambling, animal fights, athletics and gymnastics were an important part of sporting events.
Amusements of various kinds in which the general public participated were essential to the
various festivals, whether religious or secular.
Contrary to Fa-Hien’s statement that vegetarianism was customary in India, meat was commonly
eaten. Drinking of wine and the chewing of betel-leaf was a regular practice.
Culture of the Gupta Age:
The Gupta period is called the Golden Age of ancient India. This may not be true in the political
and socio-economic fields because of several unhappy developments during the period.
However, it is evident from the archaeological findings that the Guptas possessed a large amount
of gold, whatever might be its source, and they issued the largest number of gold coins.
Princes and richer people could divert a part of their income for the support of those engaged in
art and literature. Both Samudragupta and Chandragupta II were patrons of art and literature.
Samudragupta is represented on his coins playing the lute (veena) and Chandragupta II is
credited with maintaining in his court nine luminaries or great scholars. The Gupta period
witnessed Golden Age only in the fields of art, literature etc.
The last days of the Gupta Empire:
Skandagupta died about A.D. 467 and the line of succession after him is very uncertain.
Purugupta, a son of kumaragupta, ruled for some time and was succeeded by his son Budhagupta
whose earliest known date is A. D. 477 and the latest A.D. 495. He was succeeded by his brother
Narasimhagupta Baladitya.
A king named Kumaragupta II is known to have reigned in A.D. 474. This indicates internal
dissension which continued after the end of Budhagupta’s reign. He was succeeded by his son
and grandson, Kumaragupta III and Visnugupta – the three reigns covered the period A.D. 500-
550. Two otherkinos, Vainyagupta (A.D. 507) and Bhanugupta (A.D. 510) ruled in Samatataand
Nalandaand in Eran respectively. The Guptas continued to rule till about 550 A.D., but by then
their power had already become very insignificant.
Fall of the Empire:
The successors of Chandragupta II had to face an invasion by the Hunas from Central Asia in the
second half of the fifth century A.D. Although in the beginning, the Gupta king Skandagupta
tried effectively to stem the march of the Hunas into India; his successors proved to be weak and
could not cope with the Huna invaders. By 485 A.D. the Hunas occupied eastern Malwa and a
good portion of Central India. Thus, the Huna attacks caused a major blow to the Gupta authority
particularly in northern and western regions of the empire.
The Huna power was soon overthrown by Yashodharman of Malwa, who successfully
challenged the authority of the Guptas and set up, in 532 A.D., pillars of victory commemorating
his conquest of J almost the whole of northern India. Yashodharman’s rule was short-lived, but it
meant a severe blow to the Gupta Empire.
The policy adopted by the Guptas in the conquered areas was to restore the authority of local
chiefs or kings once they had accepted Gupta suzerainty. In fact, no efforts were made to impose
a strict and effective control over these regions. Hence it was natural that whenever there was a
crisis of succession or a weak monarchy within the Gupta Empire these local chiefs would re-
establish their independent authority.
Divisions within the imperial family, concentration of power in the hands of local chiefs or
governors, loose administrative structure of the empire, decline of foreign trade, growing
practice of land grants for religious and other purposes, etc. contributed towards the
disintegration of the Gupta Empire.
 Module 3
Dharma-Dharmasutras- Dharmasastras
The term dharma comes from the Sanskrit word „dhri’ meaning to uphold or to sustain and may
be translated as „religion‟, „law‟, „order‟, „duty‟, or „ethics‟. It stands for all the principles and
purposes, influences and institutions that shape the character of man both as an individual and as
a member of the society. It is the law of right living, and its observance safeguards both
happiness on earth and salvation. Dharma is a combination of ethics and religion, which
regulates the life of a Hindu. The laws of dharma consider the fasts and feasts, social and family
ties, personal habits and tastes.

Dharma is thus also the social order, one’s duty as part of a division of the society, a varna
(caste) or jati (birth group). The Rig Veda defines four varnas that emerge from parts of the body
of the divine being that created the universe. These include the Brahmins (priests), Kshatriyas
(warriors), Vaisyas (merchants), and the Sudras (servants). Each of the varnas serves God’s
creation in their own capacities. For example, priests by their spirituality, warriors by their
heroism, merchants by their skills, and servants by their service. When the different varnas fulfill
their respective duties, the society is considered to be just and in accordance with the dharma.
Correct action in accordance to dharma is understood as a service to humanity as well as to God.

Justice Rama Jois

'Dharma is a Sanskrit expression of the widest import. There is no corresponding word in any
other language. It would also be futile to attempt to give any definition of the word. It can only
be explained. It has a wide variety of meanings. A few of them would enable us to understand
the range of that expression. For instance, the word 'Dharma' is used to mean Justice (Nyaya),
what is right in a given circumstance, moral values of life, pious obligations of individuals,
righteous conduct in every sphere of activity, being helpful to other living beings, giving charity
to individuals in need of it or to a public cause or alms to the needy, natural qualities or
characteristics or properties of living beings and things, duty and law as also constitutional law.

Dharma sustains the society

Dharma maintains the social order
Dharma ensures well being and
progress of Humanity
Dharma is surely that which
fulfils these objectives
Dharma is that which sustains and ensures progress and welfare 'of all in this world and eternal
Bliss in the other world. Dharma is promulgated in the form of commands. (positive and
negative vidhi and nishedha)

Therefore, Dharma embraces every type of righteous conduct covering every aspect of life
essential for the sustenance and welfare of the individual and society and includes those rules
which guide and enable those who believe in God and heaven to attain moksha (eternal bliss).

ORIGIN OF DHARMA
Dharma was formulated as the solution to the eternal problems confronting the human race,
originating from natural human instincts.
In the above verse, analysing the human instinct, Manu states that the force behind every
action of a human being is his desire (kama). Then the next question was what were the natural
desires of man? The natural desire of man was found to be the desire to have enjoyment of
wealth ie., material pleasure (artha) as also emotional and sexual enjoyment. Artha is explained
by Vatsayana3 as connoting material wealth such as gold, cattle, com, including education or
knowledge (intellectual property) necessary to earn wealth. The source of all evil actions of
human beings was traced to the desire for material pleasure which in turn gave rise to conflict of
interests among individuals.
Further, it was found that the desire (kama) of human beings could also be influenced by
the other impulses inherent in human beings such as anger (krodha), passion (moha), greed
(lobha), infatuation (mada), and enmity (matsarya). These six natural impulses were considered
as six internal enemies of man (arishadvarga), which if allowed to act uncontrolled could
instigate him to entertain evil thoughts in the mind for fulfilling his own selfish desires and for
that purpose cause injury to others. Manu, on this basis, explained the causes of all civil and
criminal injuries inflicted by the action of one against the other.
Dharma or rules of righteous conduct was evolved as a. solution to this eternal problem arising
out of the natural instinct of man.

THE MESSAGE
Every individual should, by constant effort, regulate his mind, speech and action so that
he does not inflict any physical or mental injury or any pecuniary loss or damage on other
individuals.
It is a matter of common knowledge that in day-to-day life on account of greed and being
actuated one or more of the six enemies inherent in man namely: Kama (love/desire), Krodha
(anger), Lobha (greed), Moha (Passion), Mada (Infatuation) and Matsarya (enmity), a man
indulges in wrongs. To illustrate, a man commits theft to acquire money or any other moveable
property for gain. He indulges in cheating others or in corruption to acquire more money. For the
same purpose he commits robbery, or dacoity or even murder. Similarly to have sexual
enjoyment for a moment, man commits offences against women. By doing so he degrades
himself to the level of an animal, commits offence of rape and ruins the life of a woman or
commits adultery and ruins himself in every respect. On many occasions man does these acts
secretly thinking that no one knows or will come to know of these acts. But the fact remains that
the ATMA (Soul) within himself is an unavoidable witness. It is impossible for a human being to
commit any wrongful or sinful act without the knowledge of the Atma (Soul). As far as the Atma
is concerned, being part and parcel of Paramatma (the almighty God) it is incapable of
compromising with the wrong acts of a human being within whose body it resides for the time
being.

Dharma Sutras
One might wonder what exactly “Dharma Sutra” means and how it came about. It is a blend of
the two components ‘dharma’ and ‘sutra’. Therefore this blend obviously means ‘sutras’ dealing
with ‘dharma’ (Banerji 1). It is hard to define Dharma itself as it could be interpreted in many
ways. However, it is often understood as religion or moral code (Sekhar 1).Hence, I would say
that Dharma Sutras deal with directions about our domestic, social and religious lives.
The origin of Dharma Sutra, just like the many other ancient Indian literature, is veiled in
shadows. The Dharma Sutra is part of the Kalpa Sutras which is derived from the Vedas.
Therefore from this significance we can say that Dharma Sutra is also written during the Vedic
age. The Vedas have two different aspects, speculative and ritualistic (Banerji 7). Much later into
the Vedic age, literature becomes more focus on rites and rituals. As the civilization was
growing, this led to the preparation for shorter and easier manuals of these ritualistic works. In
the process of trying to do this, the Kalpa Sutras were composed. To distinguish heterogeneous
matters within the Kalpa Sutras, it was classified into three distinct classes. These were the
Śrauta which deals purely with Vedic rites, Grhya which deals with domestic rites performed
before the domestic fire and Dharma which deals principally with the rules of conduct and
Vyavahāra.
People tend to overlap and think that Grhya Sutra and Dharma Sutra deal with the same idea.
However, they do not deal with the same idea; instead they have a close comparison of the
contents within these sutras. Grhya Sutra deals absolutely with just the domestic rites and the
procedure of how one is supposed to go about doing the rites. Dharma Sutra not only deals on
the ‘law’ or righteousness but also on the broader stand about the conduct of men, secular law
(Vyavahāra) and duties of the king (rāja–dharma). Even then still, people wonder “What is the
reason of the overlapping of the contents of these two types of works in respect of certain rites,
e.g. upanayana, vivāha, etc (Banerji 10)?” The easiest response to this would be that, Grhya
Sutra really stresses on the procedure of the different rites and goes really into details. On the
other hand, Dharma Sutra accounts for the various customs and practices connected with these
rites excluding the details of procedure. Although some of the topics covered in both the sutras
are similar, they are both independent types of works apparently composed to serve different
purposes.
Before going any further into the details of the Dharma Sutras, we should know the differences
between Dharma Sutras and Dharma Sastras. Both of these texts are closely connected as both
deals with the same or allied topics (Banerji 2). Even then there are differences to be noted
between them. There are eight main points of differences; Form, Language, Divine Origin,
Arrangement of topics, Historical priority, and Affiliation. Form: majority of the work of
Dharma Sutras is composed in text intermixed with verse, however for the Dharma Sastras, it is
entirely in verse. Language: Dharma Sutras contains many outdated forms than the Dharma
Sastras. Affiliation to Vedic School: most of the Dharma Sutras betray some preference in the
quotations for certain Vedas or Vedic Schools whereas the Dharma Sastras do not (Banerji 2).
These are just some of the differences between Dharma Sutras and Dharma Sastras.
To this day, the only four remaining works which are related on the topic of Dharma are
the Āpastamba, Baudhāyana, Gautama and Vasistha (Olivelle)

3). Āpastamba and Baudhāyana are the only two Dharma Sutras that were brought down from
Kalpa Sutras (Olivelle 3). Majority of the work which dealt with dharma appeared to have been
composed during the Common Era.

The Āpastamba contains thirty praśnas (lit., “questions”) or books. Of these, the first 24
compromises of the Śrauta Sutra, 25-26 compromises of the collections of ritual formulas to be
used in domestic rites, 27 compromises of the Grhya Sutra, 28-29 compromises of the Dharma
Sutra and the final book on Śulva Sutra. The Āpastamba belongs to the Taittirīya branch of
the Black Yajurveda. It has been conserved better than the rest of the Dharma Sutras. This could
be proved by the only one surviving commentary of Haradatta (Olivelle 20). The laws of
the Āpastamba are very straight forward and strict as it is the oldest Dharma Sutras. It deals with
matters of civil law such as inheritance and brief sections on the orders of life. An example of a
law of the Āpastamba underlying the caste system is that: “If someone kills a Ksatriya, he should
give a thousand cows to erase the enmity, a hundred if he kills a Vaiśya, and ten if he kills a
Sudra.” (Olivelle 61)

The Gautama Dharma Sutra did not have any connection with the Kalpa Sutras. It was
composed as a separate thesis. Traditionally, the Gautama has been associated with
the Sāmaveda (Olivelle 116). This is proved in the book, the twenty-sixth chapter, where the
atonement is taken from the Sāmavidhāna Brāhmana which belongs to the Sāmaveda. Only one
of the two commentaries could be said is a useful source. That was by Maskarin; however the
other commentary by Haradatta is not really a useful source as he merely worked on what
Maskarin had wrote before. This would be plagiarism in today’s world. An example of a law of
the Gautamaunderlying the caste system is that: “If someone kills a Ksatriya, he should observe
the standard vow of chastity for six years and give a thousand cows together with a bull; if he
kills a Vaiśya, he should do so for three years and give a hundred cows together with a bull; and
if he kills a Śūdra, he should do so for one year and give ten cows together with a bull.” (Olivelle
175)
The Baudhāyana Dharma Sutra is also part of the Kalpa Sutras just like the Āpastamba.
Āpastamba was preserved really excellent compared to the rest of the Dharma Sutra;
however Baudhāyanatext was tampered around and inter-mixed a lot. Baudhāyanacontains more
detailed descriptions of rituals- sacrifices, twilight worship, bathing, quenching libations than
any other Dharma Sutras (Olivelle 191). An example of a law of the Baudhāyana underlying the
outcaste system is that: “When someone associates with an outcaste- not, however, by officiating
at his sacrifices, by teaching him, or by contracting a marriage with him- but by traveling in the
same vehicle or sitting on the same seat as he, or by eating together with him, he himself
becomes an outcaste within a year.” (Olivelle 249)

The Vasistha Dharma Sutra, just like the Gautama Dharma Sutra, did not have any connection
with the Kalpa Sutras. It also came down as a separate text. Traditionally, Vasistha has been
associated with the Rgveda (Olivelle 346). It does not have a strong ancient commentary to prove
its work; therefore, Vasistha Dharma Sutra might also have addition of works from different
people over time. The Vasistharepresents a trasitional phase from the prose Dharma Sutras to the
verse Smrtis (Olivelle 346). An example of a law of the Vasistha is that: “If someone kills a
Ksatriya, he should do the same for eight years; if he kills a Vaiśya, for six years; and if he kills a
Sudra, for three years.” (Olivelle 435)

The Dharma Sutras were not really investigated well in Hindu studies in the past. It has limited
sources and commentaries notes to prove its accurate date and existence. However, from the
following books of sources, which guided me through this article, the related websites which
gave me some knowledge on this topic, Dharma Sutras is indeed a wide text. From the four
remaining Dharma Sutras, Āpastamba, Gautama, Vasistha and Baudhāyana we can see similar
laws but phrased in different ways. The punishment for the same concept of sin done is different
or phrased differently within the Dharma Sutras. Therefore one has to read and understand the
different Dharma Sutras in general and also in detail.

KAUTILYA ARTHASASTRA
Though Arthasastra of Kautilya does not fall in the category of Dharma Sastras, it is the most
important and a masterly treatise on statecraft. The author of this great work is Chankya or
Kautilya who was the Prime minister of the Magadha Empire during the reign of Chandra
Maurya. This is work of great interest and value. In the preamble to the Arthasasta, the author
has stated that it is being written as a compendium of almost all the Arthasastra composed till
then by ancient authors, and undoubtedly Chanakya ha same it an encyclopedia of statecraft and
legal system for the guidance of all concerned. Chandragupta Maurya became the King in 322
BC. And his son Bindusara ascended the throne in 298 BC. It is during this period that Chanakya
lived and wrote this famous work, sometime between 322 BC and 300 BC. It is necessary to set
out the contents of the fifteen parts or books of his Arthasastra to give and idea at a glance about
the extent of the subject matter covered by Kautilya on various topics relating to law,
constitutional law and other affairs of the state. It has 15 books, 150 chapters and 180 topics.
Chapters:
1. Education, training and discipline to be imparted to a king to equip him to discharge his
onerous responsibilities ably and efficiently, such as appointment of ministers and other
officers of the State and other matters relating to its administration.
2. Duties of various executive officers of the State
3. Law and its administration
4. Suppression of crime
5. Miscellaneous matters-such as steps to be taken in emergencies, pay scales for state
officers, duty of Chief Minister for ensuring continuity of the rule on the demise of king
etc.,
6. Seven constituents of State-Rajamandala-for discussion of state’s relations with
neighbors.
7. Foreign policy
8. Methods to overcome various calamities to the State
9. Military code- kinds of troops to be mobilized for an expedition and proper seasons for
the expedition and precautions to be taken.
10. Fighting methodology-at war
11. Steps to be taken by a would be conquer.
12. Designs to be adopted by a weaker king when threatened by strong king
13. Conquest of the enemy by various methods.
14. Remedies and plans to be adopted in getting rid of enemies or traitors
15. Object of and purpose achieved by Arthasastra

DHARMASASTRAS
Dharmasastras are considered as the important religious texts in Hindu literature. They are the
perfect guidelines to the people in the Hindu society regarding how to perform their duties well
in their entire life. They are regarded as the science of social activities. Dharma sastra are
considered as smritis which means that “what is remembered “or “followed by our ancestors.”
The Vedas, Upanishads are considered as the Shruthis which means that “what is heard”. The
first dharmasastra i.e., Manu dharmasastra is composed between 200BC-200AD. There is no
exact period of time about which they are followed.

Basically, there are three dharma sastras which tell us about various things relating to ancient
society. Those sastras lay a way to a better society. Every sastra is dealing with various rules and
regulations for the better wellbeing of the ancient society and according to their traditions and
customs. The three dharmasastra are 1) Manu dharmasastra, 2) Yagnavalkya sastra, 3) Naradiya
dharma sastra

Manudharma sastra is the most important dharma sastra which was written by Manu. It all talks
about the way of living of an individual and also the secrets of the creation of the universe. The
way of living in the sense it talks about all the way from his birth to death. It talks about the way
of living of the people belonging to all the four classes in the society. It talks about the education,
marriage, and life after marriage and everything which an individual will go through his entire
life.

The Yagnavalkya sastra is like a shorter version of Manudharma sastra. it contains the same
thing which is having in Manudharma sastra but in a shorter form and easy to understand. The
main topic highlighted in this sastra is the procedure of courts. Yagnavalkya dharmasastra is the
most important law book next to Manu dharma sastra. Yagnavalkya with its most celebrated
commentary, the Mitaksara by Vijananesvara.

In Naradiya dharmasastra deals with substantive laws and procedural laws, submission of
agreements and such kind of things. It is like a minor upgrade to Yagnavalkya dharmasastra

MANU DHARAMASASTRA

The laws of Manu or the Manudharmasastra also known as Manu Smriti is the first dharma
sastra composed by Manu for the benefit of the Hindu society. The Manu smriti clearly explains
the strict rules and regulations for many aspects of Hindu society. The Manu dharmasastra is
created or composed between 200BC-200AD.

The literature of Manu dharmasastra is divided into 12 chapters(adhyayas). They are:

1) The Prolegomenon
2) Sources of law and laws on birth and celibacy
3) Marriages and household
4) Code of conduct for brahmin
5) Condemned food, commended meat, purifications and duties of housewives
6) Vanaprastha and sanyasa
7) Kings and kingdoms
8) The judicature
9) Matrimonial relations, paternity leviration and inheritance
10) Law in times of adversity
11) Sins and atonements
12) Law of karma and rebirth

Manu dharmasastra is also called as Manava dharma sastras. It also consists of 2694 verses.
Nearly seventy percent of the Manu smriti is copied from Kautilyas Arthasastra. Manu copied
the same because Kautilyas who is also a brahmin created the artha sastra for the benefit of the
Hindu society. So, manu moulded the Arthasastra according to the 200BC ‘s hindhu society for
their own benefit. It is said that the Manu dharmasastra is composed by three different Manu
they are Swayambu manu, vrridha manu and pracheta manu. They completely misinterpreted the
ideology of first Manu in which there is no discrimination among the divisions.

This literature has a systematic and strong collections of rules. Manu dharmasastra clearly
mentioned every aspect. So, there will be no need of referring to the old texts

THE ORIGIN OF MANU DHARMA SASTRA:

Though there are dharma sutras, Manu dharma sastras is composed for the benefit of the two
brahmin dynasties i.e., the northern dynasty – Pushyamitra sugana and the southern dynasty -
Sathavahana. After the down fall of Mauryan Empire, a brahmin military commander
Pushyamitra Sunga established the kingdom. And the whole Indian empire is divided into two
dynasties.

THE PROLEGOMENON

In this chapter manu clearly explains the main concepts such as origin of universe, how the
universe is created, origin of law, the cosmogenesis and talks about sole, body of brahma, origin
of classes. The following are some of the concepts which are explained by the Manu.

1) Origin law:
Many of the people claimed that when there is a question on from where did the law
originated, it was said that manu is the original authority of law. It was said that
dharmasastras have never relied on any legislative authority for laying down the law. It is
considered that manu is the first man on the earth who knows the law in his own right and
it is the natural power given to the rishis to reach manu in quest of law. It affirmed that
manu has been disciplined in law by the creator. Law is formed by the gradual
interpretation by the rishis or a brahmin in times of disputes or any doubts. There is a
quotation that “law in not the matter of creation it is just an idea in conception and
cognition.”
2) Origin of classes of the society:
Wisdom, valor, wealth and work are the four integral functions of the society and the
same are distinctly performed by each of the four named classes in the society. The
human body itself demonstrated this classification. The head, consisting of mind, mouth
and speech, is the apex function of the body. The hands in the body are employed for the
defense or the self-preservation. The belly or the stomach juxtaposed above the thighs is
given to discharging the function of nourishment of the body. Finally legs to carry the
body. So here the mouth is the brahmin in the body, the hands are the kshatriya, the belly
is the Vaishya and the feet are the sudras, altogether assembled in the organism.
In the early Vedic society the above comparison is done by the first manu but not by the origin.
Manu dharma sastra is clearly stating that the world is created only for the benefit of the
brahmins. This is how the discrimination started. There is also clear explanation regarding the
brahmins activities their supremacy. All the above information is quoted, to show that the
brahmins are superior than other three classes.

SOURCES OF LAW AND LAWS ON BIRTH AND CELIBACY

This chapter mainly speaks about the definition of dharma and sources of dharma. It is explained
because to restore all the old practices.

In the manu smriti it is mentioned that “Desires are not good, yet desires there are, and study
of the Vedas and adherence to law is alone desirable.” The rule has mentioned that only
things desirable to know is the law or the dharma and it is practiced. A person having
determination itself is the root cause for determination. And there will be no action by a man
without desire.

1) The five sources of law:

 The veda: The vedas are considerd as the eternal word of god and not made by an
ordinary human. So, being a direct word of the god, they are inevitable to be
followed. They are considered of root of law and have explained the cosmic law.
 The smritis: The has been described as shruthis and whereas all the dharma sastra
have been described as smritis. All the smritis have almost a common theme and
each of them are considered as code of law.
 Sheel: In the masculine sense the word sheel is known as decency or decorum and
in the feminine sense it means modesty. Kullook bhatt in his rule defined sheel as
‘Brahmanyata’ which means submission to brahmin.
 Conduct of sadhus: The word sadhu mean a pious man, which is an upright man,
never deflects from duties. Their code of conduct is to be followed by everyone in
the society. That practice became a source.
 Manah thushti: It literally means self-contentedness, or the equilibrium of mind,
when there is no conflict within one self.
2) Naming ceremony:
A child is given a name on the tenth or the twelfth day since birth at a time and date and
which falls under auspicious stars. While naming a person name should contain a
surname such that it should contain different surnames according to the class to which the
parent of the child belongs to. They are:

 Brahmana : sharma
 Kshatriya: singh
 Vaishya: nath or kanth
  Sudras: das

There are specific rules regarding how to name a female child i.e., the name must be
charming, sonorous, or else full of bliss and having a vowel in the end. The above is
mentioned so, as to show the exact discrimination among the members of the classes.

3) Scared thread ceremony or the upanayana:

The sons of twice born (the term twice born is clearly explained in yagnavalkya sastra)
must observe the sacred thread ceremony. There are three different modes in wearing the
sacred thread i.e., in three different directions. This ceremony is crucial for the twice
born, because a boy after attaining certain age cannot be retained at home and has to be
sent for education near rishis. The ages of a child at which this to be conducted is, for:

 Brahmin: 8 years
 Kshatriya: 11 years
 Vaishya: 12 years

This is not to be done by the sons of sudra class. If the above period is curtailed, valuable part of
the study id lost and the student shall not be a perfect graduate.

In this chapter Manu has given clarifications about all the other aspects like proper dressing
while begging, proper haircut, ways to respect elders, respect towards gurus or the students code
of conduct towards their respective gurus.

MARRIEGES AND HOUSEHOLD

In this chapter Manu mainly mentions about the rules and regulations in the marriage which to be
followed by members of the society. And also what are the works to be performed by a
householder. Whilebefore getting married, both the families has to check whether the one who is
coming into the family fits into that particular family or not.

He particularly mentions the qualities of a person whether then person is eligible to marriage
and his respect towards his wife. In this there are separate rules regarding about the fourth
division marriages, and what are the rituals to be followed before marrying a sudra men or
women. Here Manu explains the word “putrika”.1According to him means when a person does
not have a son but has adopted his daughter’s son and such relation is known as putrika.
And a putrika is unfit for marriage. Here brahmins are allowed to marry a woman of lower class.
It is considered to be unlawful a brahmin or the kshatriya to get married to a sudra women.
Marrying a girl of higher by a lower class is illegal.

In this chapter Manu explains the term “Shraddha” which is a ceremony to be performed by man
to his departed father by means of offering of cooked food. Manu also explained the the
worships to be performed and requirements to the worship and what if in the asbsence of those
requirements.

POSITION OF WOMEN:

The women were worshiped a lot in times of the Manu as same as in time of the later Vedic
society. A woman as a mother is given more importance. In the position of a wife or the mother
she is treated as goddess. It is the fundamental faith in the society that honour to women brings
prosperity whereas dishonour brings them sufferings. If the daughters are dishonoured, condemn
and curse the household which gets destroyed wholly by occult forces.

There that an unhappy wife cannot create happiness to husband and unhappiness of husband
destroys the progeny. Wife should take the meal after the husband takes the meal.

CODE OF CONDUCT FOR BRAHMIN

In this chapter Manu mentions the list of the activities to be performed by the brahmin in his
daily routine. Some of them are qualities of best brahmin, one shouldavoid physical strain,
yajnas and yagas to be performed to be performed. Even Manu precisely mentioned about the
food which is to be taken by brahmin. Manu imposed many injunctions on the code of conduct of
brahmin. This done so because the brahmin can do their work in right way with out any
disturbances. He mentions the types of gifts which to be received by a brahmin after performing
yagnas. These are all mentioned because the brahmins can perform their duties well without any
disturbances.

CHAPTER5: CONDEMNED FOOD, COMMENDED MEAT, PURIFICATIONS AND

DUTIES OF HOUSE WIFES.

In this chapter Manu precisely mentions the food in terms which are to be taken a person.
According to him a twice born need not to take garlic, onion, carrot, leek and thing bred under
impurities. He says that there are different kinds of food which are to be taken by different class
of brahmins.
 According to the given information in Manu smriti, it clearly mentions about he sacrifices i.e.,
animal sacrifices while performing yagas.2 There some exceptions for killing of animals which
are not accepted by Manu. And some food items are also used in yagas.

VANPRASTHA AND SANYASA.

In this chapter Manu explains about the rules and code of conduct of a brahmin in hermitages
and code of conduct of person when a person seeks sanyasa. The type of food that need to be
taken and how the life ends, what are the steps to be followed to attain kaivalya. Manu mentions
the type of tools or the properties to be used by sanyasa.

KINGS AND KINGDOM.

This chapter deals with the law relating to kings and kingdom.

The prime duty of king is to protect his subjects and administer with justice. A person born in
kshatriya class and duly ceremonies with his sacred thread, becomes eligible for kingship.

There is line mentioned that “In a state of anarchy, since people were retreating out of fear in all
directions, good created the king to protect them.” This is recognised as the representative of god
or god created king. This is treated like a god. As the kings role is very high in the process of
administration.

In this chapter Manu explained how the states have originated.

And different theories regarding that the word of king is considered treated final and supreme.

 The king is given ultimate power and he is allowed to assume any rule and try any advice
for vindication of dharma.3

The violation of any word of king lead to the punishment i.e., dhanda

The controls the kingdom and his subjects with the instrument of dhanda.

With dhanda the maintains peace and tranquillity in society. Dhanda protects everything.
They should adore to the words of brahmin. As the brahmins are the final authority in the matters
of law and the king must bow to the authority of the law.

 The brahmins have the power to impeachment thee king. Impeach in the sense removal of
king from the throne. If a king misbehaves within view of a brahmin, the brahmin can at
once impeach him and ordain not only with his removal but also spell to other
misfortunes.4 This rule is because if the king doesn’t respect or follow the words of a
brahmin, the brahmin can use this power.
 The king must practice yoga.5

As mentioned in kautilyas arthasastra the king should appoint a good brahmin for advises. So,
that king to the words of brahmin. But this rule says that advice of ministers are not binding on
himand it is according to his own discretion. Th eking must also appoint priest for with whom he
can perform his rituals or the rites.

Manu also mention the kinds of forts in which the king can reside. Each fort has different types
strategies for the purpose of defence.

The main king’s duty is that the king should never decline the invitation for war whether the
opponent is equal to him or inferior or superior to him. There is a saying that war always leads to
heaven. There are many laws explained about what are need to be followed by a king in the
times of war.

 The king shall protect the inherited property of a minor, until he returned from his
teachers’ house or until he ceased to be minor.
 The king must take care of and protect the property of women who have none to look
after them, if they be childless or widows, or whose husbands have gone abroad and yet
remain loyal to their husbands, or who are afflicted with disease or who have no family. 6
 The king should cause restoration of stolen property to the owner. If it is not possible to
restore the same property he must pay the owner the price of the stolen property. This is
also mentioned in kautilyas arthasastra.
 The king should impose the penalty impartially to the wrongdoers.

ADMINISTRATION:
In the police administration, there must be an administrator for one or two villages, and then a
superior administrator for each group of five, and then of hundred villages each. It is given that
there must be a head, thereafter independent governors should be appointed for each unit of ten,
hundred and one thousand villages. This is with reference to the civil administration, in
contradistinction to the police administration stipulated in the preceding rule.

There are many other officials excluding the ministers who are directly appointed by the king.
They are there for collecting taxes and get their salary from the taxes itself. In addition to the
local administrators there is a chief appointed to each group in the villages collectively and he
has been designated as adhipathi.

As mentioned in the Kautilyas Arthasastra there is also a spy system on each and every level
officer. So, there will be check on every other activity.

IMPOSITION OF TAXES:

Taxation is one of the ways in which the king protects his subjects. There are many kinds of
taxes which are imposed to the members of the society. But there is no tax for brahmin to pay. If
brahmin adopted any other lower division activity there are taxes imposed on him but that is very
low when compared to men of the same classes.

In case of commercial taxes, the rate of tax must take into consideration the cost of manufacture
and the cost of placing then into the market, including expenses incurred on their transport and
preservation.7 The rule says that there must be moderate taxes and taxes are important for the
revenue and welfare of the kingdom.

The commercial taxes on the commodity should not exceed one-fiftieth part of the profit
whereas in case of agriculture, it can be fixed somewhere between sixth, eighth or twelfth
portion of the produce. Tax on wood, meat, honey, ghee, incense, herbs, essence, fruits, roots and
flowers, can extend to one sixth of the profit. But the above list is not permanent rather it is
exhaustive. Persons, who don’t themselves own some industry but are engaged in vending things
produced by others, should be taxed nominally.

STRATEGIES OF KING:
The king must have thorough knowledge of the neighbouring kings. All kingdoms must have
five constituents, namely, the minister, the territory, the fort, the treasury and the army and all
these variations can be summed up as seventy-two variations.

There are four known methods for executing a design, namely, the sama, dama, danda, and
bheda,8( the four-fold diplomacy)

 Sama: settlement trough way of negotiation with the opposite party.

 Dama: the opposite party may be pacified by payment of monetary consideration.
 Danda: operating the other party through physical force.
 Bheda: it is simple deception, consisting of misrepresentation to and suppression of the
truth from the other party, and inducing him accord his consent by hook or crook

There are many strategies to be followed while war, same as kautilyas arthasastra he mentioned
the season for war. As the same followed he mentioned about the padhmavyuha.

PUNISHMENTS:

Here is the list of punishments for the different crimes:

 There will be lighter penalty for offence committed out of negligence. For example, if a
person forcibly occupies a house, a tank, garden or a field, shall be fined 500 panas. A
fine of 200 panas shall be imposed if the same act was committed out of negligence or by
mistake. Any person can slay without hesitation an atatayi (assassin) who approaches him
with murders intent, whether the assassin is one’s own teacher, a minor, an aged man or a
brahmin well versed in the vedas. By killing an assassin, the slayer commits no offence.
This very similar to as mentioned in kautilyas arthasastra.
 On the men who commits adultery with the wives of others, the king shall impose such
heavy punishments which would cause terror, and he must also banish them.
 Any person who fails to render assistance according to his ability when a village is being
plundered, a dike is being destroyed or a highway robbery is being committed, shall be
banished with his goods and chattel.
 If a person who forcibly entry into royal store house shall be sentenced to death. Even the
death sentence is given to the person who robs in the king’s treasury or if he conspires
against king.
 Even there is punishments given when the witness is given wrong evidence.
 The officers who are appointed by the king are also liable in the same way as the thieves
if they fail to recuse the public or unable to perform their duties.
According to Manu a person who cheats by various methods is also considered as offence. Even
for a physician there are also punishments if he misbehaves whit his patients.

If a person damages another person’s property should pay fine which amounts damage to the
owner and also to the king.

EVIDENCES:

The king, mechanics, actors, persons, engaged in religious ceremonies, students of the vedas or
one who has renounced the world, should not be called upon to give evidence as witnesses.

Manu explained that who can be examined as witness with the following qualities:

Trust worthy householders and citizens of the country belonging to any caste may be examined
as witnesses by parties to a suit.

As mentioned in the Kautilyas Arthasastra, in the cases of violence, theft, adultery, defamation
and assault, the king must not examine the competence witness strictly.

 A woman cold give evidence for another woman and a person belonging to a particular
caste could give evidence in favour of litigants of his own caste. So, by this we can say
that a woman is not barred from giving witness for other caste women.

Some qualities of a man can make him disqualified as witness, they are:

1. A person who is slave, who is of bad reputation, an extremely old person, a minor, a
person who is deficient in one of the sense organs, one belonging to the lowest caste like
the robber tribes, are all disqualified.
2. An extremely grived person, one under intoxication, a lunatic, a thief, a man of extreme
anger.

JUDICIARY AND COURT SYSTEM:

Administration of justice is one of the most important and obligatory functions of the king.

In the king’s court (it has both original and appellate jurisdiction) there can be a good Brahmin
who is appointed by the king, if it fails provide justice the appeal shall lies in chief justice court(
it has both appellate and original jurisdiction) and this court consist of a jury of 3 or 4 judges in
which one of them is a Brahmin and the one among them is chief justice.

If all the above courts fail to provide justice onecan approach to the legal assembly which
consist of ten members. The same is mentioned in the dharma sutras.

The justice has to be administered in accordance with the legal rules which fell under the
following four heads
 1. Sacred law: dharma imposed according to the literature. But brahmins can change this
according to their own convenience.
2. Secular law:( vyavahara)
3. Customs: according to the customs and traditions followed.
4. Royal command: this is same as precedents or this may be according to the king’s
discretion

If all the above has no clarification regarding to a particular case, then the cases can be finalized
according to the customs of particular Jana padas, guilds, castes, families.

There is provision saying that the king should collect five percent of the valu of the amount
decreed in a case where the defendant admitted the liability and ten percent of the value of the
amount decreed where the suit is decreed after contest.

If a king imposes punishment or the penalty on those who are innocent or imposes unjust
punishment, he brings on himself great infamy and after death sinks to hell.

YAGNAVALKYA DHARMASASTRA

Next to Manu dharma sastra yagnavalkya is the most important smriti.This text is made in the
2nd-5th century of common era in gupta period. This smriti consists of 1010 slokas or stanzas.
The content of yagnavalkya smriti is divided into three books. They are;1) ACHARA: traditions
and customs or the moral code, 2) VYAVAHARA: the civil law or the legal process, 3)
PRAYASCHITTA: wrong doing and discipline, repentance.

1) ACHARA KANDA consists of 368 stanzas.

2) VYAVAHARA KANDA consists of 307 stanzas.
3) PRAYASCHITTA KANDA consists of 335 stanzas.

The whole ACHARA KANDA is divided into 13 chapters. The commentary of vijananesvara
under the name of Mitaksara is widely accepted as authoritative by the Hindus of the most
provinces in India.

The first chapter of yagnavalkya sastra contains, the sources of the Hindu law. according to the
yagnavalkya the sources of Vedas are fourteen in number. They are; the four Vedas (i.e., rig
veda, sama veda, Yajur Veda, atharvana Veda),the six vedangas(i.e., phonetics, liturgy,
grammar, the lexion, astronomy and the prosody- and logic, the exegetics, the puranas and the
dharmasastra.

The second chapter deals with the brahmachari prakarana. Yagnavalkya mentions that there are
ten sacraments of the Hindus and. He doesn’t give any information about the ceremonies to be
performed. The third chapter is on marriage deserves careful study to ethnologists, for no student
of evolution of marriage can afford to neglect it. The fourth chapter on castes. The tenth chapter
is on sraddha. This is very important chapter, not only to the antiquarian, but also to the
practicing lawyers in India. The last chapter is very difficult to understand without studying the
Arthasastra.

THE ORIGIN OF THE YAGNAVALKYA SASTRA:

The date of composition of Yagnavalkya sastra is very difficult to ascertain. The age of this code
this smriti cannot be fixed certainly. But it is of considerable antiquity, as it is proven in the
passages from it being found on the inscriptions in every part of india, it is dated that in the tenth
and eleventh centuries after Christ.

In addition to this, the passages from yajnavalkya are found in the panchatanthra, this indicates
us that is composed in the fifth century, and it is probable even that it may have originated at a
much more remote period. It seems however, that it is not earlier that the second century of the
Christian era, since professor Wilson supposes the name of a certain muni, nanaka, which name
is found in yajnavalkya sastra, originated about that time.

ACHARA KANDA

In this chapter the yagnavalkya tells the rites all the three the four divisions of the society i.e.,
the brahmanas, kshatriyas,vaisyas and the sudras. All their rites from their conception
(garbahdhanam) to the death (sraddha) are performed with the recitation of mantras.

Namakarnam take place in the eleventh day after the birth. Nishkramanam in the fourth month.
Anna prasanam in the sixth month and chudhakaranam should be performed according to the
practices of the family.

POSITION OF WOMEN OR THE IMPORTANCE GIVEN TO THE WOMEN:

The women were same importance as in vedic society, but under some rules and restrictions.
Some them are:

If a women commits adultery mentally she gets purified with her menses, renunciation of a
woman is very much prescribed, if she conceives by associationg with a low caste man. The
woman whon doesn’t see any other man whether her husband is alive or dead will get high
respect from everyone in the society. If a husband suddenly dies and if the wife is skilful in
 work, and has given birth to the heroic sons is said to be given one third of the husbands
property and maintenance if at all he is poor.

A wife must show high respect towards his husband it is the highest duty of a wife ; but she
needs to await for the period of purification. Yagnavalkya clearly mentioned the time at
which a husband to participate in the intercourse. He also mentioned that a husband should
know his wife for the purpose of procreating sons and maintain her for the religious
purposes.

In this chapter (achara kanda)yagnavalkya also mentions the duties of king, how they need to
be performed and kinds of punishments to be awarded by the king to the wrong doers.

YAVAHARA KANDA

This chapter deals with the laws regulations in general. In this chapter yagnavalkya mentions the
duties of king in his administration how to award the punishments for different kinds of wrong
activities.

THE DUTIES OF A KING IN ADMINISTRATION:

According to yagnavalkya the duties of king are:

 The king should appoint his own persons who have more knowledge regarding
Vedas, who is well versed laws of morality, truthful and impartial towards friends
and foes.
 If king is unable to look after the administration of justice, he can appoint a
brahmana who has the knowledge regarding all the religious duties.
 In case of denial by the defendant, if the claimis established by the plaintiff by
evidence then the defendant must pay the amount to which he is sued for and the
equal amount to the king.
 In the case of using abusive language or the destruction caused due to poisoned
weapons, one can bring a counter charge in which bails are capable of paying the
fine. And while deciding the case, it should be taken from the both the sides
 The king should appoint, in legal process for men pugas ( unions or coporations
of citizens or villagers), srenayas : they are corporate bodies, and friends, relatives
are given high in the priority in the order of precedence. But the king can reverse
the judgement delivered through force or fear.
 The king should take care of the finance of the state by looking into all matters
relating to receipts and expenditure personally. Which is similarly mentioned in
manu smriti.
 A king should enrich his treasury by oppressive methods.
In this chapter yagnavalkya clearly mentions about the persons who ever possess the following
qualities is considered as a wicked person and cannot stand as witness, they are;

 The person who goes from one country to the another,

 Whose face is discolored,
 Who mouth is dried up,
 Who gives expresses many contradictory words,
 He who bends his lips and naturally comes by disfigurement.

PUNISHMENTS:

This yagnavalkya dharmasastra is composed in the gupta period. So, most of the punishments
will regarding trading and commercial activities.Yagnavalkya divided the punishments into
various forms. Such as saying ‘fie’, using harsh words, punishment for false measurement.

Yagnavalkya prescribed four kinds of punishments:

(1) vagdanda, (2) dhig dhanda, (3) dhana danda, (4) vadha danda.

When one is attacked by many, the punishment for each shall be double of what has been
ordinated for a similar offence by single person. The right of a person to land ( immovable
property , when the owner , seeing his property encroached by another doesn’t question extends
over twenty; the right in such case for movable property is limited to ten years.

There are many issued regarding land disputes and many clarifications are given because there
are many land donations in time of Samudra gupta who used to donate lands for everything.

If any suit is brought against a person who has acquired a property by purchase or by receiving it
as gift, he must recover it by proving the lawful acquisition by purchase or gift; then lawful
possession is no instrument or the evidence; but if agma ( lawful proof) is provided not valid,
possession doesn’t form an evidence.

If a person who knowingly supplies food, lodging, fire, water, counsel, implements and
expenses to a thief or a murderer, the punishment shall be the highest.

The offences by sahasa are:

i. breaking into a house,

ii. causing harm to neighbours
iii. abandoning ones parents, sons, brothers or sister.
iv. Sexual intercourse with a widow
v. Making couterfiet coins or flase weights and measurements.
vi. Quacks giving medicines
 Judges are liable to be punished with fine up to twice the amount involved in a case, if it
is found, on review, that the case had been wrongly decided.

A suborner as well as a witness who commits a perjury shall be punished with a fine
double amount in dispute. A Brahman committing perjury shall be banished from the
state.

A person who, having been summoned and sworned to give evidence, conceals it under
the influence of passion should be made to pay an eightfold fine. A brahmana doing this
should be externed from the kingdom. if adulteration of marketable commodities is done
he who make that shall be held liable with high amount of punishment.

Rules for valid document:

This is specified in this document because due to more business activities there are more
transactions taking place. If any disputes raised we need valid documental proof.

Every loan transaction should be reduced to writing and it should be attested by witness.

The document should contain: name, father’s name, address (caste, gotra), the month, year, exact
time and date when it was executed.

After completion of the document, the executants should enter his name in his own hand and
should certify that what is written above has his consent. Witness should furnish their name,
address along with their father’s name.

There is an who will certify that the document is written by him, as desired by both the parties
and then he should subscribe his signature with address. A document executed by a person in his
own handwritten is valid, though it is not attested by witnesses.Obligation to execute a new
document is,if a document is lost, or became unreadable, or got burnt or destroyed for any
reason, a fresh document must be brought into existence in its place.

NARADHIYA DHARMASASTRA

This Smriti solely deals with forensic law, both substantive and procedural, without any
reference to penance and other religious matters. Thus, it makes a departure from the earlier
works and can be regarded as purely relating to law. This smriti,deals with courts and judicial
procedure and also lays down the law regulating the eighteen titles with great clarity. Narada was
independent in his views and did not allow him to be bound by the earlier texts. This Smriti is
remarkable for its progressive views on various matters.

The procedural law laid down by this Smriti contains provisions relating to pleading, evidence
(oral and documentary) as also the procedure required to be adopted by the courts of law, the
details of which are dealt with in the relevant chapters. Narada Smriti contains three introductory
chapters on the principles of judicial procedure and on judicial assembly. Then it deals with titles
of law as in Manu and Yajnavalkya. In an Appendix it deals with the offence of theft.

It contains 1028verses including 61 in the Appendix. This Smriti was translated by Dr. Jolly in
1876. About 700 verses from Narada are profusely quoted in various Nibandhas (commentaries
and digests) written by famous writers like Vishwarupa, Medhatithiand Jeemutavahana. Bana, in
his Kadambari, refers to a distinct work of Naradaon politics. The same has so far not been
traced.

Jolly is of the opinion that the date of Narada Smriti islater than 300 A.D. s the oldest manuscript
was recovered from Nepal and theoldest commentary was also written in Nepal, Dr. Jolly opines
that Narada hailed from Nepal. Very important changes in law are discernible from Narada
Smritiand therefore it forms an important landmark in the evolution of ancient Indianlegal
system and also throws a great light on the political and social institutionsduring the period when
it was written.

Both the Yanjnavalkya and Naradasmriti are composed in the same period. But the difference is
they both concentrated on two different aspects. Yajnavalkya mainly concentrated on trading
activities, king’s duties in administration, punishments regarding commercial activities, and
document proofing.

Narada smriti is considered as literature which is composed between 500AD-700AD. This smriti
exclusively deals with forensic law, both substantive and procedural law without reverence to
self-punishment and other religious matters. Narada who is the composer of this smriti was very
independent in his views and did not allow him to be bound by the earlier texts.

Narada concentrated mainly on some concepts: one is the judicature; some substantive laws and
he made some changes in rules of marriage and on inheritance.

In the very first chapter in this smriti he deals with the judicature.

JUDICATURE:

Judicature is the primary responsibility of a king for the protection of his kingdom. Narada is
clearly saying that written proof and witnesses are the two expedients to be restored to for
ascertaining disputed facts in a contest between two litigants.

He divided the law suits as two types; attended by wager and not attended by wager. In the
former the loser has to pay the wager made by himself, and a fine, to the king.

The Procedural law lay down by this sastra contains provisions relating to:

Pleading, Evidence (oral and documentary), Judicial Procedure required to be adopted by the
court of law and judicial assembly.
The eight constituent parts of a judicial proceeding are the king, his officer, the assessors, the law
book, the accountant, and scribe, gold and fire for ordeals, water for refreshment.

In the judicial proceedings, it is said to have two courses. One is a true statement which is
considered to be agreeing to the facts and a false one is a wrong one.

The king is entitled to take 10 percent of the decretal amount from the defendant when the suit is
decreed on admission and twice the amount (20 %) if it is decreed after contest.

Manudharma Dastra and Naradhiya Dharmasastra both of them do not provide for collection of
any amount from a successful plaintiff. But Yajnavalkya dharmasastra incorporates a conflicting
rule for collection five percent of decrial from the plaintiff.

The king should try cases with great care according to law and in due order adhering to the
opinion of the chief justice. And the king should appoint his every court officer including the
chief justice. He should obey the order or the decree given by the chief justice in the court
matters.

Unanimous decision by all judges leaves no room for doubt while a majority decision leaves
doubt in the minds of litigants.

There is a clear provision that amendments cannot be used to make out a new case. But there is
provision saying that when a party has lost his cause on account of the dishonesty of witness or
sabhyas, the party could claim a retrial. And fresh evidence is not allowed.

The restraints which could be imposed by a plaintiff against a defendant pending service of
summons are -local arrest, temporary arrest, and inhibition from travelling and restraining from
doing certain specified acts. The party on whom such a restraint is imposed shall not break the
same.

There are some exceptions on the persons whom we cannot impose restraint. They are,

i. The one about to marry;

ii. Who is tormented by illness;
iii. one about to perform sacrifice or make a charity
iv. one afflicted by calamity;
v. one accused by another;
vi. one employed in king's service;
vii. cowherds engaged in tending cattle;
viii. cultivators during cultivating season;
ix. artisans, while engaged in their occupations;
x. soldiers during warfare;
xi. a minor;
xii. a messenger;
xiii. one fulfilling a vow;
xiv. One harassed by difficulties.

 They shall also be not liable to be summoned before the court for personal appearance.
This seems to be very similar to Kautilyas Arthasastra.
 The rule regarding burden of proof: what he has fully declared word in the plaint, he must
substantiate by adducing evidence at the third stage of case.
 The person found guilty by the judges shall be punished by the king. The victorious party
shall receive a document recording his victory written in an appropriate language.
 The jayapatra means that a document which incorporates the contents of the plaint, the
answer, the gist of the trail, the consideration given to them and the decision given.

Law of evidence:
What the claimant has fully declared in the plaint, that he must substantiate by adducing evidence
at the third stage of the trail. Where the defendant, in reply to the plaint, has taken a special plea,
it becomes incumbent on him to prove his assertion and he is in the position of a claimant.

There are six circumstances the existence of which if proven guilty the wrong doer may be held
to have been proved without direct witnesses.
They are:
(1) The charge of the offence of incendiary by proof of the fact that he was caught with a
firebrand near the scene of occurrence.
(2) The charge of murder by proof of the fact that he was found near the murdered person with
the weapon.

(3) The charge of adultery by the fact that the accused was caught or see when he was playing
with the hair of another man's wife.

(4) The charge of destroying embankment by the proof of the fact that the accused was found
with a hatchet near the scene of occurrence.

(5) The charge of cutting trees by the proof of the fact that the accused was found with an axe
near the scene of occurrence.

(6) The charge of theft by proof of the fact that he was caught together with the stolen property.

 A liability created by writing can only be annulled by another document.

There are eleven types of witnesses. Out of these, five are called Krita (appointed) and the other
six, ‘akrita’ (not appointed). The unappointed witnesses are: (1) the villager, (2) a judge, (3) a
king, (4) persons acquainted with the affairs of the parties concerned, (5) one deputed by a
claimant, and (6) a member of the family.

When a law suit has been decided, evidence becomes useless a fresh document or witness can be
produced, which or who had been announced at the stage of the earlier trial.9

Kings duty:

 In judicial process king should try the cases with great care and should give decision
according to law and adhering to the opinion of the chief justice.
 When the thieves are not caught, the king makes good the loss from his treasury. By being
remiss(towards criminals) he would incur sin and it would go against both justice and his
own interest.10

In the king’s duty rest of all are same as mentioned in the Manu and yagnavalkya smriti. So, there
no much changes regarding the king’s duty. Since it is composed within the same empire i.e.,
Gupta’s empire.
Laws of tax:

In the Narada smriti he said that there shall be no tax levied on

a) Household property of shrotiyas(this word indicates that only such of the brahmin who
were highly educated and who were devoted to the acquisition and dissemination of
knowledge, and were engaged in religious sacrifices for the benefit of the people, were
given exemption) and the alms received by them, but this exemption is not applicable to
income from trade;
b) Property of artists; and
c) Goods to the extent of a loan on one’s shoulders.

Some of the important and progressive changes found in the Narada smriti compared to that of
Manu are:

(1) In the matter of inheritance-

i. Holds that a younger son could become a karta of a Hindu joint family.
ii. After death of father, mother gates equal share with her sons at a partition.
iii. Unmarried daughter takes a share as younger sons.
iv. Provides two shares of in his self-acquired property in case of partition.

(2) Regarding law of marriage-11

.
 i. Hold that a widow as well as a wife whose husband is impotent or absconding is
entitled to remarry
ii. A widow wife without children id permitted to secure one through niyoga
iii. Gambling was made a lawful amusement when carried on in a public licensed
gambling house
iv. Fixes age of majority at 16 years and declares that contracts entered into by an
infant, i.e. by a person below 16 of age, is invalid in law.

Module 4
Delhi Sultanate
1206AD-1526 AD
Political theory

The earliest work of importance for the history of political thought of Muslim India was
probably intended to be a blueprint for the first Muslim government at Delhi. It was written by a
contemporary of Iltutmish, Fakhr-i-Mudabbir, who had spent a considerable part of his life at
Lahore, where he met Sultan Muhammad Ghuri and Sultan Qutb-ud-din Aibak, to whom one of
his works, a book on genealogies, was presented in 1206. The historical introduction to this work
has been translated into English, but his more important work, variously styled Adab-ul-Muluk
wa Kifayat al Mamluk (Rules for the Kings and the Welfare of the Subjects) or Adab-ul-Harab
wal-Shujaat (Rules of Warfare and Bravery), has not yet been published in its entirety. It was
undoubtedly intended to be a guide for rulers and administrators. The first part of this book deals
with the privileges and responsibilities of kings, with separate chapters giving the qualifications
and functions of different officers of state. The rest of the book is a manual dealing
systematically and in some detail with the art of war. The work was presented to Iltutmish and,
as the contemporary histories show, the government organization set up by him corresponded
very closely to the structure visualized by Fakhr-i-Mudabbir.

Another early work, of which only an incomplete copy has survived, belongs to a different
category. This is Fatawa-i-Jahandari (Rulings on Government) by Ziya-ud-din Barani (1285–
1357), the greatest of fourteenth-century historians of Muslim India. A political phantasy
consisting mainly of a number of discourses purporting to have been addressed by Sultan
Mahmud of Ghazni to his successor, it was written after Barani had retired from the royal court
in disgrace. It reflects Barani's bitterness against recent trends, his extremism, and his acute
class-consciousness. He is bitter not only against the Hindus but also against the Muslim lower
classes who, he believed, should not be "taught reading and writing, for plenty of disorders arise
owing to the skill of the low-born in knowledge … For on account of their skill, they became
governors, revenue collectors, auditors, officers and rulers." If the teachers disregard this edict,
and it is discovered that "they have imparted knowledge or taught letters or writing to the low-
born, inevitably the punishment for disobedience will be meted out to them."Fatawa-i-
Jahandari represents an individual's views, and made no impression on the course of Indo-
Muslim history or political thought. Indeed, it is not referred to by any later writer or historian,
and is not included in the fairly full list of Barani's works given by his contemporary, Amir
Khurd. The importance of the book is partly personal, as an insight into the mind of Barani, and
partly topical, as it gives his views in the context of the political and social situation then
prevailing. In spirit and sentiments, Fatawa-i-Jahandari is in complete contrast with Fakhr-i-
Mudabbir's book, which is throughout inspired by practical idealism, moderation and good sense.

Barani dealt at length with political philosophies of early Muslim rulers, statesmen, and religious
leaders in his great historical work, Tarikh-i-Firuz Shahi. The long discourses on political affairs
and statecraft contained in his book are dramatizations and expansions by an eloquent historian
who is also a creative artist. Among the most interesting of these discourses are Nur-ud-din
Mubarik Ghaznavi's advice to Iltutmish on the responsibilities of a Muslim "Defender of the
Faith" (Din Panah); Balban's views on kingship, and his long lecture to his son, Bughra Khan,
the governor of Bengal, on the relationship between the central and the provincial governments;
Ahmad Chap's advice to Jalal-ud-din Khalji; Kotwal Ala-ul-Mulk's discourses at Ala-ud-din's
consultative assemblies; and Qazi Mughis's views on major political and legal problems of the
day. They are presumably colored by his own predilections, and should not be treated as verbally
authentic, but the views attributed to different rulers and dignitaries are so distinct and so much
in character that they may be taken to represent generally the individual views of the persons to
whom they are attributed.

To turn from theory to practice, the first comment that should be made on the Islamic state in
India is that it was not a theocracy, as sometimes has been suggested. Aside from the question of
the relevance of the concept of a theocracy to a society that does not recognize priesthood, by the
time the Delhi Sultanate was established the religious function of the caliph had ceased to be of
much significance for the outlying Islamic world. It is true that a few of the Delhi rulers obtained
formal recognition of their titles from the caliph, but this pious legal fiction did not alter the
reality. The temporal authority of the caliph at Baghdad dwindled to a mere shadow even within
his own territories, and the actual reality of the Indian links with the caliphate may be judged by
the fact that occasionally a caliph would have been dead for years before Delhi became aware of
the event. The patents obtained by the rulers meant so little that at one time a caliph sent patents
simultaneously to both rulers of Delhi and Bengal.

In any case the policy adopted by the early sultans under the stress of circumstances with which
they were confronted could scarcely permit the growth of theocracy. Iltutmish, recognizing the
essentially secular nature of the sultanate saw that under the conditions prevailing in India, it was
not possible for him to be a "Defender of the Faith" except in limited spheres. Balban went even
further. In spite of his courtesy to the leading ulama and his personal observance of religious
practices, in matters of administration he was guided by the needs of the state, not Islamic law.
Ala-ud-din Khalji followed the same policy. "When he became sultan," Barani records, "he came
to the conclusion that polity and government are one thing, and the rules and decrees of Islamic
law are another. Royal commands belong to the sultan, Islamic legal decrees rest upon the
judgment of the qazis and muftis." It was under the Tughluqs, particularly under Firuz, that
Muslim jurists gained some recognition, but by then the pattern of Muslim rule in India had
become firmly established.

The early ulama, realizing the complexity of the Indian situation and the need for strengthening
the Muslim government, accepted Iltutmish's policy. Their lack of power may be judged by the
fact that Raziyya ascended the throne of Delhi although Muslim legal opinion is firmly opposed
to female rulers; it was left to a much later scholar, Shaikh Abdul Haq Muhaddis (1551–1642), in
the more legalistic days of the Mughals, to criticize the selection of Raziyya and express surprise
at the action of the contemporary jurists and Shaikhs in confirming it. There was an equally
glaring departure from the correct legal position in Qutb-ud-din Aibak's acceptance as sultan
before his manumission. In general, then, the position was that so long as a sultan undertook to
safeguard the honor and the observances of Islam, did nothing in open defiance of the principles
of shariat, appointed qazis and made arrangements for religious education and observance of
religious practices, the ulama did not interfere in the affairs of the state.

The use of the title "sultan" in itself indicates the transition from the quasi-theocratic caliphate to
a secular institution. Although the process was implicit in the establishment and administration
of the Umayyad caliphate, it was strengthened by the Persian belief in the divine right of kings.
This idea, which had become dominant in Baghdad under the later Abbasids, was even more
marked at Ghazni. At Delhi, in the early days of the Turkish rule, there was some opposition to it
in orthodox Muslim circles, and Iltutmish was almost apologetic about his kingly role.The
position completely changed with Balban, who was an advocate of Persian ideas, modeled his
court after the Persian style, assumed the title of zillullah, and introduced Persian etiquette, court
ceremonial, and festivities. With him Persian ideas of monarchy became dominant. The process
was facilitated by the fact that the Hindus regarded a king as a representative of divine powers.

These theories gave medieval rulers powers which occasionally were used arbitrarily, but a
number of checks remained on the absolute exercise of authority by the sultan. For one thing, the
Islamic theory curtails the law-making power of a ruler, and although there was nothing to stop
an autocratic ruler from becoming a law unto himself, he could do so only in defiance of the
system which gave him power. Even the autocratic Ala-ud-din Khalji admitted that
administration of justice was the concern of the Muslim jurists.

Equally important was the opinion of the nobility. The sultans consulted their chief nobles and
the routine affairs of the state were left to them. Minhaj refers to a dignitary, Amir-i-Majlis,
whose duty was to arrange meetings of the sultan's closest associates. Important questions were
discussed freely, and some favorite royal schemes (such as Ala-ud-din's proposal to establish a
new religion) were ruled out. Together with the influence of public opinion and the natural desire
of the sultan to maintain his position, the nobles in this way exercised a check on the theoretical
absolutism enjoyed by him.

According to Muslim theory, held particularly by the Sunnis who formed the bulk of the Muslim
population in India, election was the accepted method for selecting the ruler. This was rarely
observed anywhere, and both Turko-Iranian and Hindu conceptions of sovereignty were opposed
to it, but a form of limited election or acceptance was generally followed at Delhi. The oath of
allegiance taken by the governors of the provinces, the principal nobles of the capital, and the
chief theologians was taken as a symbol of the indirect consent of the mass of the people.

Structure of Government:

Fakhr-i-Mudabbir lists the principal dignitaries of the state as follows: wazir, wakil-i-dar, amir-
i-dad, amir-i-hajib, mushrif, mustaufi, and sahib-i-barid. The wakil-i-dar (not to be confused with
the wakil-i-sultanat of the Sayyid dynasty and the wakil-i-mutliq of the Mughals) was the
controller of the household. The amir-i-dad (literally lord of justice) was the most important
judicial dignitary. The amir-i-hajib is often designated as the chief chamberlain, but this does not
fairly describe the functions and duties of this officer. He was the master of ceremonies at the
court; no one could enter the royal presence without being introduced by one of his assistants,
and all petitions were presented to the sultan through him. The post, therefore, was one of great
prestige and was reserved for trusted nobles. One holder of this post, Balban, was the most
powerful noble of his day. The mushrif was the accounts officer responsible for income, and
the mustaufi for expenditure. The sahib-i-barid was in charge of communications and
intelligence.

The chief minister of the sultan was called the wazir. Fakhr-i-Mudabbir considered the wazir a
"partaker in sovereignty" and recommended that in his own technical domain he must be left free
by the monarch. He describes the normal functions of the wazir in the following passage: "The
kings know well how to lead expeditions, conquer countries, give rewards, and shine in the
assembly or battlefield; but it is the domain of the wazir to make a country prosperous, to
accumulate treasures, to appoint officials, to ask for accounts, to arrange for the stock-taking of
the commodities in the karkhanas, and the census of horses, camels, mules, and other animals, to
assemble and pay the troops and artisans, to keep the people satisfied, to look after the men of
piety and fame and to give them stipends, to take care of the widows and the orphans, to provide
for the learned, to administer the affairs of the people, and to organize the business of the
state."This was the position in early days, when the wazir was in charge of the entire
government, both the civil and the military departments and the functions which were later
entrusted to Sadr-i-Jahan, but this arrangement underwent drastic changes in the light of practical
experience. In view of the importance of the office, and to illustrate the administrative
experiments that were carried on under the sultanate, it will be useful to sketch the history of
the wizarat [vazir-ship].

Although few details are known about administrative arrangements during the brief rule of Qutb-
ud-din Aibak, presumably the practice of combining civil and military offices (which was
introduced by the Ghaznavids at Lahore, and was continued under the Ghuris) remained in
operation. This was also the position under Iltutmish. His first wazir, Nizam-ul-Mulk Junaidi,
was in charge of all sections of the government, and in addition to his civil duties, was
occasionally entrusted with military commands. During the troubled reign of Raziyya and her
successors, Khwaja Muhazzab-ud-din used his influence with the weak rulers and his own
capacity for intrigue to consolidate his position by taking all power out of the hands of the
nobles. An attempt was made to curb the wazir's powers by the creation of the post of naib
(deputy of the realm), but this was unsuccessful and the wazir continued to be all-powerful.
Muhazzab's opponents, therefore, joined forces and had him assassinated.

His death marks the close of a period in the history of the wizarat. The provincial governors and
other administrative officers would not permit an individual selected for his ability in office to
obtain so much power. His successors were selected for their docility. Balban, even before he
became deputy, was more powerful than the wazir, and when he became sultan, he took away the
military functions of the wizarat. The rawat-i-arz (the muster-master, who was originally in
charge of the finances and records of military personnel) was made independent of the wazir.

Some fifty years later, Ghiyas-ud-din Tughluq made an even more interesting experiment. He
created a board of three ex-wazirs, with the senior having the high title of malik-ul-wuzara (chief
minister). Ghiyas consulted them in all important matters, but the routine work of the wizarat
was carried on by Malik Shadi, his son-in-law.

With the general policy of the Tughluqs to approximate standard Muslim practice in all matters
and with Muhammad Tughluq's preference for Arab and Persian ways, we notice a reversion to
the earlier character of the wizarat. Khwaja Jahan, though essentially a civil servant, was
occasionally entrusted with military duties. This change is more marked under Firuz, whose
wazir fulfilled the Arab notion of an all-powerful wazir. Khan Jahan, a Hindu from Telingana
who had accepted Islam at the hands of Hazrat Nizam-ud-din Auliya, exercised both civil and
military powers. His position may be judged by Firuz's frequent remark that Khan Jahan was
virtually the sultan of Delhi. After his death in 1372, his son became wazir and followed his
father's ideas for a long period, but this led to jealousy, and in 1387 he was killed in a quarrel
with a noble. This also marked the end of Firuz Tughluq's power and the decline of the dynasty.
Khwaja Jahan Sarvar-ul-Mulk, the wazir (1390–1394) of Muhammad Shah, exercised authority
both in civil and military spheres, but realizing that the sultanate was tottering, he had one of the
military leaders made wakil-i-sultanat, and he himself left for the eastern provinces, where he
carved out a kingdom for himself in Jaunpur.

With the accession to power of the Lodi dynasty, the wizarat lost some of its importance, for
Buhlul Lodi, with his tribal conception of kingship did not establish an organized wizarat.
Sikandar Lodi, however, saw the impossibility of applying this tribal conception to a huge
territory and had a regular diwan and a wizarat. His wazir, however, seems to have confined
himself to civil work.

The developments that took place under the Mughals will be described later, but essentially their
wizarat was based on Balban's model, with the holder of the office confined to civil duties. This
meant that the wazir in the Indian Islamic state had less power than that assigned to him by
Muslim political theorists, but the system worked fairly well. Indian tradition and the needs of
the Islamic rulers favored strong monarchs. It is probably true that the people, insofar as they had
a preference, preferred an absolute monarch to an absolute wazir.

Revenue:

The financial arrangements of the sultanate were in accordance with the normal Islamic theory
and practice as inherited from the Ghaznavid predecessors, but they were modified in the light of
local needs and usages. Land revenue was, as in Hindu India, the mainstay of the government.
Sultan Qutb-ud-din Aibak, the first Muslim ruler, fixed the state demand (kharaj) at one-fifth of
the gross produce. In land revenue, as in other spheres, Balban laid down the administrative
pattern for the sultanate. According to W. H. Moreland, one of the most careful students of
Indian economic history, Balban "had grasped the main principles of rural economy in an Indian
peasant-state, at a period when the environment afforded little scope for individual advance; he
aimed at a peaceful and contented peasantry, raising ample produce and paying a reasonable
revenue; and he saw that it was the king's duty to direct the administration with this object in
view."Under Ala-ud-din Khalji, because of the need to build up a large army, the state demand
was raised to one-half of the produce, the uppermost limit allowed by Muslim law. In the
following reign the heavy demands were lowered. The scale of demand in the reign of the first
Tughluq king has been a matter of dispute. According to R. R. Tripathi, Ghiyas-ud-din Tughluq
fixed the demand at 10 percent of the produce; according to Moreland, the relevant reference in
the contemporary history refers to the limit of increase being 10 percent. I. H. Qureshi, on the
other hand, holds that except for a few areas the general charge on land was a fifth of the
produce, which was maintained from the earliest days of the sultanate until the end of Firuz
Shah's reign. Under the Mughal rulers who followed Timur's precedent in charging a third of the
produce as land revenue, the scale was raised and Sher Shah, who had seen the increase in the
state demand under Babur and Humayun, followed their example.
Apart from the land revenue there were a number of local imposts imposed on various occasions.
Orthodox Muslims considered them illegal, and the two monarchs who made an attempt to run
the state in accordance with Islamic law, Firuz Tughluq and Aurangzeb, abolished these taxes.
These imposts were of ancient origin, however, and most sultans permitted them. And when the
rulers abolished them, they were realized by corrupt officials or even by panchayats. A tax which
gained importance during Firuz's reign was the charge levied for use of canal water. Firuz was
not the first to dig canals, but he was the first monarch to ask Muslim jurists whether an
irrigation tax was lawful. The jurists' reply was in the affirmative, and so a 10 percent addition
was made to the land revenue in cases where canal water was used for irrigation.

During the early period, when the subcontinent was being conquered and new areas were being
occupied, the ghanimah (the spoils of war) provided an important source of state income.
According to Islamic law, all booty should be collected and a fifth set apart for the state, the rest
being distributed among the soldiers. Later the practice was reversed and four-fifths of the booty
was appropriated by the state treasury. Firuz's ulama considered it illegal, and Firuz ordered the
restoration of the old rate as fixed by the law.

The taxes which had a special religious significance in an Islamic state—zakat and jizya—have
been the subject of much controversy, both as regards their nature and their actual imposition
during Muslim rule in India. Zakat was imposed only on Muslims; it is not, strictly speaking, a
tax in the normal sense, since its payment was an act of piety. Contemporary historians do not
record that zakat was levied by the sultans of Delhi, and their silence has been taken to mean that
the procedure, common to all Islamic states, was followed. There were, at any rate, arrangements
for the receipt of zakat, paid voluntarily by Muslims as a religious duty, and Fiqh-i-Firuz
Shahi mentions a separate treasury for zakat. Toward the end of the sultanate, Sikandar Lodi
abolished the zakat on grain and it was not renewed by any subsequent sultan.

The question of jizya is even more complex, not only because of the lack of clarity in the
contemporary records but also because of the strong emotional reaction that has been aroused in
discussion concerning it. Under Islamic law, jizya was a tax levied on non-Muslims. This action
can be interpreted as an equitable arrangement, since only Muslims had to pay zakat; and, in
addition, they alone were liable to military service. From this point of view it was, in the words
of a modern historian, a poll tax levied on non-Muslims "in return for which they received
protection of life and property, and exemption for military service."In the Quran jizya is used in
the same sense as kharaj, meaning simply a tax, and the fact that early Muslim writers in India
preserve this usage without attaching any technical significance to the term suggests that it was
not levied during the first conquests. However it was later levied as a poll tax. As such it was
borrowed from Persia, where it was called gezit. The failure of the historians to indicate when
jizya was paid cannot be taken as an indication, as has been sometimes suggested, that some
rulers, notably Ala-ud-din, did not levy jizya because they refused to accord the Hindus the
status of zimmis, or protected peoples. The reason jizya is not more definitely mentioned in the
records is probably that for the sake of convenience in rural areas, where the population was
overwhelmingly Hindu, jizya and kharaj, the land tax, were realized as a consolidated tax. In the
early days of the sultanate the rulers had not built up an elaborate organization, and tax farming
through Hindu middlemen was the normal means of recovery. It appears unlikely that apart from
a comprehensive demand made on a village or a territory, separate or specific realization of jizya
was feasible. Where jizya was recovered it was charged in three categories. The wealthy paid
four dinars per head per annum, the middle groups two dinars, and the poor, one dinar. Women,
children, and those on a bare subsistence level were excused.

Nothing better illustrates the practical approach of the early Muslim rulers to administrative
problems than the cautious evolution of their coinage system. Muhammad Ghuri has usually
been pictured as an ardent Muslim, zealous in the destruction of Hindu idols and the
establishment of Islamic religion. Yet of the three of his coins which are extant, two are mere
imitations of earlier Hindu coins, with even the figure of the goddess Lakshmi reproduced, the
only distinguishing element being the sovereign's name inscribed in Indian characters. The third
coin, though based on the dinar of the Muslim countries, bears a Devanagri legend and the figure
of a horseman, much in the tradition of the Hindu coins. This evidence suggests that Muslim
rulers, faced with the problem of establishing a new currency among a people unacquainted with
the Muslim coinage system, much less with Arabic, disturbed existing usages and practices as
little as possible. Not until sixty years after the conquest of Delhi did Balban finally complete the
process, begun by Iltutmish, of replacing the Hindu device of the bull and horseman with the
sovereign's name in Devanagari characters.

In the early days of the sultanate, the jital, an adaptation of the old dehliwala current before
Muslim rule, was the token coin in use. Iltutmish introduced the silver tankah (which was
replaced by the rupiah of Sher Shah and Akbar), but even this innovation, in addition to its
indigenous name, was linked to an Indian weight standard. Once the monetary system was
established, the rulers introduced changes and improvements in the designs and legends of their
coins and made them approximate to the normal Muslim coinage in legend and appearance.
Apart from Muhammad Tughluq's unsuccessful effort to introduce token currency of mixed
metals, the coins were made of pure metal and the state took precautions to maintain their purity
and weight.

Administration of Justice

The administration of justice received attention quite early in the sultanate, and here as elsewhere
traditional Islamic practice was modified to suit the peculiar problems of India. Four types of
courts were normally recognized in Islamic society: the diwan-i-mazalim, the court of
complaints, presided over by the ruler or his representative; the qazi's court, which administered
the Holy Law of Islam; the courts of the muhtasib, or censor, which dealt with public morals and
offenses against religious ordinances; and the shurta, or police courts. In India the third type of
court gained in power and prestige under the Tughluqs, and later under Aurangzeb.
The first important judicial dignitary of the sultanate at Delhi to whom a reference is found in
contemporary records was the amir-i-dad, or chief magistrate. He was a layman, and the office
was usually reserved for a leading noble with special aptitude for judicial work. Fakhr-i-
Mudabbir suggested that only a member of the royal family, or a nobleman known for piety and
learning, should be appointed to this post. A large salary was to be paid to him, as he might have
to try complaints against governors and high commanders. In the absence of the sultan, who
functioned as supreme judge throughout Muslim rule, the amir-i-dad presided over the court of
complaints, but his office had many other functions. He controlled the police, was responsible
for public works, including the maintenance of the city walls, kept copies of documents
registered with the qazi, and forbade covenants which transgressed the law.If he felt that there
had been a miscarriage of justice he could either draw the attention of the qazi to the fact or
delay the execution of the decision until the matter was reconsidered by a fuller or a higher court;
he also ordered the arrest of criminals, dealt with breaches of law, and tried cases, where
necessary with the assistance of a qazi who functioned as a legal adviser.

While the system of dispensation of justice by the sultan or his representative continued,
administration of justice by the qazis grew in importance and became a prominent feature of the
Tughluq rule. The main concern of the qazi was civil disputes among Muslims, although later his
jurisdiction was widened to include the supervision and management of the property of orphans
and lunatics. Appointed by the central government, he was completely independent of the
provincial governors. The office of the qazi-i-mumalik, or chief judge, was normally held by the
head of the ecclesiastical department, who was generally known as the sadr-i-jahan. It is not
certain whether he heard appeals against the judgments of the qazis. He was also the sultan's
legal adviser in matters relating to shariat, the holy law of Islam. With the monarch retaining the
powers of appointment of the chief qazi, though the enlightened opinion and books on Muslim
statecraft emphasize the importance of appointing only honest, pious, and well-qualified qazis in
the realm, the sultan had the final say in the framing of the judicial structure. Public opinion was
critical of the appointment of chief qazis for considerations other than those of merit, and most of
the kings took steps to uphold the prestige of the judiciary. The manner in which on one occasion
Muhammad Tughluq appeared like an ordinary plaintiff in the court of a qazi and saluted him
may be nothing more than a theatrical gesture, but such episodes built up the prestige of the
courts and enabled the general public and the legal profession to realize what was expected of the
judges. Although under a despotic monarchy there were obvious limitations to the role which an
individual could play, the jurists generally acted with courage and independence. When Jalal-ud-
din Khalji wanted Sayyid Maula, who was accused of high treason, to vindicate himself by
walking through fire, the jurists vetoed the idea by contending that fire did not distinguish
between the innocent and the guilty. The sultan bowed to their decision, though he later connived
at Sayyid's murder. Similarly, in spite of Ala-ud-din Khalji's reputation for ruthlessness, Qazi
Mughis-ud-din did not fail to criticize his actions, and in spite of this condemnation, he rewarded
the qazi. The sanctity attached to the office of qazi, as an expert in Islamic law, and the pressure
of public opinion, encouraged an honest and independent judiciary, the need for which was
universally recognized.

An important development during the sultanate was the crystallization of the Indo-Muslim legal
tradition. The first important figure in the legal history of the Delhi Sultanate was Sayyid Nur-
ud-din Mubarik, originally of Ghazni (d.1234). He was held in high regard by Sultan
Muhammad Ghuri, and he maintained his position even though he was extremely critical of court
etiquette and the mode of living adopted by Muslim rulers. He wanted Iltutmish to deal firmly
with non-Muslims, and he condemned not only all heresy but also the study of philosophy.
Barani often puts some of his own ideas in the discourses which he attributes to important
personalities, but the puritanical, ascetic approach which he attributes to Nur-ud-Din Mubarik
appears typical of the early days of Muslim India, when simplicity and piety found favor with the
jurists and the ruling monarch.

A different type of personality, and one whose policy left a great mark on the history of Islamic
law in India, was Qazi Minhaj-us-Siraj, the most important historian of the Slave dynasty. A
native of Ghazni, he came to the subcontinent during the reign of Iltutmish and received many
important assignments. In the days of Iltutmish's successors, including Nasir-ud-din Mahmud, he
held the important office of the chief qazi of the realm. It is said that the sama (ecstatic dances
performed by groups similar to the "whirling dervishes") to which most orthodox lawyers
objected, became prevalent in Delhi when Minhaj was qazi. A contemporary of Minhaj thought
that he was not fit to be a qazi, but should have been the principal Sufi shaikh. These statements
give a clue to his policies, for as he himself has recorded, he was so unpopular with other
ecclesiastics that once they even attempted to have him assassinated.

In the light of these observations it is reasonable to infer that Minhaj was not rigid in the
application of Islamic law, and that his long tenure as chief qazi contributed toward the evolution
of a suitable modus operandi for the new Muslim government. His views on Islamic law in fact
appear to have been in agreement with those of Balban. Although personally punctilious in his
religious observations, and careful about showing formal courtesy to religious leaders, Balban
attached no importance to the views of ulama in political and administrative matters. He used to
say that these things had to be decided in accordance with political considerations and not the
views of jurists. According to Barani, "he would order whatever he considered to be in the
interest of the realm, whether it was or was not sanctioned by Islamic law." Balban's practice and
Minhaj's theory united to provide the flexibility needed by Islamic law if it were to operate in the
peculiar conditions created by the existence of a tiny Muslim ruling class and a vast Hindu
populace. The tradition of strong common sense and a realistic approach to problems built up by
Minhaj was maintained by his daughter's son, Sadr-ud-din Arif, who was a deputy to the chief
qazi for a long time, and whom Ala-ud-din Khalji promoted early in his reign. According to
Barani he was not distinguished for scholarship, but he was a strong executive officer who
understood the temperament of the people, so that "in spite of the freed slaves who overran
Delhi, it was not possible for anyone to resort to swindling, deception, or trickery before his
court.

The man who most directly influenced the course of Indo-Muslim legal history was not a high
official, as was Minhaj, but a scholar who introduced the systematic study of Islamic law into
India. This was Maulana Burhan-ud-din, who brought with him to India from Balkh the Hidaya,
the great legal textbook. This remained the basis of Muslim law for centuries, and was finally
translated into English by officials of the East India Company. So great was Burhan-ud-din's
reputation as a teacher that Balban, accompanied by his entire royal retinue, visited him after
Friday prayers. Despite his orthodoxy, he was not particularly rigid in his application of Islamic
law. On the crucial question of sama, the ecstatic dances, which remained the major legal
controversy of the day and generally provided the dividing line between the mystics and the
ecclesiasts, his practice was not different from that of the more tolerant Minhaj. "I have not
committed any major sin in life," he said, "except hearing of sama, which I have heard and want
to hear again, if I have an opportunity."The popularity of Hidaya and other textbooks from
Central Asia ensured that in legal affairs, as in much else, Muslim India followed the traditions
of Central Asia. These books, which were brought to India mainly by refugees during Balban's
reign, were in Arabic. With the efforts made by Firuz Tughluq to run the government according
to Islamic law, it became necessary to have summaries and abstracts of Islamic law in Persian,
the court language of Muslim India. We accordingly see a large number of manuals prepared in
his reign, usually based on the compilations of the lawyers of Central Asia. In addition more
substantial efforts for compilation of books on Islamic law in Persian and Arabic were made. The
earliest of such compilations prepared in India was in the time of Balban and was dedicated to
him. Others were prepared during the Tughluq period but the most comprehensive digest
compiled in Muslim India prior to the compilation of Fatawa-i-Alamgiri in Aurangzeb's reign
was the Fatawa-i-Tatar Khania, named after the pious nobleman, Tatar Khan, who sponsored
the compilation. Prepared by a committee of ulama, it consisted of thirty volumes. It attracted
attention ouside the subcontinent, and a summary was prepared by Shaikh Ibrahim, the imam of
the mosque of the Ottoman sultan, Muhammad the Conqueror, in Istanbul.

Provincial administration:

Although contemporary historians give meager details about the provincial governments, it
seems a fair inference that the provincial administrative structure did not crystallize until the
days of Sher Shah and Akbar. It is possible that this development was facilitated by the
establishment of regional kingdoms in the original iqtas (regions) of the Delhi Sultanate. From
the earliest period governors were appointed for large iqtas which later became provinces, but
their responsibilities were mainly the maintenance of peace, establishment and extension of the
authority of the government, and recovery of tribute from the Hindu chiefs and others. The
observance of state laws and the maintenance of order depended on the ability and the interest of
the individual governor, and in some areas their authority must have been confined to main
centers of administration and places easily accessible. The provincial boundaries were shifting
and vague, and it was a long time before the territorial units took a stable form. Even the powers
of all the governors were not identical. Governors in charge of bigger or more important areas or
with special personal claims exercised wider powers than ordinary muqtis [holders of iqtas] and
were referred to as walis.

Before Balban's time, the governors were often semi-independent military chiefs of the territories
conquered by them or by their ancestors, but even then many functions remained outside their
domain. They were not given authority in religious and judicial affairs, nor were the local
intelligence officers under their control. The governor's main concern was military control and
revenue collection. With Balban the wizarat became more organized at the center and the
provincial diwans were posted from Delhi, and a close check was exercised by the central
government over the recovery and transmission of revenue. The provincial sahib-i-diwan was
appointed by the sultan on the recommendation of the wazir, and submitted detailed statements
of provincial accounts to the capital. On the basis of these statements the wazir's department
settled the accounts with the muqtis. Even in the military sphere the powers of the provincial
governors came to be regulated by the presence of the provincial ariz who was under the chief
ariz at Delhi.

Balban had asserted the authority of the central government over the provincial chiefs, and Ala-
ud-din Khalji tried to introduce system and uniformity in the administration of the Doab (the
fertile area between the Ganges and the Jamna), the most dependable source of state revenue.
Ghiyas-ud-din Tughluq, who had a long experience of provincial administration in the Punjab,
tried to improve the administration, but details of his provincial administration have not been
recorded. Under his son, Muhammad Tughluq, we get details of the hierarchy of provincial
officials, and this possibly follows a pattern introduced earlier. The empire consisted of twenty-
four provinces divided into a number of shiqs, or rural districts. The next smallest unit after the
shiq was the pargana, or group of villages. In a pargana and in the villages the old Hindu
organization continued. The head of each pargana was a chaudhari, while a muqaddam or
a mukhiya was the head man of the village. The most important feature of Muslim administration
in India was the acceptance of the local autonomy enjoyed by rural areas. This policy had been
followed by Muhammad ibn Qasim in the earliest days of Muslim rule in the Sind and was
maintained by the sultans of Delhi. Qutb-ud-din Aibak, who originally handed back Ajmer to a
son of Prithvi Raj, first adopted the policy of appointing Hindu officers for the administration of
the country. "The Hindu chief played such an important role in the rural life of the period that to
many he was the government, whereas the sultan was almost a mythical figure.

The position of the nobility and the officers was so dominant in the early period that Minhaj, the
historian of the period, devotes more space to an account of the principal officers of the realm
than to the sultans. The existence of this bureaucracy made possible a large degree of stability in
administration, and even in the periods of decline the succession of dynasties at Delhi was not
usually reflected in changes of government at the local level.

Emphasis on administrative stability during the sultanate should not be taken as an indication
that the period was peaceful or that normal judicial processes were always respected by either the
sultans or their officials. Maintenance of control in a conquered area requires force, and, in
addition, the ceaseless struggle for power that went on made violence commonplace. The
smallest incident could be turned into a pretext for the drawing of the sword and the shedding of
blood. Nor was violence confined to the cruel and heartless. Rulers such as Balban were not
deficient in a sense of justice or in political ability, but these qualities did not deter him from
severe punishments and free spilling of blood. At times a sense of justice and concern for the
public welfare seemed to militate against human kindness. Once the deterrent theory of
punishment was adopted and carried to extremes, all other human considerations gave way
before it. In vain did the religious lawyers and intellectuals try to curb the extreme punishments
inflicted by the sultans. Qazi Mughis argued before Alaud-din Khalji that his punishments were
unauthorized and opposed to Islam, and the historian Barani told Muhammad bin Tughluq that
human life could be taken only for eight specific crimes, but the autocratic sultans listened
unmoved.

Not only was human life held in little esteem, but there were abhorrent cases of torture and
mutilation. In this Muhammad bin Tughluq, who was a highly educated monarch and enjoyed
the company of intellectuals and philosophers, was the worst offender. Some of the punishments
meted out by him—for example to his cousin Gurshashp—are truly revolting. The Moorish
traveler Ibn Battuta wrote of him: "Notwithstanding all his modesty, his sense of equality and
justice, and his extraordinary liberality and kindness to the poor, he had immense daring to shed
blood. His gate was hardly ever free from the corpse of a man who had been executed. And I
used to see frequently a number of people killed at the gate of the royal palace and the corpses
abandoned there. … The sultan used to punish all wrongs whether big or small and he would
spare neither the men of learning and probity, nor those of high descent. Every day hundreds of
people in chains with their hands fastened to the neck and their feet tightened were brought into
the council hall. Those who were to be killed were killed and those who were to be tortured were
tortured and those who were to be beaten were beaten. … May God save us from calamity”.

It is true that these punishments were reserved for treason, and it is also true that conditions in
the medieval ages in other parts of the world were not very much better, but the position in
Muslim India in this respect seems to have worsened distinctly during the hundred years or so
following the death of Iltutmish. Possibly the instances of brutality and cruelty during the
sultanate in the thirteenth and fourteenth centuries reflect the impact of the Mongols; certainly
the extremes of ruthless severity associated with Muhammad Tughluq or even with Balban and
Ala-ud-din Khalji, did not exist in the days of Muhammad ibn Qasim, Aibak, and Iltutmish.

Judicial System under Delhi Sultnate

This period starts with the invasion by Turkish Muslims in the Indian Sub-continent in 1100
A.D. The Hindu kingdoms began to disintegrate gradually with the invasion of Turkish race in
the end of eleventh and the beginning of the twelfth century. When Muslim conquered the
states, they brought with them the. Turkish idea of administration. The theory of Muslims was
based on Quran, their religious book. According to the Quran, sovereignty lies in Allah (God)
and the King is His humble servant to carry out His will on the earth. The ruler was regarded as
trustee, being the Almighty’s chosen agent.
The whole Muslim period in India may be divided into two sub-periods- the Sultanate of Delhi
and the Mughal Empire. By the end of twelfth century Muslim Sultanate was established at
Delhi by
Muhammad Ghor. This period existed for thirty, years beginning from 1206 till 1526. On the
other hand, in 1526 Delhi Sultanate came to an end when Delhi was captured by Zahiruddin
Babar. Babar founded the Mughal Empire in India which existed until 1857.

Legal System under the Sultanate

The Sultan or the King was the supreme authority to administer justice in his kingdom. The
judicial system under the Sultanate was organized on the basis of administrative divisions. A
systemic classification and gradation of the courts existed at the seat of the capital, in
Provinces, Districts, Parganahs, and villages. The powers and jurisdiction of each court were
clearly defined.
Courts at Centre: The courts established at the capital of the Sultanate were as follows: The
King’s Court, Diwan-e-Mazalim, Diwan-e-Risalat, Sadre Jehan’s court, Chief Justice’s court
and Diwan-e-Siyasat.

The King’s court was presided over by the Sultan himself. This court exercised both original
and appellate jurisdiction in all kinds of cases. It was the highest court of appeal in the realm.
In discharging judicial functions the Sultan was assisted by two reputed Muftis highly educated
and expert in law.

The court of Diwan-e-Mazalim and court of Diwan-e-Risalat were the highest courts of
criminal and civil appeals respectively. Though the Sultan nominally presided over these
courts, in the absence of the Sultan the Chief Justice (Qazi-ul Quzat) presided over these courts.
Quazi-ul Quzat was the actual head of the judiciary and he tried all types of cases. Qazi-ul
Quzat was appointed by the Sultan from amongst the most virtuous of the learned men in his
kingdom. In 1248, Sadre Jahan was appointed by Sultan Nasiruddin. This post was superior to
post of Qazi-ul Quzat. Now he became defacto head of the judiciary. The offices of Sadre
Jahan and Chief Justice remained separate for a long period, but these were amalgamated by
emperor Ala Uddin. However, these were again separated by Sultan Firoz Tuughlaq.
The court of Diwan-e-Siyat was constituted to decide the cases of rebels and high treason etc.
Its main purpose was to deal with criminal prosecutions. Some of the other officers attached to
the court of Chief Justice were as under:

Mufti: He was selected by the Chief Justice and appointed by the Sultan. He acted as legal
expert and in case of difference of opinion between the mufti and judge, the difference was
referred to the Sultan for decision.
Pandit: He was a Brahmin learned in law of Hindu and he acted as expert of law in civil cases
of non-Muslims and his position was similar to the Mufti.
Mohtasib: He was entrusted with the prosecution for the violation of cannon law.
Dadbak: He was the registrar or the clerk of the court and his duty was to ensure attendance of
persons summoned by the court. Sometimes he was also entrusted with the task of trying of
petty civil cases.
Provincial Courts: In each Province (Subah) at the Provincial Headquarters four courts were
established, namely Adalat Nazim-e-Subah, Adalat Qazi-e-Subah, Governor’s Bench (Diwan-e-
Subah) and Sadre-e- Subah.
Adalat Nazim Subah: This court was presided over by the Nazim. In the Province the Sultan
was represented by him and like the Sultan he exercised both original and appellate
jurisdiction. In original cases he usually sat as single judge. From his judgment an appeal lay to
the Central Appeal Court at Delhi. While exercising appellate jurisdiction, the Nazim sat with
the Qazi-e-Subah constituting a Bench to hear appeals. From the decision of this Bench, a final
second appeal lay before the Central Court at Delhi.
Adalat Qazi-e-Subah: This court was presided over by the Chief Qazi of the Province. This
court tried all cases of civil and criminal matters. It also heard appeals from the courts of
District Qazis. Appeals from this court lay to the Adalat Nazim-e-Subah. This court also
had the supervisory jurisdiction over the administration of justice in his province and to see
that the Qazis in districts were properly functioning. Qazi-e-Subah was appointed by the Sultan,
but selected by the Chief Justice amongst persons who had established reputation for learning
and scholarship of law and possessed a high character and was a man of unimpeachable
integrity. Four officers namely Mufti, Pandit, Mohtasib and Dadbak were attached with this
court too.
Diwan-e-Subah: This court had both original and appellate jurisdiction in all revenue matters.
It had the final authority in the Province over all cases concerning revenue.
Sadre-e-Subah: This was the Chief Ecclesiastical court in the province. This court dealt with
the matters relating to grant of stipend, lands etc.
District Courts: In each District, at the District Headquarter, following courts were
established:
The District Qazi’s Court: This court had the jurisdiction to try all civil and criminal matters.
It also heard appeals from the decisions of the Parganah Qazis, Kotwals and village
panchayats. This court was presided over by the Qazi who was appointed by the Sadre Jahan
on the recommendation of the Qazi-e-Subah. This court was also assisted by same four
officials as mentioned above.

Faujder Court: This court had jurisdiction to try petty criminal cases concerning security and
suspected criminals.Appeal from this court lay with the court of Nazim-e-Subah.

Court of Mir Adils: This court dealt with land revenue matters. Appeal from this court lay
before the Court of Diwan-e-Subah.

Court of Kotwals: This court was authorised to try police and municipality cases.
Parganah’s Courts: The Courts of Qazi-e-Parganah and Kotwals were constituted at each
Parganah Headquarter. The Court of Kazi-e-Parganah had all powers of a District Kazi in all
civil and criminal cases except hearing appeals. The Kotwal was authorised to try petty criminal
cases. He was also the principal executive officer of the town.

Village Courts: For each group of villages, a panchayat was functioning to look after the
executive and judicial functions. The panchayat decided petty civil and criminal cases of purely
local nature.
 Module 5
Administration of Mughals
1526-1757

First of all, it should be recognized that the Mughals drew heavily on the past, for the
organization of their government was on essentially the same lines as that of the sultanate. The
principal officers of the central government were four: 1) diwan; 2) mir bakhshi; 3) mir saman;
and 4) sadr. The first of these dignitaries, the diwan, often called the wazir (the chief minister),
was mainly concerned with revenue and finance, but as he had a say in all matters where any
expenditure was involved, the work of other departments also came under his control. All the
imperial orders were first recorded in his office before being issued, and the provincial
governors, district faujdars, and leaders of expeditions came to him for instructions before
assuming their duties. All the earning departments were under his direct control, and could spend
only what was allotted to them by the diwan.

The mir bakhshi performed those duties which had been the responsibility of the ariz-i-
mamalik during the earlier period. Owing to the organization of the civil services on military
lines, his power extended far beyond the war office, and some foreign travelers called him the
lieutenant-general or the captain-general of the realm. The main departure from the sultanate was
in respect to work relating to state karkhanas, stores, ordinance, and communications, now so
important that the dignitary dealing with it, called the mir saman, ranked as an important minister
often senior in rank to the sadr. The sadr (or, more fully, sadr-i-jahan) was, as in the earlier
period, director of the religious matters, charities, and endowments.
Occasionally a higher dignitary, superior to the wazir and other ministers was also appointed. He
was called the vakil, and functioned like the naib (deputy) of the sultanate period. This
appointment, as under the sultanate, was sporadic, depending on the wish of the monarch and the
requirements of the situation. During the reigns of Akbar, Jahangir, and Shah Jahan, a period of
ninety-seven years (1560–1657), there were ten vakils whose terms of service totaled about
thirty-nine years. Ibn Hasan, the author of the Central Structure of the Mughal Empire, argues
that the post was primarily for show and honor, with the vakil as the head of the nobility but not
of the administration. To a large extent this is true, and normally the vakil was less effective than
the wazir, who controlled the purse, but theoretically the vakil was the king's deputy and even
the wazir referred to him whatever was "beyond his own ability." Abul Fazl calls him "the
emperor's lieutenant in all matters connected with the realm and the household," adding that
"although the financial offices are not under his immediate superintendence, yet he receives the
returns from heads of all financial offices and wisely keeps abstracts of their return”.

The splendor and stability of the Mughal rule was due to a succession of very capable rulers who
attempted to build up an efficient administrative system, choosing their principal officers on the
basis of merit. The most famous diwan under Akbar was Raja Todar Mal, who for a time acted
as the chief minister of the realm, but the contribution of Khwaja Mansur and Mir Fathulla
Shirazi to the building up of Akbar's revenue administration was perhaps equally great. Under
Jahangir, Itimad-ud-Daula, the father of Nur Jahan, who was a diwan even before his daughter
married the emperor, remained the chief wazir and diwan until his death. He was succeeded by
his son, Asaf Khan, who became the vakil just before the death of Jahangir. Itimad-ud-Daula and
Asaf Khan were able, efficient officers. Asaf Khan maintained his position until his death, but
his successors were selected on the basis of their scholarship and technical efficiency. Allami
Afzal Khan remained Shah Jahan's diwan for ten years, and the office was held from the
nineteenth to the thirtieth years of Shah Jahan's reign by the celebrated Saadulla Khan who, like
his predecessor, had won his post because of his learning, wisdom, and resourcefulness.

The diwan, who can perhaps be called the finance minister, had under him two principal officers,
called diwan-i-tan and diwan-i-khalsa, who were in charge of salaries and state lands
respectively. It is interesting that all the assistants of the diwan-i-khalsa under Shah Jahan's reign
were Hindus, and five out of the seven under the diwan-i-tan belonged to the same community.
Raja Raghunath Rai, who had been diwan-i-khalsa for some years, became sole diwan in the
thirty-first year of Shah Jahan's reign, and maintained this position until his death, during the
reign of Aurangzeb. Aurangzeb's principal wazir, who held office for thirty-one years, was Asad
Khan, originally his mir bakhshi. Next to him, the most famous mir bakhshi of the Mughal
period was Shaikh Farid, who played a decisive role in the enthronement of Jahangir.

The organization of public services was perfected during Akbar's reign, and was based on the
mansabdari system, borrowed originally from Persia. Every important officer of state held a
mansab or an official appointment of rank and emoluments, and, as members of an imperial
cadre, were liable for service anywhere in the empire. In 1573–74 Akbar classified the office
holders in thirty-three grades, ranging from commanders of ten to commanders of ten thousand.
The principal categories of Mughal mansabdars, however, were three: those in command of ten
to four hundred were commonly styled mansabdars (officers); those in command of five hundred
to twenty-five hundred were amirs (nobles); and those in higher ranks belonged to the category
of umara-i-kabir or umara-i-azim (grandees). The highest amir in the third category was honored
with the title of amir-ul-umara. In the eighteenth century this title was usually given to the mir
bakhshi. Until the middle of Akbar's reign, the highest rank which any ordinary officer could
hold was that of a commander of five thousand; the more exalted grades between commanders of
seven thousand and ten thousand were reserved for princes of royal blood. Toward the end of his
reign and under his successors these limits were relaxed.

Originally each grade carried a definite rate of pay, out of which the holders were required to
maintain a quota of horses, elephants, beasts of burden, and carts. But even in Akbar's days and
in spite of safeguards introduced by him, the number of men actually supplied by the mansabdars
rarely corresponded to the number indicated by his rank, and under Akbar's successors greater
latitude was allowed. The mansabdars were paid either in cash or by temporary grant of jagirs.
Theoretically, the mansabdars received enormous salaries, which appear all the more excessive
when it is realized that they did not normally maintain all the troops expected of them. It was
probably an awareness of this that led Shah Jahan to introduce the practice of paying salaries to
the mansabdars for only four months of the year instead of twelve, the implication being that the
actual income for part of the year was equivalent to what the emperor had originally intended for
the whole year. Even with this reduction, the mansabdars lived extravagantly. The tendency to
luxurious expenditure was undoubtedly heightened by the mansabdar's knowledge that on his
death, his whole property would be taken over by the state, pending satisfaction of any
outstanding claims by the treasury. But while there may have been little incentive to save within
the system, the high scale of salaries enabled the state to attract the ablest and most ambitious
individuals from almost the whole of southern and western Asia.

Appointment to the ranks of mansabdars was made by the emperor, usually on the
recommendation of military leaders, provincial governors, or court officials. In addition to the
mansabdars, there was a class known as ahadis, who though holding no official rank, were
employed in posts in the palace. They were usually young men of good families, who were not
fortunate enough to secure a mansab on their first application. Given an opportunity to show
their worth, they could then be promoted to the ranks of mansabdars. These mansabdars have
been compared to the Civil Service during British rule in that they formed an all-India cadre of
officials, liable to transfer anywhere in the empire and providing the personnel for all major
offices. The existence of a single imperial cadre undoubtedly gave a cohesion and unity to the
Mughal Empire that was lacking during the sultanate.

Provincial administration was greatly improved under Akbar, and in this respect the
Mughal period differs substantially from the sultanate. The boundaries of the provincial units
were more definitely fixed; and a uniform administrative pattern, with minor modifications to
suit local conditions, was developed for all parts of the empire. Further, drawing upon the
experiments introduced by Sher Shah, the provincial administration was strengthened, and each
province was provided with a set of officials representing all branches of state activity. By the
introduction of a cadre of mansabdars, liable to be transferred anywhere at the behest of the
central government and by the introduction of other checks, the control over the provinces was
made more effective.

The principal officer was the governor, called sipah salar under Akbar and nazim under his
successors, but popularly known as subahdar and later only as subah. Next to him in official
rank, but not in any way under his control, was the provincial diwan, who was in independent
charge of the revenues of the province. He was usually a mansabdar of much lower status than
the governor, but he was independent of the governor's control and was directly under the
imperial diwan.

The next provincial functionary was the bakhshi, or the paymaster. He performed a number of
duties, including, occasionally, the functions of the provincial newswriter. The diwan-i-
buyutat was the provincial representative of the khan-i-saman, and looked after roads and
government buildings, supervised imperial stores, and ran state workshops. The sadr and the qazi
were entrusted with religious, educational, and judicial duties.

The faujdar and the kotwal were the two other important provincial officials. The faujdar, who
was the administrative head of the sarkar (district), was appointed by the emperor but was under
the supervision and guidance of the governor. The kotwals were not provincial officers, but were
appointed by the central government in the provincial capitals and other important cities, and
performed a number of executive and ministerial duties similar to the Police Commissioners
during British rule in Bombay, Calcutta, and Madras. The ports were in charge of the mir bahr,
corresponding to the modern Port Commissioner, but with powers over customs also.

The Mughals interfered very little with the local life of the village communities, for they had no
resident functionary of their own in the villages. The muqaddam was normally the sarpanch
(head of the village panchayat, or council) and these panchayats continued to deal with local
disputes, arrange for watch and ward, and perform many functions now entrusted to the local
bodies.

Economy
The tax structure of the Mughal Empire was relatively simple in its theoretical formulation,
however much it was complicated by changing needs and local circumstances. Both revenue and
expenditure were divided between the central and the provincial government. The central
government reserved for itself land revenue, customs, profits from the mints, inheritance rights,
and monopolies. Land revenue was the most important source of income, as it has been
throughout Indian history, and more than doubled in value between the reigns of Akbar and Shah
Jahan. The principal items of expenditure for the central government were defense, the general
civil administration of the empire (including the religious organizations), maintenance of the
court and the royal palace, and the cost of buildings and other public works. The provincial
sources of income were the assignments of land revenue granted to the provincial governor and
his officials as a remuneration for their services, a variety of local taxes and cesses, transit dues
and duties, and fines and presents.

The Mughal revenue system was based on the division of the empire into subas or governorships,
sarkars or districts, and parganas, consisting of number of villages which were sometimes styled
mahals. (These were replaced during British rule by the somewhat large tehsils or talukas.) The
revenue staff had also to perform miscellaneous administrative duties, including the keeping of
the public peace, and recruitment of the military forces. The suba was modeled after the central
imperial structure. The sarkar was in the charge of the faujdar, or military commander, who
combined the functions of the modern district magistrate and superintendent of police. The
revenue work in the sarkar was looked after by the amalguzar, who would correspond to the
modern afsar-i-mal (revenue officer).

The levy of land revenue was based on survey settlements calculated after a detailed
measurement and classification of the cultivated areas. The nature of the crops grown and the
mean prevailing market prices were also taken into consideration in fixing the final assessment.
This assessment system, evolved after many experiments, became the basis of the survey
settlement of the British period. Akbar's revenue system in most areas was raiyatwari, the
revenue being collected directly as far as possible from the individual cultivator, and was
payable in cash. Akbar introduced the system in the greater part of northern India, and during the
viceroyalty of Aurangzeb, it was extended to the Deccan. The revenue system as evolved under
Akbar was thoroughly sound, but the government demand was heavy and amounted to one-third
of the produce. Abul Fazl tried to justify it by referring to the abolition of many miscellaneous
cesses and taxes, but it is not certain whether all the cesses abolished by royal order were given
up by subordinate officials. In the settlement of the Deccan during Aurangzeb's viceroyalty, the
state share was reduced to one-fourth.

Mughal emperors, particularly Akbar and Aurangzeb, continued to make cautious experiments
and improvements in the land-revenue system. The basic data was collected by detailed
measurement of land and assessment of the yield and estimates of productivity of each pargana
or assessment area. When sufficient data had been collected the system of group assessment was
introduced, with the alternatives of measurement and sharing being held in reserve.

That the Mughal rulers wanted the revenue system to operate fairly is evident from the guidance
to collectors of revenue given in the Ain-i-Akbari. "The Collector was directed to be the friend of
the agriculturist; to give remissions in order to stimulate cultivation … to grant every facility to
the raiyat, and never to charge him on more than the actual area under tillage; to receive the
assessment direct from the cultivator and so avoid intermediaries; to recover arrears without
undue force; and to submit a monthly statement describing the condition of the people, the state
of public security, the range of market prices and rents, the conditions of the poor and all other
contingencies.

The specifications were high at least on paper, but anyone who studies the procedure for giving
relief to the raiyats in case of hardships, the general instructions to the collectors, and the details
of the assessment system and mode of recovery is bound to be struck by the professional
competence of men like Todar Mal, Shah Mansur, and Amir Fathullah Shirazi, as well as the
statesmanlike benevolence motivating the state's basic policy. The British paid special attention
to revenue administration, and introduced many significant improvements, but it can be said
without injustice that on certain points the Mughal system compared favorably with the one that
evolved over a long period in British India. As an example, one may take the assessment of lands
newly brought under cultivation or reclaimed after having fallen out of cultivation. A variety of
scales of assessment was applied to such lands, such as a low initial rate, rising to the full amount
after five years. The collector was also able to vary the revenue demands to encourage wasteland
being cultivated. Regulations under the British were neither so liberal nor so flexible for this
particular kind of cultivation.

Another important difference between the British and the Mughal systems was the position of the
village accountant, or patwari. Throughout the Mughal period the patwari, who was responsible
for the maintenance of the financial records, was an employee of the village, not of the revenue
administration. Under the British system, however, he became an employee of the government.
This altered his relationship to the people, because previously he had been an agent for the
people, but now he became an instrument of government. This was one factor that led to the
weakening of village autonomy.

The Mughal theory and practice of revenue administration must be seen as the essential elements
underlying the later administrative structure of India. The great memorial to Mughal rule is not
so much the great architectural monuments that fill the subcontinent, but the governments of the
great successor states, India and Pakistan, which following the model of the period of British
rule, have maintained an administrative pattern that derives from the Mughals. "The District
system with the district officer as head of the public services and general factotum or Poo Bah,
the erection of an administrative hierarchy upon the basis of land revenue collection, and the
development of an involute maze of office procedure, these features of Mughal rule were all
accepted as the foundation of British rule; and, indeed, to an astonishing degree, in India and
Pakistan today local administration is Mughal in spirit.

The judicial system of the Mughals was very similar to that of the sultanate. It became more
systematic, particularly under Aurangzeb, but as compared with the judicial structure of British
India, it was very simple, being based on a different approach to many categories of disputes.
Normally no lawyers were allowed to appear. The disputes were speedily settled, often on the
basis of equity and natural justice, though of course in the case of Muslims the injunctions and
precedents of Islamic law applied where they existed. Many crimes—including murder—were
treated as individual grievances rather than crimes against society. The complaints in such cases
were initiated by the individuals aggrieved, rather than by the police, and could be compounded
on payment of compensation. The aim of the judicial system was primarily to settle individual
complaints and disputes rather than to enforce a legal code, as is indicated by the fact that the
criminal court was normally known as the diwan-i-mazalim, the court of complaints

All foreign travelers have commented on the speedy justice of the Mughal courts and the
comparatively few cases coming before them. The latter was partly due to the general prejudice
against litigation, but even more to the fact that a large number of disputes, particularly those
affecting the Hindus, were settled by the village and caste panchayats, and did not come before
the official courts. The Hindus were not debarred from taking cases before the qazi or the
governor—and frequently did so where other arrangements did not prove effective—but
normally they had their own arrangements for settling their disputes. Badauni has recorded that
according to Akbar's orders the cases of Hindus were to be decided by the Hindu judges and not
by the qazis. The Jesuit Father Monserrate says that "Brachmane (Brahmans) governed liberally
through a senate and a council of the common people" —referring presumably to the
administration of justice by these agencies. Local usage and custom ruled in most rural areas,
and, according to one estimate, perhaps not one person out of a hundred in the Punjab, for
example, was governed by the provisions of either the classic Hindu or Muslim law.

The judicial courts provided by the Mughals were principally of two types—secular and
ecclesiastical. Except during the reign of Aurangzeb, the principal courts for settlement of
disputes were presided over by the emperor, the governors, and other executive officers. Akbar
used to spend several hours of the day disposing of judicial cases, and governors followed the
same procedure in the provinces. In the Ain-i-Akbari we find the instructions issued to a governor
detailing the judicial procedure he should follow.

Apart from the secular courts and the panchayats, the principal agency for the settlement of
disputes was the qazis' court. The qazi, being the repository of Muslim law, attended the hearing
of cases by the executive authority, whether governor, faujdar or kotwal, and assisted the latter in
arriving at a decision consonant with Quaranic precepts. Presumably the civil disputes of
Muslims were, as a rule, left to the qazis to be settled according to the canon law. When both
parties in a dispute were Hindus, the point at issue was referred to Hindu pandits for an opinion.
This principle was supported by the Fatawa-i-Alamgiri, the authoritative digest of Islamic law,
where it is held that "Dhimmis … do not subject themselves to the laws of Islam either with
respect to things which are merely of religious nature, such as fasting or prayer, or with respect
to such temporal acts, as though contrary to [Islam], may be legal by their own, such as sale of
wine or of swine's flesh, because we [Muslim jurists] have been commanded to leave them at
liberty in all things, which may be deemed by them to be proper according to the precepts of
their own religion." These provisions presumably related to religious matters. In the case of
Muslims, the secular types of criminal suits went to the kotwal, while the religious and civil
cases, such as concerning inheritance, marriage, divorce, and civil disputes went to the qazis'
courts.

The death penalty normally had to be confirmed by the emperor, but there seem to have been
departures from the rule. A Dutch resident of India states that fines represented the normal mode
of settling all disputes in Mughal India. Capital punishments and mutilations were frequent, and
there are records of impaling, dismemberment, and other cruel punishments. They were,
however, limited in their incidence and were inflicted only under the royal orders. Furthermore,
they were confined to those cases where an example was to be made of the individual concerned.
Imprisonment was not a method of punishment that appealed to the Mughals. It was seldom used
as a sentence in private cases, though it was sometimes resorted to for preventive purposes.
Whipping was commonly used. The Muslim punishment of parading the offender in an
ignominious condition seems to have been frequently used, as it coincided with the Hindu
tradition as well.

The assessments made by two acute British observers on Mughal government as they saw it in a
period of decline may serve as summary of the Mughal achievement as administrators. Luke
Scrafton, who was resident for the East India Company at the capital of Bengal in 1758, declared
that until the invasion of Nadir Shah in 1739 "there was scarce a better administered government
in the world. The manufactures, commerce, and agriculture flourished exceedingly; and none felt
the hand of the oppression but those who were dangerous by their wealth or power." Mughal
government was despotic, and official corruption increased from the reign of Jahangir, but on the
whole, the judgment of the English historian, Sidney Owen seems just: "Whatever its defects, it
was … a grandly conceived, well-adjusted, and beneficent structure of government. … Taxation
was light; and its most productive source, the land revenue, was moderately assessed, and
equitably adjusted. Foreign commerce was protected and favoured; and the English East India
Company throve, and multiplied its factories, under the shadow of the Imperial authority. The
judicial system, though what we should consider crude and capricious, as well as too often
corruptly exercised, was not liable like our own to the tedious delays which have been its
reproach, and which have so much tended to obstruct, and even defeat, the course of justice. And
the right of appealing to the Emperor from inferior tribunals, though too generally a futile
privilege, was sometimes really remedial, and probably was a standing check to judicial iniquity.
Much the same may be said as to the provincial Governors”.

It was the normal policy of the Timurid rulers, both in their original Central Asian homelands
and in India, to encourage trade. As in much else, Sher Shah Suri during his brief reign (1538–
1545) set a pattern that was followed by the later Mughals, especially Akbar, when he
encouraged trade by linking together various parts of the country through an efficient system of
roads and abolishing many inland tolls and duties. The Mughals maintained this general policy,
but their rule was distinguished by the importance which foreign trade attained by the end of the
sixteenth century. This was partly the result of the discovery of the new sea-route to India; but
even so, progress would have been limited if conditions within the country had not been
favorable.

Legal System under the Mughal Administration

During the Mughal period (1526-1857) the Mughal emperor was considered the ‘fountain of
justice’. The emperor created a separate department of justice (Mahakuma-e-Adalat) to regulate
and see that justice was administered properly. The important courts functioning during this
period were as follows:
Courts at Capital
Three important courts were functioning at the capital city of Delhi. They were as follows:
(a) The Emperor’s Court: The Emperor’s court presided over by the emperor himself, was
the highest court of the empire. This court had jurisdiction to hear both civil and criminal cases.
The Emperor while hearing the cases as a court of first instance, was assisted by Daroga-e-
Adalat, Mufti and Mir Adil. While hearing appeal the Emperor presided over a Bench
consisting of the Chief Justice (Qazi-ul-Quzat) and other Qazis of the Chief Justice’s court.
The Emperor referred points for – opinion regarding authoritative interpretation of law on a
particular point to the Chief Justice’s court.
(b) The Court of Chief Justice: This was the second important court at the capital, this court
presided over by the Chief Justice was assisted by two Qazies of great importance who were
attached to this court as puisne judges. This court had jurisdiction to try original, civil and
criminal cases and also to hear appeals from the Provincial courts. It had also supervisory
power over the working of the Provincial courts.
(c) Chief Revenue Court: This was the third important court in Delhi. It was the highest court
of appeal to decide revenue cases. This court was also assisted by the same four officials as
mentioned below.
In each court, as stated above, four officials were attached- Daroga-e-Adalat, mufti, Muhtasib
and Mir Adil. Apart from the above-stated three important courts, there were also two courts in
Delhi. The court of Qazi-e-Askar was a special court to decide military matters. This court
moved from place to place with troops. Another court was the court of Qazi of Delhi which sat
in the absence of the Qazi-ul-Quzat to decide local civil and criminal matters.

Provincial Courts
In each Province there were following three types of courts:
(a) The Governor’s Court (Adalat-e-Nazim-e-Subah): The Governor or Nazim
presided over this court and he had original jurisdiction in all cases arising in the Province. This
court had also jurisdiction to hear appeals from the subordinate courts. Further appeal from this
court lay to the Emperor’s court. This court had also supervisory power over the administration
of justice in the Province. One Mufti and a Daroga-e-Adalat were attached to this court.
(b) The Provincial Chief Appeal Court (Qazi-i-Subah’s Court):
This court heard appeals from the decisions of the Qazis of the districts. The powers of Qazi-i-
subah were co-extensive with those of Governors. This court had original civil and criminal
jurisdiction as well. The officers attached to this court were, Mufti, Mohtasib, Daroga-e-Adalat-
e-Subah, Mir Adil, Pandit, Sawaneh Nawis and Waqae Nigar.

(c) Provincial Chief Revenue Court (Diwan’s Court): This court presided over by Diwan-e-
Subah had original and appellate jurisdiction in all revenue matters. An appeal from this court
lay to the Diwan-e-Ala at the Imperial capital. Four officers attached to this court were-
Peshker, Darogha, Treasurer and Cashier.

District Courts
In each district there were following four courts:
(a) District Qazi: The chief civil and criminal court of the district was presided over by
the Qazi-e-Sarkar. This court had jurisdiction to try all civil and criminal matters. Appeal
from this court lay to the Qazi-e-Subah. Qazi-e-Sarkar was the principal judicial officer in the
District. Six officers were attached to this court- Darogha-e-Adalat, Mir Adil, Mufti, Pandit,
Mohtasib and Vakil-e-Sharayat.
(b) Faujdar Adalat: This court presided over by a Faujdar had jurisdiction to try cases
concerning riots and state security. An appeal lay to the court of Governor from the decisions of
this court.
(c) Kotwali Court: This court presided over by a Cotwal-e-Shahar decided all petty criminal
cases. Appeals from this court lay to the Qazi-e-Sarker.
(d) Amalguzari Kachari: This court presided over by an Amalguzar decided revenue matters.
An appeal from this court lay to Diwan-e-Subah’s adalat.
Parganah’s Court
In each Parganah there were three courts:
(a) Qazi-e-Parganah’s Court: This court had jurisdiction over all civil and criminal cases
arising within its original jurisdiction. This court had no appellate jurisdiction. Appeal from this
court lay to the court of District Qazi.
(b) Court of Kotwal: This court decided all petty criminal cases. Appeals from this
courts’ decision lay to the Court of District Qazi.
(c) Amin-e-Parganah: This court presided over by an Amin decided all revenue matters. An
appeal from this court lay to the District Amaguzar.
Village Courts
In each village two types of courts were working- court of village panchayat and the court of
Zaminder. The village panchayat consisted of five persons headed by a headman. The
panchayat had the power to decide petty local civil and criminal matters. No appeal was
allowed from the decision of a panchayat. In the late Mughal period, Zaminder’s courts were
empowered to try petty criminal and civil matters.
(1) Crime and Punishment in the Mughal Administration

A systematic judicial procedure was followed by the courts during the Mughal period. The
judicial procedure was regulated by two Muslim Codes namely Fiqh-e-Firoz Shahi and
Fatwai-i-Alamgiri. Evidence was classified into three categories- (a) full corroboration; (b)
testimony of a single individual; and (c) admission including confession. The court always
preferred full corroboration to other classes of evidence. The Muslim criminal law broadly
classified crimes under three heads: (i) crimes against God; (ii) crimes against the King; and
(iii) crimes against private individual. During the Muslim period trial by ordeal as existed in
Hindu period was prohibited. Instead three forms of punishments were executed by the courts
under Muslim law for above three types of crimes.

(a) Hadd (fixed penalties): This is the form of punishment which was prescribed by the
cannon law and could not be reduced or modified by human agency. Hadd meant specific
punishments for specific offences. It thus provided a fixed punishment as laid down in Sharia
for crimes like theft, robbery, whoredom (zinah), apostasy (ijtidad), defamation and
drunkenness. It was equally applicable to Muslims and non-Muslims. The state was under a
duty to prosecute all those who were guilty under Hadd. “No compensation was granted under
it. For instance, stoning to death was prescribed for adultery or drinking wine, cutting off the
right hand for theft etc. All offences for which Hadd was prescribed as punishment are
characterised as offences against God, in other words, against ‘public justice’.
(b) Tazir (Discretionary Punishment): This was another form of punishment which meant
prohibition and it was applicable to all crimes which were not classified under Hadd. Offences
for which tazir was fixed were all offences against God. It included crimes like gambling,
causing injury, minor theft etc. Under Tazir the kind and amount of punishment was left
entirely with the judge’s wish; courts were free to even invent new methods oi punishing the
criminals e.g. cutting out the tongue, impalement etc. The object was to reform the criminal.
(c) Qisas (retaliation) and Diya (blood money): Qisas meant, in principle, life for life and
limb for limb. Qisas was applied to cases of willful killing and certain types of grave
wounding or maiming which were characterisd as offences against human body. Qisas was
regarded as the personal right of the victim or his next of kin, to inflict a like injury on the
wrong-doer as he had inflicted on his victim. Under Qisas the relatives or successors of the
murdered person could excuse the murderer. Qisas^ became Diya when the next of kin of the
victim was satisfied with money as compensation for the price of blood. This also could not be
reduced or modified either by the Quzi or the Emperor. In cases where Qisas was available, it
could be exchanged with diya or blood money.

(2) Defects of Muslim Administration of Justice

The Muslim administration of justice particularly the criminal justice in medieval India
suffered from many defects. The British people who gradually took over to administer justice
here always had an owl-look over the Muslim criminal law. Warren Hastings declared it to be
a more barbarous law than anything. The inherent defects of Muslim administration of justice
were as follows:
(i) The judicial administration was defective in the sense that there was no separation between
the executive and judiciary. The emperor who was the head of the government was also the
fountain of justice and administered justice directly.
(ii) In many cases Muslim criminal law was not certain and uniform. In practice it was
discovered that the law laid down in Hidaya and Fatwa-e-Alamgiri was mostly conflicting.
There were differences of opinions among Muslim jurists which gave the Qazis a good deal of
leeway to interpret the law and apply it to a specific fact before him. Thus in each case the
interpretation of law depended on the Qazi.
(iii) The Muslim criminal law did not draw any distinction between public law and private
law. Criminal law was regarded as a branch of private law. It had not developed the idea that
crime was an offence not only against the injured individual but also against the society as
well.
(iv) Muslim criminal law suffered from much illogicality. This is because crimes against God
were regarded crimes of an atrocious character. Crimes against men were regarded as crimes
of a private nature and punishment was regarded as private right of the aggrieved party.
(v) The most defective provision in Muslim criminal law was the provision of Diya. In many
cases the murderer escaped simply by paying money to the dependants of the murdered
person. Many evil practices developed out of it.
(vi) In cases where murdered person left no heirs to punish the murderer or to demand blood-
money no specific provisions was available in Muslim law. A minor heir was to wait till he
attained majority for punishing the murderer or demanding the blood-money.
(vii) Though Muslim law tried to distinguish between murder and culpable homicide, it did
not rest on the intention or want of intention of the culprit. It rested on the method of weapons
employed in committing the crime. This was peculiar and generated grave injustice.
(viii)The law of tazir which provided for discretionary punishment was also very vague which
gave too much power to the judges. On the one hand, even innocent persons were punished by
the courts while on the other hand, it led to corruption and injustice. Punishment could be
unduly severe or ridiculously light as there was no standard or measure for them.
(ix) The law of evidence under Muslim law was very defective unsatisfactory, and of
primitive nature which made conviction of offenders quite difficult. For example, no Muslim
could be given capital punishment on the evidence of an infidel. In other cases evidence of
one Muslim was regarded as being equivalent to those of two Hindus. Evidence of two women
was regarded as being equal to that of one man. Again, evidence was to be direct; no
circumstantial evidence was allowed. To convict a man for rape, for example, it was necessary
to have four witnesses who would swear that they had actually seen the accused in the very act
of committing the offence. A thief would be convicted only on the evidence of two men, or of
one man and two women. It was an invariable case rule to exclude the evidence of women in
all cases under haddor qisas.
(x) The nature of punishment of stoning, mutilation etc were so cruel and inhuman that no
flesh and blood could even think of it in a civilized society. The punishment of mutilation
meant slow, cruel and lingering death to the unfortunate person who had to undergo it, for he
could not adopt any means of livelihood. The manner was one to give gooseflesh in ones
body. The culprit was tied down. The executioner took a blunt hatchet and hacked off the hand
by the joint of a wrist and the foot by the joint of an ankle. The bleeding stump was
immediately immerged into a pot of boiling butter (ghee) in order to stop bleeding.