GUJARAT NATIONAL LAW UNIVERSITY

JUDICIAL HISTORY OF JODHPUR

Harshita Rathore

rd
3 Year B.A L.L.B Student

Gujarat National Law University

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CONTENTS

1. ABSTRACT 3
2
. HISTORICAL BACKGROUND OF THE JUDICIAL SYSTEM IN
RAJASTHAN 4
3. REFORMS OF MAHARAJA JASWANT SINGH 4
4. STATE COURTS 5
5. OTHER COURTS 7
6. THE JAGIRDARS’ COURTS 7
7. THE IJLAS-I-KHAS 9
8. THE MAHARAJA’S PREROGATIVE 10
9. PRESENT SETUP 11
10. CONCLUSION 12
11. REFERENCES 13
12. BIBLIOGRAPHY 14

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ABSTRACT

The following research presents the history of judicial system in the city of Jodhpur.
Jodhpur is the second largest city in the Indian state of Rajasthan. Also known as the
"Sun City" for the clear, sunny climate, or the "Blue City" due to the houses in the
city painted blue, Jodhpur is a famous tourist destination. Located approximately at
the geographical center of the state of Rajasthan, and also being the district
administrative centre, Jodhpur thus is a judicial administration of the state

Jodhpur is a city with a great historical significance and a history that ages back to
1459 AD. It has been the capital of the Marwar Kingdom and thus the city is central to
the legal developments of the Marwar and also subsequently Rajasthan. The research
traces the development of judicial system in and around Jodhpur during and after
colonial rule with emphasis on the hierarchy and system in each period, particularly
emphasising upon the reforms undertaken by Maharaja Jaswant Singh and the
prevailing elaborate judicial system. The research then focuses s to current setup, in
the way elaborating upon the factors that led to the development of current judicial
system.
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HISTORICAL BACKGROUND OF THE JUDICIAL SYSTEM IN

RAJASTHAN1
th th
In the 18 century and during the beginning of the 19 century, system of judiciary was
quite inadequate in the state. The judgements were made partly on the basis of customary
Hindu Law and partly Muslim Law. Punishments in the form of ordeals 1 were also
prevalent. In big towns, the Nagar Seth was the person to deliver justice with the help of
2
local Chauthia . All the civil cases were arbitrated by the panchayats only. Due to the
political anarchy, external invasions and internal disturbances were the reasons for
3
inadequate of justice. The panchayats, Hakims and Dewans exercised arbitrary powers
in deciding the cases.

At the capital, the ordinary cases were tried by a bench of four judges, who after reporting
the case to the Maharaja, acted according to his instructions. But in the matter of serious
cases, four persons, i.e., the Dewan, the Vakil, the Bakshi and one other judicial official,
were also present. Cases in the town were decided by Kotwals, the Munsif, the
Waqa Nawis and the Ittla Nawis. At the district level, the judicial administration was
taken care of by the Hakim, the Karkun, the Munsif, the Waqa Nawis and the Ittla
Nawis. (if possible would like to see flow chart here)

Gradually during the colonial rule the administration was improved and the roots of a
adequate judicial set up in Jodhpur traces back to 1873. During this period the
appointement British Political Agent at Jodhpur led to the setting up of a genuine
civil and criminal court and a court of appeal four years later. This arrangements
exteremely helped in streamlining the judicial administration of the city. However
commendable advances only took place in the reign of Maharaja Jaswant Singh II
who tried to introduce reforms in the judicial system in 1882.

JUDICIAL REFORMS OF MAHARAJA JASWANT SINGH4:

Maharaja Jaswant Singh introduced several reforms in the judicial system in order to
make it more efficient:

(i) Creation of a strong police system to suppress crime.

(ii) Creation of new courts and the introduction of statutory laws.

1
Nirmala M. Upadhyaya, The Administration of Jodhpur State, 1800–1947 A.D, 1976, International
Publishers.
2 A form of panchayat
3 The district officers
4 Rajasthan [district Gazetteers]- Jodhpur, Government Central Press, 1979

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1
During the ancient times odeals was a popular traditional method of investigation used when no
concrete evidence was available on either of side
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(iii) The powers of the leading nobles were brought into affinity with the
mechanism of the State law courts (what this Means???), after a proper
definition and classification of the same into three grades, and
(iv)A vigorous board of control called Mahakama Khas was put into place (in
1882).

5
The Mahakama Khas when established, exercised full powers of revision and was
the final court of appeal for both civil and criminal cases. Only its capital sentences
and decisions in adoption and important Jagir 2 cases were subject to confirmation by
the Maharaja.

The next important step in the development of the judicial system was the
establishment of Chief Court in 1912. Nearly all the powers of the Mahakama Khas
were transferred to this court andthe entire judicial system was reorganised. At the
same time, the State was divided into four circles with a judicial superintendent in
charge of each circle. The powers of all the courts were properly defined and for the
first time in its history, rules regarding the examination and enrolment of vakils were
introduced. Further reorganisation of the department took place in 1924. The District
and Sessions Court replaced the Faujdari and Civil Courts and the Court of Sardars,
two courts of Honorary Magistrates were established and courts of Naib Hakims were
also created.
Some analysis required… if I have understood correctly there is some mistake in the
explanation part in order of point I, ii, iii, iv

STATE COURTS

The State Courts were those which were presided over by the officials employed by
the Darbar or by Jagirdars or their Managers. The State Courts included one Chief
Court, three District and Sessions Courts, five judicial Superintendents and District
Magistrate Courts, one small causes court and twenty three courts presided by the
Hakims, with whom were associated the Kotwals of the places concerned. Jurisdiction
of these courts is as given below: (flow chart to be added)

THE CHIEF COURT:

On the criminal side, the Chief court exercised original jurisdiction in all criminal cases in
which the death penalty was laid down and in such cases against Tazimi Sardars which
were sent for trial to that court in place of to a special tribunal. Appeals against

5
The highest judicial tribunal

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2
Define Jagis system here
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acquittals were with the Chief Court. Cases in which the Sessions Judge was of the
opinion that capital sentence was to be given to the accused, were submitted to the
Chief Court. Appeals against conviction by Thikana courts lay with the Chief Court.

On the civil side, the Chief Court had power to try original civil suits of the value of ₹
10,000 and over. As regards of appeals, the Chief Courts heard appeals direct from the
decrees of the Thikana Courts and the original decrees of the District Courts. It also
heard second appeals in a Division Bench from the decrees of the Judicial
Superintendents’ Courts and in a single bench from the decrees of the Hakim’s Courts.
Appeals against the original judgements of the Chief Court lay with a Division Bench.

DISTRICT AND SESSIONS COURT:

Each of the three courts had territorial jurisdiction over a group of Hakumats and a
division of the city of Jodhpur. Each court was presided over by a District and
Sessions Judge6.

On the civil side, these courts were empowered to try original suits of the value over
₹ 4,000 and under ₹ 10,000 and to hear appeals from the decrees of the Judicial
Superintendents in suits of the value of ₹ 1,001 to 4,000.

On the criminal side, as Courts of Sessions they had power of awarding any sentence
except that of death, but the sentence of life imprisonment passed by them was subject
to confirmation by the Chief Court. All appeals against convictions by First Class
Magistrates presiding over the State Courts lay with the Courts of Sessions.

JUDICIAL SUPERINTENDENT COURTS:

There was Judicial Superintendent’s Court for each of the four circles of Mallani, Sojat,
Sambhar and Phalodi. The City Kotwal was the judicial superintendent for the
Jodhpur city. Thus, there were five Judicial Superintendents’ Courts in all.

On the civil side, the Judicial Superintendents had jurisdiction in suits of the value of
₹ 1,000 to ₹ 4,000 and responded to appeals against the judgements of the Hakims and
st
Naib Hakims. On the criminal side, they exercised the powers of Magistrates of the 1

6
Rajasthan [district Gazetteers]- Jodhpur, 1979, Government Central Press

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class, and the power of responding to appeals against conviction by Magistrates of the
lower classes. They also had the powers of the District Magistrates.

HAKIMS’ COURTS:

During the year 1945-46 there were twenty-three Hakim Courts. On the civil side, the

Hakims, including the Joint Kotwal No. 1 had jurisdiction in suits up to ₹ 1,000.
Whereas in the criminal side, they played the role of First Class Magistrates, but
without any appellate powers.
Provide a block and summersie on flow chart of the courts. Put all the flow charts in
boxes

OTHER COURTS7
Go
Direct in Writing
Accorinding the information of Gazzeetters of the Jodhpur3 the other courts then
mentioned above were also existed

NAIB HAKIMS’ COURT:

The Naib Hakims tried monetary suits up to the value of ₹ 200; but the Naib Hakim at
the Kotwali, who was designated as Joint Kotwal No. 2 was empowered to try suits of
all kinds up to ₹ 200. On the criminal side, Naib Hakims were Third Class
Magistrates for the first two years of their service and after that period they were
invested with
Second Class Magistrate’s powers, if they were considered fit to exercise them.
Looking into the practice which was exisiting during the Colonial rule it has seen that
to impart to impart speedy judgement and to reduce the number of unattended cases
pending in the immediate appealet court. Deputy court were established.

HONORARY COURTS:

There were three Honorary Courts for the city of Jodhpur and suburbs. Four Honorary
Magistrates presided over each court in turn for a period of three months each. On the
civil side, they tried monetary suits up to ₹ 100 and on the criminal side they were Third
Class Magistrates, taking cognizance of offences coming under certain sections of the
Marwar Penal Code. They were also invested with jurisdiction in case of offences under
Section 26 of the Police Act and the Prevention of Cruelty to Animals Act.

THE JAGIRDARS’ COURTS8

In Marwar, there were originally 59 Thikhana courts9, and were divided into three
grades.

7 Ibid.
8 Ibid.
9 Ibid.

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3
Give details of Gazetteer
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FIRST GRADE – Authorised to try civil suits not exceeding ₹ 1,000 in value and to
pass a sentence up to six months imprisonment and a fine of ₹ 300 and in default
three months’ jail.

SECOND GRADE – Authorised to try civil suits not exceeding ₹ 500 in value and to
pass a sentence of three months’ imprisonment and a fine of ₹ 150 and in default one
and a half months’ jail.

THIRD GRADE – Authorised to take up suits of a value not exceeding ₹ 300 and
could award one month’s imprisonment and a fine up to ₹ 100.

In the case of civil suits of the value above these monetary limits, the Jagirdars of each
of the three grades had powers to pass consent decrees up to any amount. In contested
suits of a value above these monetary limits, the Jagirdars, sent the file to the chief
court, which took further course of action.

The criminal powers of the Jagirdar’s courts were lower than those of the corresponding

Magistrates presiding over the State courts. In criminal cases, appeals against
conviction by Thikana courts lay with the Sessions judge concerned, in civil cases
also, appeals against decrees of the Thikana courts lay with the District courts.

RESTRICTIONS

Under Ijlas-i-khas notification of 1939, out of 59 Thikanas which were originally invested
with judicial powers, 36 Thikanas were permitted to exercise judicial powers, both civil
and criminal, in accordance with the provisions of the Jagirdar’s Judicial

Powers Act of 1915 as amended in 1933 and thereafter the Jagirdars were ordered to
observe the following conditions:

(a) To appoint properly qualified judicial officers to assist them;

(b) To appoint trained, retired or lent police officers of the Jodhpur state or any
other State of sufficient importance, in charge of the Thikana police.

The Darbar reserved to itself the right, at any time to deprive any Jagirdar temporarily
or permanently, of judicial powers, and police authority, when in the opinion of the
Darbar he had proved himself unworthy of the exercise of such authority.

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THE IJLAS-I-KHAS:

10
The Ijlas-i-khas , which was a part of the Mahakama Khas till then, was separated
from the latter and constituted as an independent department, with a budget of its own,
and the Legal Advisor as head of the department was placed in the portfolio of the
Chief Minister under the order of 1945.

POWERS OF THE IJLAS-I-KHAS

Above all the ordinary State courts, there was Ijlas-i-Khas or the court of Maharaja,
who was the head of justice. This tribunal disposed of appeals and petitions to His
Highness in civil, criminal, revenue and other matters. All sentences of death passed
by the Chief Court were subject to confirmation by the Maharaja. The procedure in
such cases was that a committee consisting of the Judicial Minister and one other
minister heard the case. A report was then submitted to the Maharaja in Council and
final orders were passed by the Maharaja.

CRIMINAL POWERS-

Appeals and petitions to the Maharaja lay with the Ijlas-i-khas in the following cases:

1. Any person convicted and sentenced to death by the Chief Court may prefer
an appeal to Ijlas-i-khas.
2. Any person convicted on a trial held under chapter XXXIII of the Marwar
Criminal Procedure Code by the Chief Court or by a special tribunal may
prefer an appeal to the Ijlas-i-khas.
3. The Government Advocate, if so directed by the Government of the State or by an
officer appointed by the government of the State in this behalf, may prefer an
appeal to Ijlas-i-khas against an order of acquittal passed by the Chief Court or a
Special Tribunal in cases tried under the Marwar Criminal Procedure Code.

CIVIL OR REVENUE CASES11- (Need to written again with analysis avoid

giving footnoting on heading)

Civil appeals could be preferred to the Ijlas-i-khas in cases noted below:

10 Rajasthan [district Gazetteers]- Jodhpur,1979, Government Central Press please also mention
that what this term means
11 Ibid.
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1. Any person dissatisfied by a decree or final order of the Revenue Minister

passed in a Revenue suit could prefer an appeal to the Ijlas-i-khas provided the
value of the subject matter of the first instance was ₹ 2,000 or more and the
value of the subject matter in dispute on appeal was the same or more.
2. Any person aggrieved by the order of Minister under Land Acquisition Rules,
Marwar Customs Act, Municipality, Walter Krit Sabha, Marwar Escheat of
Property Ordinance and Bapi Rules could prefer an appeal to the Ijlas-i-khas.
He could do so also in case of an order against which an appeal to Ijlas-i-khas
was specially provided by any law in force.
3. Any person convicted and sentenced for a contempt of court by the Chief
Court under the provisions of the Marwar Contempt of Court Act 1941, could
prefer an appeal to the Ijlas-i-khas.
4. An appeal lay with the Ijlas-i-khas against an original or appellate order of the
Minister-in-charge removing or dismissing a State servant drawing a salary of
₹ 45 per month or above.

THE MAHARAJA’S PREROGATIVE12 ()avoid footnoting the subtitle convert

in your own language analyse and resubmit- Please try
to find some cases from AIR of
pre –Independence You can easily get from manupatra. This will help you in
determining the type of Crimes and standards of Justice.

The Maharaja had the prerogative to provide for appeals to himself against or revision
by him of any order or a decree of any court in the state or to effect any how his
prerogative of mercy and pardon, or his powers of remission, alteration or reduction of
sentences conditionally or otherwise.

According to the Marwar Criminal Procedure Code, the Maharaja had the power to
remand the case against a Tazimi Sardar in Chief Court or Special Tribunal or transfer
the serious cases in other courts.
12
Ibid.

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PRESENT SETUP:

RAJASTHAN HIGH COURT-

On the top of the judicial hierarchy of the State is the High Court which has its
headquarters at Jodhpur. The High Court, as a court of record, came into existence for
the first time in August 1949, with the seat of the newly formed High Court located at
13
Jodhpur with the benches at Jaipur, Udaipur, Bikaner and Kota . These were
subsequently dissolved, the last three in 1950-51 and the first in 1958, and thus all the
operations of the High are localised at Jodhpur since then. The court consists of eight
permanent judges including the Chief Justice and four additional Judges. One more
post of Additional Judge has been sanctioned recently. The required strength of the
judges is around 40 but currently only 22 legal experts are working.

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THE COURT OF DISTRICT & SESSIONS JUDGE, JODHPUR - please follow
the earlier directions

The court of District and Sessions Judge, Jodhpur has jurisdiction over the Jodhpur
and Jaisalmer districts.

Until 1.9.1962, there was no separation between the executive and judicial powers in
Rajasthan. It meant that the executive courts had powers to hear and decide cases of
I.P.C. and other Acts, while the judiciary confined themselves to civil cases only. In
1962, the Rajasthan government decided to separate the executive from the judiciary.

Decentralisation of judiciary took place In 1960, with the amendment of the Rajasthan
Panchayat Act which enabled Nyaya Panchayat to hear civil and criminal cases. At
present there are 52 Nyaya Panchayats in the Jodhpur district.

By Notification dated January 4, 2011, Jodhpur Metropolitan Judgeship came in to

15
existence on 4th January 2011 by separation from District and Session Court, Jodhpur .

13 http://hcraj.nic.in/history1.html, accessed on 30/01/2013

14 Rajasthan [district Gazetteers]- Jodhpur,1979, Government Central Press
15 http://districtcourts.nic.in/ecourts/Jodhpur/Jodhpur/docs/History.html, accessed on 30/01/2013

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LOK ADALATS:

‘Lok Adalat’16 – means the people’s court. This court is presided over by a retired or a
sitting judge. The Lok Adalat has original jurisdiction over disputes related to public
utility services like hospitals, post office, transport etc. and aims at fast disposal of
cases related to the same. The order issued by the Adalats is final. Currently, only the
states of Rajasthan and Haryana have permanent Lok Adalats.

CONCLUSION

Hence the article outlines the evolution of the Judicial System in the State of
Rajasthan with particular focus on Jodhpur during the British Raj. The system has
changed over the years under different administrations and times. All we can say is
that no system is ever perfect, and reformation is a continuous process. It is not clear
from the refered records about the grounds of Appointment of Judges. And how the
proceedings in court use to take place at that time. It has been also observed that
not much research has been undertaken so far to dig deeper into the Judicial History
of the City
16
http://www.mapsofindia.com/maps/rajasthan/government-politics/judiciary.html, accessed on
30/01/2013

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REFERENCES:

1. G.H. Ojha, Jodhpur Rajya ka Itihasa (History: Kingdom of Jodhpur), Vaidika

Yantralaya, Ajmer, 1938.
2. V.P. Menon, Story of the Integration of the Indian States, Sangam Books Ltd.,
1999.
3. S.S.Saxena & Padmaja, Bijoliya Kisan Andolan Ka Itihas, Centre for
Rajasthan Studies, 1999
4. Rosemary Crill, Marwar Paintings: A History of the Jodhpur Style, India Book
House, Mumbai, 1999
5. Mohanram Maruka, Marwar ka Itihas in Jat Samaj (January-February, 1998),
Agra
6. Dr Natthan Singh, Jat-Itihas, Jat-Samaj Kalyan-Parishad, Gwalior, 2004

7. The Administration of Jodhpur State, 1800–1947 A.D., by Nirmala M.

Upadhyaya, International Publishers, 1976.
8. Rajasthan [district Gazetteers]- Jodhpur, Government Central Press, 1979

9. http://www.mapsofindia.com/maps/rajasthan/government-
politics/panchayats.html
10. http://www.mapsofindia.com/maps/rajasthan/government-politics/high-
court.html
11. http://www.highcourt.net.in/rajasthan-high-court.html

12. http://www.jatland.com/forums/showthread.php?18800-History-of-Marwar-
in-Rajasthan-Part-I
13. history.iisuniv.ac.in/courses/subjects/history-and-culture-modern-rajasthan-
1761-1949-ad
14. http://www.mapsofindia.com/maps/rajasthan/government-
politics/judiciary.html
15. http://rajasthanjudicialacademy.nic.in/history.html
16. http://districtcourts.nic.in/ecourts/Jodhpur/Jodhpur/docs/History.html
17. http://hcraj.nic.in/history1.html

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BIBLIOGRAPHY:

1. G.H. Ojha, Jodhpur Rajya ka Itihasa (History: Kingdom of Jodhpur), Vaidika

Yantralaya, Ajmer, 1938.
2. V.P. Menon, Story of the Integration of the Indian States, Sangam Books Ltd.,
1999.
3. S.S.Saxena & Padmaja, Bijoliya Kisan Andolan Ka Itihas, Centre for
Rajasthan Studies, 1999
4. Rosemary Crill, Marwar Paintings: A History of the Jodhpur Style, India Book
House, Mumbai, 1999
5. Mohanram Maruka, Marwar ka Itihas in Jat Samaj (January-February, 1998),
Agra
6. Dr Natthan Singh, Jat-Itihas, Jat-Samaj Kalyan-Parishad, Gwalior, 2004

7. The Administration of Jodhpur State, 1800–1947 A.D., by Nirmala M.

Upadhyaya, International Publishers, 1976.

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