Public Administration in Ancient India c15.7

c15.7

At the head of the judicial system stood the King's Court. This Court was held at the capital, and was presided over, sometimes by the King himself, but more often by a learned Brāhmaṇa appointed for the purpose, who was known as the Adhyaksha or Sabhāpati. The Adhyaksha perhaps originally selected for each particular occasion in course of time became a permanent Officer-of-State, and held the position of the Chief Justice (Prāḍvivāka) of the realm. The King, together with the Prāḍvivāka and three or four other judges (dhārmikāḥ), formed the highest Court of Justice.³ It was, however, the Chief Justice who in reality presided over the King’s Court, even when the King was present. Nārada says: “Attending to the dictates of the law-book, and adhering to the opinion of his Chief Justice, let him (i.e. the King) try causes in due order, adhibiting great care.”¹ Brihaspati describes the respective duties of the different members of the King’s Court in these words: “The Chief Justice decides causes: the King inflicts punishments: the judges investigate the merits of the case.”² The number of judges varied. According to Manu, three judges, besides the Chief Justice, were enough to form a court, but Chānakya held that the judicial assembly should consist of six persons,—three Officers-of-State, and three other learned persons.³ According to the Sukranīti, the number of judges was to be uneven,—seven, five, or three.