Pramāṇa · Search · About · API

Hindu Administrative Institutions c8.s4: Appendix: The General Assembly

Hindu Administrative Institutions c8.s4

Language
English

Contents

Appendix: The General Assembly

c8.s4.2

There are three significant terms in Sanskrit literature—*sabhā*, *pariṣad*, and *samiti*, the correct interpretation of which has not yet been arrived at. Different meanings are suggested but still no satisfactory solution is reached. These are techinical terms of great administrative importance. स + भा = to shine, भयासह वर्तते इति—that which shines or is illustrious. This may be the hall in which meetings were held or the assembly itself composed of illustrious persons. This term repeatedly occurs in the South Indian inscriptions and is invariably the governing body of the village, its jurisdiction however extending over that village only. Thus it is an important institution of the South Indian local administration.

c8.s4.3

The second term *pariṣad* is परितः + सोदन्ति इति परिषद् = to sit. This literally means ‘sitting round,’ *i.e.*, those who speak in the assembly. The term परिषदो occurs in the *Rigveda Samhita*,¹ and Sāyaṇa comments: परितःसोदत आसीनान्. The other term *Samiti* is सम्यक्यन्ति इति समितिः॥

c8.s4.4

¹ iii. 33. 7.

c8.s4.5

*The Sabha.*—Having defined exactly what the meanings of these different terms are it would be interesting to examine the composition, constitution and functions of these bodies. Let us first examine the conception of the *Sabha* in Vedic times. Professors Macdonell and Keith take the view that the term refers to both the assembly and the hall in which the assembly met.² They further opine that the hall was also used for purposes of gambling from the technical term *sabhāsthānu*. The hall was something like our Town Halls where all the public affairs of the state and society were discussed and resolved upon. It was not exclusively in use for state purposes.¹

c8.s4.6

² *R. V.*, vi. 28. 6; viii. 4. 9. etc. ; *A. V.*, v. 31. 6; vii. 12. 1-2, etc. ; *Tait. Sam.* iii. 4-8 ; vii. 1-8; *Śat. Br.*, ii. 3. 2. 3 ; v. 3. 1. 10, etc. ; see *Vedic Index*, vol. ii, pp. 426-7.

c8.s4.7

¹ *Tait. Br.*, iii. 4. 16, कृताय सभाविनेम्। Bhaṭṭabhāskara comments कृताय=युगाय, सभाविनेम्=सभावनं धूतय सभायामधिष्ठातारम्। (*Bibliotheca Sānskrita*, No. 38, pp. 173-4.)

c8.s4.8

The Vedic *Sabhā* was originally composed of aristrocrats, Brahmans and Maghavans. Considering the then state of society which was tribal in character it is too much to expect anything of a democratic preponderance. The *Rig Veda Samhita* has yet another term² *Sujāta* or of good birth in support of our statement. There is a passage in the *Maitrāyaṇi Samhita*³ which throws interesting light on the question whether members of the fair sex were eligible for membership. The passage cited shows their ineligibility. Appropriate to this the Tamil classic *Purapporul Veṇbāmālai* has a reference.⁴ It is said here that when the enemy set the city to fire there was such a bewildering confusion that women rushed to the assembly hall inadvertantly. And this indicates that women even in ancient Tamil Nādu were not admitted to the assembly.

c8.s4.9

² vii, 1. 4.

c8.s4.10

³ तस्मान्निरिन्द्रिया स्त्रीपुमानिन्द्रियवाँ स्तस्मात्पुमाँसः सभायन्ति न स्त्रियो यादितरान्सोमाजश्रोगोयुर्न पात्तोवतँस्त्रियः सभामीयुर्न पुमाँसा iv, 7. 4. p. 97.

c8.s4.11

⁴ *Vanchipatalam*, śl. 14. ‘मयुलन्नुर्च मरैम्बडा’

c8.s4.12

The *Sabhā* was then the council of elders, mainly a judicial body like that of ancient Greek city-states. The elders were men of such high character and learning that they evoked respect from all communities. Hence the *Yajur Veda*⁵ (*Śukla*) is thus eloquent:

c8.s4.13

⁵ xvi, 24.

c8.s4.14

नमः सभाभ्यः सभापतिभ्यश्च ।

c8.s4.15

They did not forfeit the trust and confidence placed upon them. That this was so for several centuries to come, is evident from the writings of Megasthenes who observes, ‘The seventh caste consists of the councillors and assessors, of those who deliberate on public affairs. It is the smallest class looking to number, but the most respected on account of the high character and wisdom of its members.¹ This is quite in keeping with Kauṭalya’s recommendation of the highest qualifications for councillors. From the technical name nariṣṭa given to the *sabha* in Vedic literature Mr. Jayaswal attaches some constitutional import to it, meaning the resolution of the council as something inviolable and binding on all,² basing his interpretation on Sāyaṇa’s commentary.

c8.s4.16

¹ McCrindle, p. 43.

c8.s4.17

² Hindu Polity, part i, p. 18.

c8.s4.18

Though we have no direct evidence as to the actual working of the *sabha* still the fact remains that it was presided over in its session by the *sabhāpati*, and it was guarded by a *sabhāpala*. Originally the *sabhā* was more a court of justice where the king heard and decided cases and disputes. This is obvious from the occurrence of the terms *sabhācara*³ and *sabhāsad*, sitter in the assembly.⁴ The Vedic *Sabha* was more of a legislative and judicial character. It is said in the *Śatapatha Brāhmaṇa*⁵ and also in the *Chandogya Upaniṣad*⁶ that the king went to the *sabhā* as well as the *samiti* possibly to guide its deliberations. The authors of the Vedic Index seem to read in these passages an interpretation that will nullify the statement of Zimmer,⁷ namely, that the *sabhā* was the meeting place of the village council with the *Grāmaṇi* as its president. Zimmer is not altogether wrong as Professors Macdonell and Keith suppose. In those days when local self-government was the rule and not the exception it was but right that the village had its own *sabhā*. We must not confuse ourselves with the word *sabhā*. There were *sabhās* in towns as well as in villages. But their powers were different. One was the larger assembly which concerned itself with the general affairs of the state in particular and the other took notice of local matters only.

c8.s4.19

³ *Taitt. Br.*, iii. 4. 2. Bhaṭṭabhāskara comments on the term सभाचरं = सभायां नित्यं चरन्तं धर्मप्रवक्तारम्. (*Bibliotheca Sanskrita*, 38, p. 159.)

c8.s4.20

⁴ *V. I.* ii, p. 428; *Taitt. Br.*, i. 2. 1. 26.

c8.s4.21

⁵ iii. 4. 14.

c8.s4.22

⁶ v. 3. 6.

c8.s4.23

⁷ *Alt. Leben*, chap. vi, p. 174.

c8.s4.24

These village *sabhās* or smaller councils of the village administration often call for notice in South Indian Inscriptions. These *sabhās* generally met in the temple halls (*sabhāmaṇḍapa*), and particularly under a large and shady banyan tree in special platforms constructed for the purpose. The sabhā had for its members the village elders, the bhaṭṭas (learned men), the visiṣṭhas (straight and moral men), and prominent priests of the temple. Representatives of the merchant class (nagarattār), of the common folk (ūrār), and of the district (nāṭṭār) often sat in the sabhā. The qualification for the Brahman members of the sabhā was to be well versed at least in one of the Dharmaśāstras and to have studied at least one whole Veda with its pariśiṣṭas.¹ From the Ukkal and other inscriptions² it is clear that the institution of the sabhā had reached a high degree of efficiency and was in good working order about the tenth and eleventh centuries A.D. The sabhā had the following duties among others. It exercised supreme right over the village lands. It was the arbitrator in the disputes arising from the purchase or sale of lands. It confiscated and sold lands of defaulters. It was responsible for the state levy of the village. It raised public subscriptions in the cause of common interests.³ It obtained loans to meet emergencies such as famine. It had a treasury of its own. It held a supervising control over the various committees of its own in the village, and also over temple accounts. It had the right to punish the internal enemies of the village (grāmadrohins)⁴. In a word it did everything to insure the moral and the material welfare of the viliage.

c8.s4.25

¹ Bh. Commemo. Vol. p. 227.

c8.s4.26

² S. I. I., vol. iii, part ii.

c8.s4.27

³ Ep. Report, 1909, pp. 82-83.

c8.s4.28

⁴ Ep. Report, 1910-11, p. 72.

c8.s4.29

The Samiti.—The samiti in Vedic literature undoubtedly refers to a definite communal institution. Professors Macdonell and Keith take the view of Hillebrandt according to whom the sabhā and the samiti are much the same. The very name implies a different connotation. It must have been a people's assembly, generally presided over by the king; and it is just possible that one of its functions was the formal election of the king by giving their unanimous assent of the choice perhaps made by the members of the sabhā. Taking for granted this elective character and also the fact of the king presiding over the assembly of the people, it shows that the king was the servant of the people. This also demonstrates that the people had a voice in the administration of the land though it was not definite or assertive in character. But it is certain that this assembly was different¹ from the sabhā as regards its constitution and function.

c8.s4.30

¹ Cf. Zimmer's Alt. Leben, chap. vi, pp. 174-176 where there is a learned discussion on the subject.

c8.s4.31

The Pariṣad.—Mr. K. P. Jayaswal has made a notable contribution on the subject.² He quotes passages from the Atharva Veda wherein it is explicitly stated that the sabhā and the samiti are separate institutions. Both of them are described as the two daughters of Prajāpati.³ But it would be reasonable to assume that the samiti and pariṣad were identical. This is evident from the Bṛhadāraṇyaka Upaniṣad.⁴ The institution of samiti was not a long-lived one. It became practically extinct with the commencement of the period of the Jātakas (600 B.C.). But the word pariṣad occurs in different senses in the post-vedic period. It is principally an academy of science and then a royal court. Even in this latter sense its political function amounted to judicial matters only. In the traditional usage the term pariṣad meant an assembly of learned men to decide legal points and customs of the land.⁵

c8.s4.32

² Hindu Polity, vol. i, pp. 11-21.

c8.s4.33

³ सभाचमासमितिश्चावतां प्रजापतेर्दुहितरी संविदाने । येना संघछा उपमा स शिक्षाञ्छ्र वदानि पितरःसंगतेषु ॥ (vii. 12. 1.)

c8.s4.34

⁴ vi. 2.

c8.s4.35

⁵ Vasiṣṭha, iii. 20; Manu, xii. 3.

c8.s4.36

The Paura-Jānapada.—There were besides the Paura and Jānapada assemblies as is evident from the inscriptions of Aśoka not to speak of numerous literary references. Whenever changes are to be effected in the constitution, or new laws promulgated, the king first got the approval of this body and placed the matter before the council or the public.⁶

c8.s4.37

⁶ Girnār Rock viii, Kālsi Rock viii, Dhauli Rock viii.

c8.s4.38

The assembly had also the power to demand redress of their grievances at any time, or present compensation bills for losses sustained.⁷ It is said that when the council refused to execute the king's orders as regards certain gifts he placed the matter before the assembly. From this we may infer two facts. There were two political institutions, one the council and the other the assembly. The first was known by different terms.—pariṣad, rajukas (Aśoka's inscription), etc.; and the latter by the paura-

c8.s4.39

⁷ Yāj., ii. 36; Manu, viii, 40.

c8.s4.40

APPENDIX

c8.s4.41

*Janapada*, *rāṣṭra*, *pragraha sabhā*,¹ *prakṛti* of the *Śukranīti*, or *prakṛti sabhāsad*² or simply *sabhā*.³ Functions practically remained the same though the designations often underwent some transformation.

c8.s4.42

¹ *Rāmāyaṇa*, *Ayodhya Kāṇḍa*, lxxxi. 12 ; and lxxxii. 1-4. ² *Ibid.*, lxxxii. 4-17. ³ *Mahābhārata*, xii. 83. 1-2. ⁴ *I. H. E.*, vol. ii, Nos. 2 and 3. ⁵ The Inscription of Rudradaman; *Ep. Ind.*, *Lüder's list*; 965, Fleet, *G.I.*, vol. iii, p. 60; the Kalinga Edict of Aśoka: Aśoka Pillar Edict iv; Rock Edict, viii, (Girnār) the Kharavela Inscription, *J.B.O.R.S.*, vol. iii, p. 456.

c8.s4.43

But Dr. Law has taken objection to the use of *Paura* and *Janapada* as corporate bodies at all. He examines both directly and indirectly all the evidence adduced by Jayaswal and comes to the conclusion that there is no ground whatsoever to understand these two terms as technical terms signifying any corporate associations. In every place whether in the texts or in the inscriptions they simply mean people of the town and the country.⁴ We are afraid that Dr. Law is rather dogmatic in his statements. In some places they may mean what he says. But still to totally deny the existence of such oraganized bodies of citizens is to miss the mark altogether. The audience of His Majesty by the people must not be and could not be so cheap and easy as Law would imagine. It is to deprive the office of kingship of all dignity whatsoever. The king may do justice and judgment to a very poor and insignificant citizen; but it does not mean that the king allowed any indiscriminate interview of any of his subjects aggrieved or no. It would not, on the face of it, be a working principle. The fact is that there were what were known as group organizations in towns, and the country parts and their representatives on behalf of the public of the city or the commonality of the realm, pleaded before the king for redress of this or that grievance. Hence it is far more reasonable to take them to be corporate associations which were highly respected as popular bodies both by the king and his ministry. They were often consulted so that there might not be any room for dissatisfaction among the public at large. This is borne out by the certain evidence of the inscriptions. Most of the interpretations which Law proposes are highly doubtful. The term *Paura-Janapada* which so often occurs in the political and historical literature of the Hindus also occurs in the various inscriptions.⁵

c8.s4.44

Not the least interesting is that similar organizations are also mentioned in Tamil literature. In the *Perumkathai*¹ we meet with two terms "நகரமும், காடும்," along with *aimperumkulu* and others who came to attend the festivities of Naravānan's birth. The Sanskrit equivalents of these two terms are *Paura* and *Jañapada*, representative assemblies of the people and not the mass of citizens. Whenever the latter is to be mentioned the expression is நகர மாந்தர் meaning not a corporation but a great body of all citizens.

c8.s4.45

¹ v. 6. 39.

The Sabha in Later Times

c8.s4.t1.1

Coming to the position that the *sabha* occupied in the Epics² it is interesting to see that the judicial character of it becomes increasingly dominant. We see that the king presided over this assembly invariably, but in his absence the prime minister presided over the meetings of the council. In the *Harṣacharita* we see that when Rājyavardhana died, it was the prime minister *Bhaṇḍi* who presided at the meeting convened for the purpose of selecting his successor.

c8.s4.t1.2

² See for more details *J.A.O.S.*, xiii, pp. 148-49.

c8.s4.t1.3

The qualifications of the *Sabha* members are striking. It is Draupadī who says that³

c8.s4.t1.4

³ न सा सभा यत्र न सन्ति वृद्धाः न ते वृद्धा ये न वदन्ति धर्मम् । नासौ धर्मो यत्र न सत्यमस्ति न तत्सत्यं यच्छलेनानुविद्धम् ॥ (Mbh., *Sabhā*, lxxxix. 65.)

c8.s4.t1.5

'it is no *sabhā* where there are no elders: they are not elders who do not speak the *dharma*: it is not *dharma* if it is not founded on truth; it is no truth if it is combined with fraud.'

c8.s4.t1.6

The *Jātaka* contains a similar verse.⁴

c8.s4.t1.7

⁴ नसा सभा यत्थ न संतिसंतो न ते संतो येन भणन्ति धम्मं । रागं च दोसं च पहाय मोहं धम्मं भणताच भवन्तिसंतो ॥ (See *Hindu Polity*, i, p. 19.)

c8.s4.t1.8

The *Sabha* consisted of all castes and classes. The Kṣatriyas are there conspicuous. Bhīṣma and Vidura who are Kṣatriyas and Droṇa, Bharadvāja and Kṛpa (Brahmans) are among those present.¹ These were well disciplined by the *Śastras* and highly respectable. Draupadī raised a point of law before this august assembly of sages, ministers, and courtiers, whether Yudhiṣṭhira had the right to pawn her after he had himself become a slave.² Bhīṣma justifies Yudhiṣṭhira’s right by saying that the technicalities of *dharma* are too subtle.³ Karṇa, Duśśasana, and Duryodhana justified the action on the part of Duśśasana to drag her by force into the open court though she was sparsely dressed and in her periods. But Vidura sympathized with Draupadī and appealed to the assembly for an impartial consideration of the question without fear or favour but with an eye to *dharma* and *satya*. He asks every member to speak out his opinion according to his knowledge and judgment free from *kāma*, *krodha*, and other undesirable influences. He further expatiates on the point and says⁴ that he who is a member of the assembly and fails to give out his opinion distorts the law when asked for, comes close to being a liar and quotes the classic discussion between Prahlāda and the sage Angirasa on this point. Vikarṇa, one of the brothers of Duryodhana, associated himself with the views of the sage Vidura. Bhīṣma accepts the position as a most difficult one and accepts also his inability to give a decisive reply, but added that Yudhiṣṭhira himself is the best and final authority on the subject.¹ Duryodhana too acceded to this position and ordered that every one of the five husbands could speak on the point. On this the members became extremely happy and loudly applauded him by signs of eyes and lips. But a few became distressed and cried ‘Oh, Alas!’ Bhīma spoke hot when Bhīṣma, Droṇa, and Vidura asked him to forbear. Karṇa replied Bhīma hotly and Vidura spoke of the prosecution of *dharma* in the *sabhā* and insisted that Draupadī’s position was the right one. He added that if this were overlooked the prosperity of the state would come to an end. Moved by Draupadī and others, Dhṛtarāṣṭra released the Pāṇḍavas with Draupadī from slavery and asked them to be friendly with the Kurus by ruling at Kāṇḍavaprasta.² This shows how the business of the assembly was usually conducted. That ladies could take part in the assembly discussion is seen from the fact that Maṇḍodari goes to Rāvaṇa’s court after the death of Prahasta and dissuades him by several arguments to desist from fighting Rāma.³

c8.s4.t1.9

¹ इमे सभायां उपनीतशास्त्राः क्रियावन्तः सर्व एवेन्द्रकल्पाः । गुरुस्थानागुरवश्चैव सर्वे तेषामग्रे नोत्सहे स्थातुमेवम् ॥ (*Sabha Parvan*, lxxxix. 48.)

c8.s4.t1.10

² *Ibid.*, lxxxix. 19.

c8.s4.t1.11

³ *Ibid.*, lxxxix. 59-61.

c8.s4.t1.12

⁴ यो हि प्रश्नं न विनूयाद्धर्मदर्शी सभांगतः । अनृते या फलावाप्तिः तस्याः सोऽर्धं समश्रुते ॥ यः पुनर्वितथं ब्रूयाद्धर्मदर्शी सभांगतः । अनृतस्य फलं कृत्स्नं स प्राप्नोतििति निश्चयः ॥ (*Sabha Parvan*, xc. 64-65.)

c8.s4.t1.13

¹ *Sabha Pravan*, xci. 14-21.

c8.s4.t1.14

² *Sabhā Parvan*, xcii and xciii.

c8.s4.t1.15

³ *Yuddh.* see after chap. lix, two *praksipta* chapters.

c8.s4.t1.16

Hārita’s classification of the *sabhā*.—There is an interesting chapter (V) in Caṇḍeśvara’s *Rājanīti Ratnākara* which further throws light on the *sabhā* and its constitution. This is not an original work but a compendium of the various *smṛti* texts. Hārita is quoted. According to him there are four kinds of *sabhā*: *pratiṣṭita*, *apratiṣṭita*, *mudrita*, and *śasita*. It is *pratiṣṭita* if it were established by the king himself in his royal domains; *apratiṣṭita* if it were a voluntary organization of the villagers, *mudrita* if established by the king’s secretaries or judges, and *śasita* if established by the king himself by a royal writ. The *sabhā* is likened to an organism. The head is the king, the face secretary, the arms members, the hands *śasta*, knees accountants and scribes, eyes gold and fire, and feet servants. Each of these ten members has its own individual and collective functions to perform. The secretary is the speaker, the king is the person who finally decides, members discuss questions of policy, *smṛti* is the law, gold and fire are for oath, the accountant counts the *artha* or wealth, the scribe is the writer of writs and orders, witnesses are servants, *anagnakau* (अनग्नकौ) are the plaintiffs and defendants. The judicial aspect of the assembly would be more fully treated under the chapter on the administration of justice.

c8.s4.t1.17

*Assemblies in Tamil literature.*—It would be certainly interesting to study what sort of assemblies and councils were prevalent in ancient South India. The *Silappadikāram* and the *Manimekhalai* are two classical treatises which are a mine of information for reconstructing the history and social life of ancient Drāvida. A study of these and other classical treatises shows that there must have been five big assemblies. (1) The representative assembly of the people acting as a check on the ruling chieftain (மாநாடு), (2) the assembly of ministers of religion, (பார்ப்பார்), (3) the assembly of physicians perhaps a Board of Public Health (மருத்துவர்), (4) the assembly of astrologers (நிமித்தர்) and (5) the assembly of ministers for revenue and judicial administration of the state (அமைச்சர்).

c8.s4.t1.18

There are two technical terms in Tamil literature which connote great political significance. These are ‘ஐம்பெருங்குழு’ and ‘எண்பேராயம்.’ These terms occur jointly and severally in different places in different treatises.¹ The term ‘குழு’ which is another term for ‘ஆயம்’ occurs in *Tolkāppiyam* (*kilavi*, sūtra 57), and means simply an assembly. There are two interpretations for both the terms. One interpretation for the term ஐம்பெருங்குழு is that given above, and the other has already been noticed.² The two interpretations for எண்பேராயம், otherwise known as ‘எண்பெருந் துணைவர்’ are as follows: ‘(1) கரணத்தியலவர் (account officers), (2) கருமவிதிகள் (heads of the executive) (3) கனகச்சற்றம் (officers of the treasury), (4) கடைகாப்பாளர் (palace-guards), (5) நகரமாந்தர், (citizens of the capital), (6) படைத்தலைவர் (leaders of army divisions), (7) யானைவீரர், (elephant men), (8) இவுளிமறவர், (mounted warriors).³ The *Tamil Lexicon* renders கடைகாப்பாளர் on the authority of *Divākaram*, watchman at a gate.’⁴ In our opinion this term may be identified with the Sanskrit *Kṣattṛ* meaning ‘chamberlain’. The other interpretation though interesting is loose. It is “சாந்துபூக்கச் சாடைபாக்கிலை கஞ்சகநெய்ந்த விவரென்பராய்த்தார்.” These are those who adorned the king with a *tilaka* in his forehead, who decorated him with flowers, who presented to him undergarments and other clothings, who offered him betels and betel leaves, who attended to his upper dress and who offered him ghee. This interpretation bears no political interest except the fact that the commentator's outlook of the state was too narrow. From references to the texts where these occur, we are led to infer that the ஐம்பெருங்குழு were those people of royal entourage who followed the king in public tours, processions, festivals and so forth. The எண்பேராயம் refers to the machinery of government, and on special occasions their representatives also joined the *atmperum-kulu*.

c8.s4.t1.19

¹ *Silappadikāram*, 3. 126; 5. 157; 26. 38; *Manimekhalai*, 1. 17; *Perum-kathai*, ii. 5. 6; *Ibid.*, 13. 3; iv. 9. 5; v. 6. 37.

c8.s4.t1.20

² *Supra*, p. 125.

c8.s4.t1.21

³ See *Divākaram*. Also *Tamil Lexicon*, vol. i, part. iii, p. 520.

c8.s4.t1.22

⁴ Vol. ii, part. i, p. 677.

Linked texts (21)