The Mauryan Polity c8.s4.t5: Other Courts

The Mauryan Polity c8.s4.t5

Language: English

Other Courts

c8.s4.t5.1

In addition to the High Court of Judicature, which we have examined above, there were a number of local courts in the provinces and districts. They were generally located in the chief towns of the different administrative districts: janapadasandhi, saṁgrahaṇa, droṇamukha, and sthānīya. Three judges and three commissioners conducted the cases in each of these courts.⁴

c8.s4.t5.2

⁴ *dharmasthāstrayastryomātyā janapadasandhisaṁgrahadroṇamukhasthānīyeṣu vyāvahārikānarthān kuryuḥ* —*Ar. Śās.*, Bk. III, ch. 1.

c8.s4.t5.3

In addition to these, the *Arthaśāstra* recognises the authority of the village courts which were self-sufficing and independent of imperial control. Here the *grāmavṛddhas* or the village elders, decided the cases arising in the village. They had magisterial functions which were binding on the villagers.¹ The State felt called upon to accept as valid every local usage, customs of the caste, community, clan, and family, every bye-law of the corporate bodies, the guilds and such other organised non-political communities.²

c8.s4.t5.4

¹ Bk. III, ch. 9.

c8.s4.t5.5

² sve sve tu varge deśe kāle ca svakaraṇakṛtāḥ sampūrṇacārāśśuddhadeśādṛṣṭarūpa-lakṣaṇa pramāṇaguṇāḥ sarvavyavahārāḥ siddhyeyuḥ|—Bk. III, ch. 1. cp. Anc. Ind. Polity, p. 54.

c8.s4.t5.6

Thus there was a gradation of the Courts of Justice ranging from the local courts of the village community to the supreme courts of judicature. The local usages and customs were respected by the central government and an appeal lay from the lower court to the higher court. Inasmuch as the king received complaints from his subjects and dispensed justice according to the nature and urgency of the case he with his councillors represented the highest court of appeal and also acted as the court with original jurisdiction over certain cases.

Linked texts (1)

Kauṭilīya Arthaśāstra — Kauṭilya, Sanskrit