Hindu Polity: A Constitutional History of India in Hindu Times c21: Chapter XIII: Judicial Administration and Laws of Republics

Hindu Polity: A Constitutional History of India in Hindu Times c21

Language: English

Chapter XIII: Judicial Administration and Laws of Republics

c21.2

§ 120. The Hindu law books recognise the laws of Kula States as well as those of Gaṇas¹. The Kula Court was presided over by Kulikas or aristocrats². In a mixed constitution of aristocracy and democracy we may find a Kulika Court. Such a court, as a matter of fact, we do find amongst the Vrijis, where there was a Board of Eight Kulikas to investigate into criminal cases.³ The law books prescribe that an appeal should lie from the Kula Court to the Gaṇa-Court.⁴ We can understand this provision if we take into consideration a mixed constitution. There may be a Kulika-Court there, but then it would be subject to the higher jurisdiction of the Gaṇa. The Kulikas in the Vriji constitution were subject to the superior jurisdiction of the heads of the Gaṇa—General, Vice-King and ‘King.’ The Mahā-Bhārata says that it was the duty of the Kula-elders to take notice of criminal offences and that justice should be administered through the President, that is, punishment was given in his name.¹ This seems to have been done amongst the Vrijis. There were industrial organisations in a Gaṇa² as in a monarchy. These guilds (*pūgas*) had some judicial powers. But their decisions were appealable to the Kula and Gaṇa Courts.³

c21.3

¹ Yājñavalkya, I, 360; II, 186, कुकॊनि जातौः श्रेणौश्च गणांश्चाप्यपराहिनः । स्वाधर्माञ्चलितानूराजा विनौय स्थापयेत्पथि ॥ १ । ३६० ॥ निजधर्माविरोधेन यस्तु सामयिको भवेत् । सोऽपि यत्नेन संरक्ष्यो धर्मो राजकृतश्च यः ॥ २ । १८६ ॥ See also, ग्रामश्रेणिगणानाञ्च सङ्केतः समयक्रिया । Brihaspati quoted in *Vīramitrodaya*, p. 424; And Manu, VIII, 41:—जातिजानपदान्धर्मान् श्रे णीधर्मोश्च धर्मवित् । समीक्ष्य कुलधर्मांश्च स्वधर्मं प्रतिपादयेत् ॥ ८ । ४१ ॥

c21.4

² Rātthapāla after whom a text is named in the Pāli Canon was a kula-putta and son of the *agga-kulika*. See also, कुलिकास्तद्गुणाश्चान्ये पुरग्रामनिवासिनः । ग्रामपौरगणाध्यक्षंश्चाङ्गानिदश कीर्तिताः । कुलानि कुलिकाश्चैव नियुक्ता नृपतिस्तथा ॥ Vīramitrodaya, p. 11. Comm., कुलिकाः कुलश्रेष्ठाः ।

c21.5

³ See above §§ 49—50. Cf. Kātyāyana (quoted in *Vīramitrodaya*, p. 41), वणिक्विः स्यात्कतिपयैः कुलभूतैरधिष्ठितम्, where कुल = court.

c21.6

⁴ See, n. * at p. 124 below.

c21.7

¹ See Ch. XIV below.

c21.8

² Aṅguttara Nikāya, Vol. III, p. 76. See above § 117

c21.9

³ कुलानि श्रेणयश्चैवाः श्रेण्योऽनिर्णयकारिणः । येषामग्रे निश्चितस्य प्रतिज्ञाऽन्यतरोत्तरा ॥ विचारे यं विधिः कार्य्यः कुलेष्वैवं विचारितम् । संदेहार्थं व्यभिचरतं गणाज्ञातान्नियुक्तकैः ॥ कुलादिभ्योऽधिकाः सभ्यास्तेभ्योऽप्यध्यक्षोऽधिकः कृतः । सर्वेषामधिको राजा धर्म यत्र न निश्चितम् ॥ —Bṛihaspati in *Vīramitrodaya*, p. 40. All these quotations refer to a time when gaṇas had become subject to monarchies.

c21.10

When the Gaṇas were conquered by, and became subject to, monarchs as in the days of the later law books (Nārada, Bṛihaspati and Kātyāyana) a decision of Gaṇa was made subject to the appellate jurisdiction of the monarch or the royal Chief Justice.⁴

c21.11

⁴ See *tn.* at p. 123 and n.[^3] above.

c21.12

§ 121. That the Gaṇas had their own laws is evident from the provision of the Hindu law-books which, as has been pointed out above, recognise their separate existence. It is also proved by the testimony of the Greek writers who praise the laws of Indian republics. The Mahā-Bhārata also praises their good legal system. The Lichchhavis are recorded to have had a book of legal precedents.⁵

Linked texts (4)

Jātaka — Pāli
Mānava Dharmaśāstra — Manu & Bhṛgu, Sanskrit
Yājñavalkyasmṛti — Yājñavalkya, Sanskrit
Licchavikumārakasutta — Pāli