Hindu Polity: A Constitutional History of India in Hindu Times c21.2

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