History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c20.219

v2.c20.219

(6) A śūdra could not be a judge or propound what dharma was. Manu (VIII. 9) and Yāj. I. 3 lay down that when the king does not himself look into the litigation of people owing to pressure of other business, he should appoint a learned brāhmaṇa as a judge. Manu (VIII. 20) further says that a king may appoint as his judge even a brāhmaṇa who is so by birth only (i. e. who does not perform the peculiar duties of brāhmaṇas), but never a śūdra. Kātyāyana (as quoted in³⁷⁴ the Mit. on Yāj. I. 3) says that when a brāhmaṇa is not available (as a judge) the king may appoint as judge a kṣatriya or a vaiśya who is proficient in dharmaśāstra, but he should carefully avoid appointing a śūdra as judge.