Local Government in Ancient India c11.13

c11.13

The principle underlying these lower and local courts has been admirably put by the *Śukranīti*. In cases of dispute the best men of the locality concerned can alone be the proper judges.¹ The application of the principle thus laid down is shown in the following passage: 'Foresters are to be tried with the help of foresters, merchants by merchants, soldiers by soldiers, and in the village by persons who live with both parties' (IV. 5. 24). This is indeed an echo of the earlier Smṛti works. Bṛhaspati says: 'For persons roaming the forest, a court should be held in the forest; for warriors, in the camp; and for merchants in the caravan.' Again: 'Cultivators, artisans (such as carpenters and others), artists, money-lenders, companies (of tradesmen), dancers, persons wearing the token of a religious order (such as Pāśupatas) and robbers should adjust their disputes according to the rules of their own profession.’ Further: ‘(the king) should cause the disputes of ascetics and of persons versed in sorcery and witchcraft to be settled by persons familiar with the three Vedas only, and not decide them himself’ (I. 25–7).¹