Local Government in Ancient India c11.24

c11.24

The procedure and rules laid down for the administration of justice by the kings' courts also apply with some necessary modifications to the administration of justice by the local, popular courts. Thus regarding evidence, that to be used by the Pūgas, the Śreṇīs, the Gaṇas and other trades should be 'writing, and not an ordeal, or witnesses'. (*Vyavahāramayūkha* on Pramāṇa-nirūpaṇa). In regard to local disputes calling for witnesses, Nārada has the following: 'among Śreṇīs, the heads of Śreṇīs (Śreṇīpuruṣa), among Vargas heads of Vargas (*vargiṇaḥ*)'. Kātyāyana thus specifies the Vargins or heads of a Varga: 'The Liṅgins (persons wearing a Liṅga or a symbol), the Śreṇīs, the Pūgas, and other communities of traders, so also members of other guilds (Samūhastha): these Bhṛgu calls Vargas. The term Vargin applies to the Nāyakas or leaders or foremen of the guilds (Samūhas), of Dāsas (slaves), the Cāraṇas (bards), the Mallas (wrestlers), those who live by driving of elephants, horses and carriages’ (ibid.). The administration of justice requires, however, officers other than mere judges or assessors. Thus accountants and scribes were attached to the courts who ‘know the principles of grammar, and have studied the lexicons (*śabdābhidhāna*), who were skilled in reckoning, who were pure, and who were acquainted with various scripts’. (Bṛhaspati quoted in *Vyavahāramayūkha*). According to Kātyāyana the accountants or auditors should be appointed from amongst the Vaiśyas. The accountant is ‘to count the money’; the scribe ‘to write the legal proceedings’. Vyāsa (quoted in the *Vīramitrodaya*) wants the *gaṇaka* to be well versed in Astronomy (with its three branches of Horā, Gaṇita, and Saṃhitā) and Vedic study (whence the Śūdra is excluded) and capable of inspiring complete confidence, while he wants the *lekhaka* to be truthful, free from greed and anger, incorruptible, of clear hand-writing and style of composition and having a mastery of words. Besides these officers of the judge’s court, ‘a truthful and confidential man should be appointed subject to the authority of judges to summon witnesses, the plaintiff and the defendant, and to look after them' (Bṛhaspati, ibid.). This appointment seems to have been reserved for the Śūdra, for Vyāsa says ; 'A stout Śūdra whose ancestors were employed in that office acting under the orders of the judges, should be made a *sādhyapāla* to obtain materials for trial.'