Theory of Government in Ancient India (Post-Vedic) c11.s5.8

c11.s5.8

Judicial appointments should mostly go to Kṣatriyas, but may also be conferred on Brâhmaṇas or Vaiśyas, well qualified, but not on Śûdras. The principle of devolution and popular justice is recognised. "The cultivators, the artizans, the artists, the usurors, corporations, the dancers, the ascetics and thieves should decide their disputes according to the usage of their guild, etc." So, too, the principle of Jury had an ample scope. "The foresters are to be tried with the help of foresters, merchants by merchants, soldiers by soldiers," and in the village (affairs are to be administered) by persons who live with both parties (i.e., neighbours). But they are not to try cases of robbery or theft. The king should give no "decisive opinion in a dispute among Brâhmaṇas regarding the interpretation of a procedure of sacrificial ritual" (p. 184).