Theory of Government in Ancient India (Post-Vedic) c8.s5.13

c8.s5.13

The spirit of rigid organisation which marked the executive, pervaded the judicial administration as prescribed by Kautalya. Impartial justice was recognised to be the bedrock of sound government. There were two grades of courts, called Dharmasthiya¹ and Kaṇṭakaśodhana.² The former consisted of a bench of three judges well-grounded in law, who dealt with contracts, relations between master and servant, employer and employee, slavery, debts, deposits, rescissions of sales, resumption of gifts, sales of property by other than the owner, rights of ownership, the sale of house property, partnership, inheritance and succession: damage to agriculture, to pasture-lands or to public roads; boundary disputes, gambling, defamation, violence and robbery; conjugal relations; rules of procedure, miscellaneous offences and hindrances. The Kaṇṭakaśodhana courts dealt with the protection of artisans and merchants, measures against national calamities, "suppression of the wicked," detection of criminals by ascetic spies, arrest of robbers on suspicion or in the act, improper social intercourse, and miscellaneous offences. Breaches of discipline in the public services came before them. The trial of homicide formed one of their special prerogatives. They conducted post-mortem examination, could inflict fines and mutilations, and death with, or without, torture. Cross-examination formed the striking feature of their proceedings. The courts should hold their sessions in the big towns at the headquarters of eight hundred villages, four hundred villages, and at the headquarters of village circuits. Below them came village tribunals. In certain important cities and at the boundaries of districts, justice should be administered by three ministers and three other judges well acquainted with sacred law. The whole judicial administration was presided over by the Chief Judge. Above him stood the King, assisted by his ministers and lawyers.¹