The Administration of the Sultanate of Dehli c10.15

c10.15

The legal aspects of the institution have been discussed by the jurists. Legally, they say, *wizārat* is the lieutenancy of the monarch or the caliph.¹ A *wazīr*, therefore, enjoys delegated authority, which, by its very nature, is of two kinds. According to Māwardī, a *wazīr* could either be a *wazīr-u’t-tafwīḍ* or a *wazīr-u’t-tanfīdh*. The first enjoyed unlimited authority and could exercise the power and prerogatives of the sovereign with only a few restrictions. He was required to inform the monarch of all his measures and could not, without special permission, dismiss or transfer an officer appointed by the ruler. He could, however, appoint officers in the name of the sovereign and hear complaints against all officials whether appointed by the monarch or not. If the sovereign and the *wazīr* both gave orders regarding the same matter in ignorance of each other's action, the command which had been issued first would stand. The sovereign, however, had the right to over-ride his minister when there was a serious difference of opinion. Another limitation was that the *wazīr*, under the well-known legal dictum—*delegatus non potest delegare*—could not appoint his own successor or representative. This kind of *wizārat* could be given only to a Muslim because otherwise the Muslim community would be governed by a non-Muslim who might not respect the laws of Islam. The monarch cannot appoint several *wazīrs* with unlimited authority simultaneously unless their work and jurisdiction are defined exactly, or unless they are to act as an administrative board.² The *wazīr-u’t-tanfīdh* was merely an assistant of the sovereign whose orders it was his duty to carry out.³ In actual practice he also had a great deal of power, for he was the head of the administration and exercised official control over the bureaucracy and the people. All the orders issued by the monarch passed through his hands and received the final form in his office. The jurists permit non-Muslims to hold this office. This legal definition is based upon practical considerations; but the lawyers generally miss the more flexible and uncertain element of human relationship. The personal factor counts for so much. In the sultanate of Dehlī both these types of wazīrs are found; most wazīrs possessed special and limited powers, a few enjoyed unlimited authority and ruled the empire in the name of the sultans, and some monarchs were under the tutelage of the chief noble who had usurped all power.² It was only under feeble monarchs that wazīrs wielded complete authority.³ Their duties scarcely call for discussion, since the entire burden of government rested on their shoulders. It is the wazīr with specified powers and duties whose functions invite investigation.