Administrative System of the Marathas c19.s2.1

c19.s2.1

The old customs about procedure were compiled and arranged in a *yadi* by Pratap Sinha Maharaj, Chhatrapati of Satara. Pratap Sinha reigned from 1808-1839 A.D. and the fall of the Peshwas took place in the year 1818. His reign, therefore, coincided with the early period of English administration in the Bombay Presidency. But the rules and regulations drawn up by him in his *yadi* were based upon the old customs of the land, and give us a clear idea of the policy by which the old Maratha rulers were guided in the administration of justice. Says Chhatrapati Pratap Sinha in the *Nyaya*- dhish *Prakaran* of his yadi—"The good old rule of this realm has been to make amicable settlement of all disputes through the proper exertion of the neighbours and to call a *Pancha-yet* only when there is no other remedy."² He goes on to say that this excellent custom should be encouraged and the Patils, Mamledars and Shete Mahajans (in towns and market places) should try to induce the parties, if they came to them, to settle their dispute by arbitration. Even serious quarrels, beyond the jurisdiction of Patils and Shete Mahajans and Panchayets appointed by them, says the Raja, it would be well if settled through the arbitration of neighbours.³ Intent on the welfare of his subjects, and perhaps impelled by the good old custom, the Raja says that in case of settlement by arbitration the parties would be exempted from the payment of *Harki*, which they would have to pay, if the case was referred to Royal Courts or Royal officers. In case the parties failed to settle their disputes amicably, they should go to an arbitrator and the Raja assures us that such an arbitrator need not fear Royal displeasure for his laudable efforts.⁴ 3. *The Separation of the Executive and the Judiciary unknown :*