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Administrative System of the Marathas c25.s1: 1. Judicial officers

Administrative System of the Marathas c25.s1

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English

1. Judicial officers

c25.s1.1

Perhaps the influence of the old Hindu lawgivers was most in evidence in the judicial system of the Marathas. The criminal cases were tried by the Patil, an appeal lay from him to the Kamavisdar or the District officer, and the highest judicial authority was the king himself, who was generally represented by the chief Nyayadhish. The Nyayadhish was invariably a Brahman and this naturally reminds one of Manu's injunction, "but if the king does not personally investigate the suits then let him appoint a learned Brahman to try them."¹ We find in Shivaji and pre-Shivaji documents mention of Hazir Majalasis as final courts of trial consisting of learned Brahman lawyers and civil and military officers of the state. We read also of Sabha Naiks or presidents of the courts and Mahaprashnikas or chief examiners. It appears from the Shukranitisara that Sabha-Naiks or Adhyakshas and Mahaprashnikas were not unknown when that work was compiled.²

c25.s1.2

¹ S. B. E., Vol. XXV, p. 254.

c25.s1.3

² S. B. H., pp. 186 & 189.

c25.s1.4

Shukra tells us that the Pradvivaka is so called because he asks questions, and from the old Marathi documents it appears that the Mahaprashnika also used to do exactly the same thing. So much for the highest tribunal, the judge-president and the chief examiner.

c25.s1.5

For the judicial authority of the village and district officers also, the Maratha system had the sanction of the old Hindu works. For we read in the Vishnu Smriti "If any offence has been committed in a village, let the lord of that village suppress the evil and (give redress to those that have been wronged). If he is unable to do so, let him announce it to the lord of ten villages; if he too is unable, let him announce it to the lord of a hundred villages; if he too is unable, let him announce it to the lord of the whole district." The lord of the whole district must eradicate the evil to the best of his power." The same procedure is recommended by the sage of the Mahabharata. The question of civil procedure and evidence shall be discussed later, but it will not be out of place here to examine the antiquity of the punishments inflicted on convicted criminals.

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³ It may be incidentally noted here that the word used in the original Sanskrit text is 'Desha' which is synonimous with Marathi Prant.

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⁴ S. B. E., Vol. VII, p. 15.

c25.s1.8

⁵ Shanti Parva, Ch. 87.

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