Administrative System of the Marathas c25.s3.34

c25.s3.34

Civil suits were, in the first instance, tried by a Panchayat or a court of arbitration consisting of village elders. The origin of such courts can be traced to the regulations of Narada, Brihaspati and Shukracharya. "Gathering (kula), corporations (shreni), assemblies (gana), one appointed by the king and the king (himself) are invested with power to decide law suits."³² Brihaspati was of opinion that "Cultivators, artizans (such as carpenters or others), artists, moneylenders, companies of (tradesman), dancers, persons wearing the token of religious order (such as Pasupatas), and robbers should adjust their disputes according to the rules of their own profession. And relatives, companies (of artizans), assemblies (of co-habitants) and other persons duly authorised by the king, should decide lawsuits among men, excepting causes concerning violent crimes."³³ The judicial authority of shrenis, kulas and ganas is acknowledged by Shukra also.³⁴ It is clear that the Maratha Panchayat was not quite identical with kulas (families), ganas (communities) and shrenis (corporations), but it is not impossible that it was from this prescriptive right of these corporate bodies of old, that the Maratha village community, a corporate body in itself, derived its judicial powers, which was exercised by the Panchayat, subject to the sanction of the state as in the old Hindu days. Brihaspati's assemblies of co-habitants seems to be more akin to, if not the actual prototype of, the village Panchayat.