Legal history

JAN 3 The year 1206 was imp for Med India. Qutubuddin Aibak laid the foundation of the Delhi Sultanate. It ruled for the nxt 300 years. There were five dynasties then which were: 1. Aibaks or slave dynasty that ruled from 1206-1290 AD 2. Khilji ruled from 1290-1320 AD 3. Tughlaqs ruled from 1320-1413 AD 4. Saiyyids 5. Lodhis ruled from 1413-1526 AD • The first five dynasties estd the sovereignty of delhi sultanate over whole of north india. • Malik Naib Kafur, the trusted general of Alaudin Khilji invaded the deccan an was the first to make forays into the South. His attempts to enter the territory beyond deccan were significant an sometimes successful. But most of these attempts were for looting rather than occupation of the entire area and its integration into the sultanate. The territorial breach of the delhi sultanate in the early years of its rule didn’t exceed beyond the area north of the deccan very significantly. It was Mohd Bin Tughlaq who for the first time made a serious attempt to capture the deccan and est the southern key of the delhi sultanate over the region. He even went down to the southernmost tip of india and placed his governors there but this political arrangement broke down in 1325 AD. The centralizing tendencies of the Khiljis, even if somewhat premature, demonstrate that early rulers such as Alaudin Khilji did think of india as a single country. The notion of a unified india had clearly emerged by the time Alaudin Khilji was ruling from the north. On the ruins of Aladuin's early interior pretentions, rose smaller kingdoms such as the Bahamani kingdom, and the vijayanagara in south india. This demonstrates that since the early med period, there has been a close contestation b/w centralizing and fissiparous (to break out) tendencies in the political system of india. • The rule of the Saiyyids which followed the Tughlaqs was preceded by Timur Lang. Timur, acc to many indian historians, brought nothing else than misery to the land. By this time the Lodhis had also increased their power in northern india. Bahlul Lodhi, who was earlier the Amir of Sirhind, took the opportunity of invading a strife torn sub-continent and seized power an estd himself on the throne of delhi in 1451 AD. So with the coming of Bahlul Lodhi, power followed from the hands of the Saiyyads to that of Lodhis. • There were three major rulers in the Lodhi dynasty- Bahlul, Sikander shah and Ibrahim Lodhi. If Bahlul founded the dynasty, Siknader re-united the kingdom and subjugated the existing north indian nobility. Sinkander also succeeded in ushering in an era of peace and prosperity in norht india. he was patron of literature and learning. To him goes the credit of increasing the cultural exchanges b/w the muslims and the hindus in northern india but this tendency towards secularization of indian politics didn’t last for too long. Ibrahim Lodhi, the next man on the throne, proved to be rash and impolitic in his actions. He also managed to antagonize his nobility. His reign saw the emergence of turbulence in his kingdom. In this state of political turmoil, the then governor of Punjab, Daulat Khan Lodhi invited Babur to come to India. Babur defeated Lodhi in the First Battle of Panipat in the year 1526.  • All the five dynasties of the Delhi sultanate were ruled by strong rulers who were committed to centralization yet as we have repeatedly seen in Indian history, there was always a close contestation b/w imperial and the centralizing forces which contributed to the eventual downfall of the sultanate. Administrative apparatus of the Turko-Afghans The Turks when they came to India , came with full knowledge of administration. Initially they lived in military camps and their main responsibility during their initial phase in the sub continent was to subdue the local and the indigenous rulers. So alongside their administrative concerns the Turks showed a willingness to conquer new territories and subdue new communities. Right from the beginning the Trunks demonstrated a willingness to also integrate themselves to the local political and cultural tradition. They did make an early attempt to win over the local people in spite of their constant warfare. They took a conscious decision to not remove the regional from their positions. This reveals that the Turks were both realistic and idealistic. They succeeded in blending together, Indian i.e. Hindu with Islamic traditions. Elements of Hindu political culture were incorporated into Islamic political culture. But this sense of progress amongst the early Turks such as the Khaljis and the Tughlaqs was somewhat missing during the reign of Lodhi rulers. The Lodhis were reluctant to innovate.  Structure The head of the state during the Delhi Sultante was called the sultan. The Sultan was politically very similar to the Khaliff but was subordinate to the Khalif. The sultan was invested with both judicial and executive powers. He was the head of the armed forces and often led the army on the battle field himself. He also made all the higher civil and military appointments.  The officials of the Sultan included the Naib or the deputy Sultan, the wazir or the prime minister, the head of the military department or the Diwan-e-arz or the ariz-e-mulk, the head of the department of records or the dabin-e-khas, the head of the ecclesiastical department or sudar-e-sudoor, the head of the judicial department or the qazi and the head of information intelligence or barid-e-numalik. The other officals were the heads of agriculture department set up by Muhamed Tughlaq, the head of royal karkhana,kitchen, stable and household (all royal) and also the department looking after the Sultan's personal bodyguards.  The department of agriculture was established by Muhammed Bin Tughlaq who was the first ruler of the sultanate to have set up a different office for it.  The sultanate was divided into iqta or province. The head of the iqtas was called naib or walib. The heads of the departemtn at the center was expected to send annual reports on income and expenditure and deposite balance at the exchequer. The spoils of war were to be kept by the Sultan himself. The Sultan kept a close watch on the provincial heads. The iqtas were subdivided into shiqq or a division. A shiqq was controlled by a shiqqdar. They were further divided into sarkar and then parganas. The sarkars were controlled by shiqqdar-e-shiqqdaran and the parganas were controlled by the Amirs. The administration of the Parganas was very important. The village which was the lowest unit of administration was always the basic unit of administration. The panchayats were controlled by hereditary offices. The panchayats controlled the village. The revenue collectors under the Turko-Afghans were called Chaudharies, Patwaris, Kudhs and Mukkuddams and Chowkidars.  The sociological needs of the villages were looked after the villagers meaning they were organic units which were governed by a collective. The administrative apparatus reveals a very hierarchicised structure which was well framed and well developed and efficiently run. The Turko-Afghans showed a highly nuanced understanding of administration. Modern administrative framework and ideas of governance can be traced back to the ideas introduced by the Turko-Afghan rulers. Administration in India then not necessarily Western in concept. Law of Succession under the Turko-Afghans 07 January 2013 The Turko-Afghans evolved a definite law of succession to the throne. According to Islamic ideals, the monarch had to be a person suffering from no physical disability and also had to be a free born Muslim. He had to be a suitable ruler who could govern according to equity and justice. He had to be elected by the people. Hereditary succession became popular under the Turko Afghan rulers. If someone usurped authority then homage had to be paid to him. So, election were less common then occupation by force.  Reforms of Allaudin Khalji Allaudin Khalji, whose Dynasty ruled for only 30 years made a serious attempt to establish a strong government at the center. He established a military regime. At the beginning his reign his authority was challenged by Ulumas. Early period of his rule was plagued by unrest, all of which he succeed in suppressing. There were 4 reasons mainly for the rise of turbulence in his kingdom, as follows: 1) At the beginning, he failed to establish an efficient network of informers which made him ignorant of the condition of the people 2) The nobles began to conspire against the monarch 3) Inter-marriages and close social exchanges among the nobility of the time brought the nobles closer to each other, making them a strong and united group 4) The nobility suddenly became extremely rich and thus very powerful After he returned from Ranthambore, he issued 4 ordinances to check the growth of unrest in his kingdom. 1) He sought to curb the wealth of the nobility by withdrawing religious endowments. He cancelled all grants of land and pension. He also started very heavy tax collection in order to curtail the powers of the nobles and officers 2) The Sultan set about improving the quality of espionage in his kingdom, the newly recruited informers were sent into markets towns and villages to survey the day to day activities of the people as well 3) allaudin struck a very high moral note by prohibiting the use of drugs and liquor as well the dice . Private parties were banned to instil a sense of high culture and values into the degenerate nobility 4) He immediately banned intermarriages within nobility. All marriages were to be reported to the Sultan.  These measures of Khalji did initially succeeded in curbing the powers of the nobles. The condition of living of people in his kingdom worsened. At the same time, he will be remembered for the rather novel economic measures that the adopted. For the Hindus, he fixed the revenue at half the gross produced of the land and their burden was increased by grazing and house taxes. He introduced the practise of measurement of land as a preliminary step to land settlement. He was the first Muslim ruler to do so. He will also be remembered for his efficient management of armed forces. In order to create a military regime in the centre, he created a large standing army. The officers and soldiers were directly recruited and paid by the state. He maintained descriptive role of the individual soldiers and the branding of the horses. The Sultan took personal interest in the equipment and description of the forces. Allaudin could maintain a very large standing army at a minimum cost by fixing the prices far below the normal market rates. This was to mainly benefit the soldiers who could maintain a comfortable standard of living on a low salary. Thus, state apparatus that he introduced was mainly meant to benefit the army. His understanding of the needs of those who were not in the armed forces was weak. He demonstrated no comprehension of a non-militaristic state. JAN- 7 RS Sharma- Aspects of Political Ideals in India SUCCESSION LAWS • The Turko-afghans evolved definite laws of succession to the throne. According to Islamic ideals, a monarch had to be an adult suffering from no disability and also had to be a free born muslim. He had to be a suitable ruler who would govern according to equity and justice and had to be elected by the people. Hereditary succession became popular under the Turko-afghan rulers. If someone usurped authority then homage had to be paid to him. So, elections were less common than occupation by force. • REFORMS OF ALAUDIN KHILJI Alaudin Khilji, whose dynasty ruled for only 30 yrs, made a serious attempt to establish a strong govt at the center. He estd a military regime. At the beginning of his reign, his authority was challenged by Ullema. The early period of his rule was plagued by unrest all of which he succeeded in suppressing. There were 4 reasons mainly for the rise in turbulence in his kingdom: a. At the beginning he failed to estd an efficient network of informers, which made the sultan ignorant of the condition of the people. b. The nobles began to cinspire a/g the monarch. c. Inter marriages and closed social exchanges amongst the nobility of the time brought the nobles closer to each other, making them a strong and united group. d. The nobility suddenly became extremely rich and powerful. • After he returned from Ranthambore, Alaudin issued 4 ordinance to check the unrest in his kingdom: 1. He sought to curb the wealth of the nobility by withdrawing religious endowments. He cancelled all grants of land and pensions. Alaudin also started very heavy tax collection in order to curtail the power of the nobles. 2. The sultan set about improving the quality of espionage throughout his kingdoms. The newly recruited informers were sent into markets, towns and villages to survey the daily activities of the common people. 3. Alaudin struck a very high moral note by prohibiting the use of drugs and liquor as well as the dice. Private parties were banned to instill a sense of high culture and values into the degenerate ……into the nobility. 4. He immediately banned inter marriages amongst the nobility. All marriages were to be reported to the king. • These measures of Alaudin Khilji initially succeeded in curbing the power of the nobles. The condition of living of people in his kingdom worsened. He would rather be remembered for the economic measures he undertook. For the hindus, he fixed the revenue at half the gross produce of the land and their burden was increased by grazing and house tax. He introduced the practice of measurement of land as a preliminary step leading to land settlement. He was the first muslim ruler to introduce these measures. • He will also be remembered for his efficient management of his army. In order to create a military regime at the center, the sultan setup a large standing army. The officers and the soldiers were recruited and paid by the estate. He maintained the descriptive role of the individual soldiers and the branding of the horses. The Sultan took personal interest in equipment and description of the forces. Alaudin could maintain a very large standing at a minimum cost by fixing the prices far below the normal market rates. This was meant to mainly benefit the soldiers who could maintain a comfortable standard of living on a low salary. Thus, the state apparatus that Khilji introduced was mainly meant to benefit the army. His understanding of the needs of those who were not in the armed forces was weak. Alaudin did not note any comprehension of a non-militaristic state. Market Regulations of Khalji 08 January 2013 Perhaps the most of Allaudin's reforms were his experiments with political economy. He fixed the prices of not only all varieties of grain, pulses, cloth, slaves, cattle and horses but also of other essential items such as food. Revenue was realised in kind and the grain thus secured in the state's granary. The peasants were to sell their grains only to control merchants and no public hoarding was permitted by the sultan. Merchants were required to register themselves with the government. Cloth merchants were given advances to buy cloth outside of Delhi and then come to Delhi and sell it for fixed prices. The merchants were allowed to keep a margin of profit which however offered no incentive to them. A superintendant of market with a strong staff of assistants was appointed for the strict enforcement of price regulations. The essence of the political system consisted of control of supplies, control of transport and rationing of consumption. The medieval historian Barauni has suggested that the unvarying price of grains in the markets was considered to one of the wonders of the economic management of the times. However soon this strict enforcement of prices began to develop problems that affected the areas outside Delhi. The commodities were cheap only inside Delhi, hence the people and the soldiers living inside Delhi benefited from these measures. In the short run Allaudin's market regulations proved to be quite successful but in the long run, they were neither in the interest of the people nor the government. As another historian KS Lal has commented, the motive of the Sultan was never to hurt the peasants but the exigencies of the state, specially his own personal interests', demanded framing of policies that eventually alienated him from the bulk of the people living under his sovereignty. His market regulations were only meant to benefit the army. This also contributed to a weakening of his position. Top of Form Reforms of Muhammad Bin Tughlaq 08 January 2013 Tughlaq was one of the earliest Muslim rulers to have launched schemes and made experiments in administration as well as political and financial matters. He issued several ordinances for the improvement of his revenue administration. The first ordinance required all provincial governors to submit reports of their income and expenditures to the centre. A register had to be maintained. This ordinance had a two fold objective. 1) It was meant to enable the Sultan to introduce uniform standards of revenue throughout his empire and 2) It was also meant to ensure that the villages in the Delhi Sultanate were all properly assessed. Another administrative act of Muhammed bin Tughlaq was the enhancement of taxes in the Doab region. This measure was meant to increase the resources of the government. Barauni says that the taxes was increased by 10 to 20 times in his regime. Rigorous attempts were made by his officers to collect taxes, however these taxes were imposed on the people when the doab region was reeling under severe famine. Economic pressure forced the peasants to leave their land and take up highway robbery. Some even took refuge in the forests. Rebellion as a result broke out in his domain which had to be crushed with a heavy hand. This led to the decline in the importance of agriculture. The usual revenue could not be collected from the Doab region. The Sultan did succeed in forcing the cultivators to return to their lands but in the process he abolished the new taxes that he had imposed and in order to appease them, he gave them seeds, bullocks and arranged for the digging of wells for irrigation. But his revenue policy suffered in these years.  In spite of his many failings, tughlaq's regime will be remembered for the importance given to agriculture. He set up a new agriculture department, Diwan-e-amir-e-kohi which had about 100 officials. Agricultural reforms were introduced in his times. The Doab was divided into crops of lan, each having 60 sq miles. The produce that came from these plots was not less than the necessary amount. The cultivators were hired for this work. The Government advanced nearly 70 lakh tankas. However, there was no dearth of corruption in the sultanate of this time. The poor quality of land chosen for farming and the indifference of the cultivators lead to his agricultural programme. There was not much cultivation that was carried out in his time. He will be remembered as a ruler who had novel and extremely interesting ideas which were far ahead of his time. He was a visionary ruler who however, failed to successfully implement his ideas. The Mughals 15 January 2013 Departmental Administration under the Mughals Mughals ruled independently without recognising any outside authority. Like the Sultans of Delhi, the Mughals were all powerful. He was an executive head and was the fountainhead of justice. He was also the commander in chief of the armed forces, and the chief representative of God on earth. His divine status was affirmed by the practise of jharoka-darshan, or audience given by the emperor through a special window and also by another practise called the tula-dar or weighing the emperor against the gold. These practises were started by emperor Akbar. Abul Fazl, a minister in his court and one of his foremost historians was royalist who established the authority of the king. However, he was also concerned with the welfare of the people. A concern that was evident in the reigns of the subsequent great Mughals including Aurangzeb. There was no accepted law of succession in this period.  The Mughals inherited an administrative structure that was not entirely sound. In Akbar's time, it was sought to be systematised. Akbar turned out to be an innovator and reformer, by greatly changing the traditions and practises of India in his reign. Akbar believed that divine worship must be followed by good governance and commitment to justice.  The success of the government at the centre depended on the personal charisma of the ruler. JN Sarkar suggests that the emperor didn't necessarily have a council of ministers under him .Two most important were the wazir and diwan. The other officials were in no sense his colleagues. The powers of the wazir were immense, although, the powers of the other officials were not very well define. Thus governance, even during Akbar's time, depended on the personal whims of the emperor himself. Jan 17 • In babar's time, little attention was paid to administration. Under emperor Humayun, the four main government departments were: 1. Military dept which was entrusted with the maintenance of artillery and the manufacture of fire arms 2. The dept which looked after the royal wardrobe, kitchens and the stable; basically dept looked after royal household 3. The dept of irrigation which was given the tax of cutting new canals and providing regular supply of water 4. The dept of agriculture as well as urban planning so the Mughals sought to club together agriculture with urban planning. This dept was placed under a nobleman. These were the 4 main depts of central govt under Humayun.  • After the reign of Humayun, there were a few depts in Mughal empire. These were: 5. The exchequer and revenue dept under the high diwan or the Diwan-i-Ala (the term diwan really implies, in the Mughal perid, a revenue officer) 6. The imperial household, which came under a high steward or Khan-i-Sanam 7. The military pay and a/c office under an imperial Bakshi  8. The dept dealing with cannon law; both civil and criminal,, which was placed under the supervision of chief Qazi or a Qazi-ul-uzat 9. the dept dealing with religious endowments and charity which was placed under the supervision of a chief Sadar 10. The dept entrusted with the work of carrying out censorship of public morals (censorship surveying etc) placed under a Muhtasib 11. The dept dealing with artillery under a Mir Atish or a Daroga-i-Topkhana 12. The dept dealing with intelligence in posts (which is now changed into posts and telegraph) which was placed under another officer with the tile of Daroga 13. The Mint placed under a governor • There were other minor depts such as the Imperial workshop which was placed under a chief engineer or a superintendent. This demonstrates that the Mughals understood the importance of engineering. (Two areas of governance that Pandit Nehru emphasized on were agriculture and engineering). • Regarding general admin, the Mughals were quite systematic, although there were no formal rules and regulations, paperwork was very common in Mughals and admin didn't undergo significant change in the absence of the Emperor; officers under him would immediately take over charge in his absence. Jan 18 (There are many similarities between the Mansabdari system an the civil services) ADMINISTRATIVE SETUP OF THE MUGHALS • The empire was divided into Subas. These Subas were not merely administrative units of manageable proportion, they were also historical tracts. There were 15 such Subas or provinces under the Mughal emperor. Under emperor Aurangzeb, 4 generations later, there were 20 Subas. The head of the Suba was the head Nizam or the Subedaar. A Nizam is slightly lower than a governor. Head Nizam could be equivalent to governor. The eminent historian Sir Jadunnath Sarkar suggests that the admin units or the provinces were really replicas of the center. The Subedaar had a Diwan appointed under him. The other officers of the Suba under the Subedaar were Qazi, Bakshi, or the Kotwaal etc. • These provinces or the Subas were divided in Mughal times into Sarkars. (Above the sarkars and below the Suba was another division called Shiqs, but this level was abolished under the Mughals and was only under the Sultanate.) The Sarkar was ruled by a group of officers appointed by the emperor subject to imperial regulations. However, those territories which were placed under the Rajput chieftains continued to remain under their original indigeneous rulers. These tracts often were equal in size or a bit larger or smaller than Sarkar. The point to note here is that the Mughals also understood the importance of dual rule like the British. The British picked their ideas of dual governance from the Mughals. There were two levels of admin- at one level there were the districts or sarkars run by the imperial officers; at another level there were other districts kept under the Rajputs.(Which demonstrates the realization of the mughals that India couldn’t be solely ruled by Mughals but needed Indian rulers as well). The head of the Sarkar was called Faujdaar. He was a military officer who was also the district chief. The Faujdaar was assisted by an Amalguzaar or a finance officer, a treasurer, a Kanungo or an officer who prepared all the papers concerning agricultural affairs and collection of revenue and Karkuns. • Under the Sarkar, the village was the next most important admin unit. The Mughals didn’t interfere with the internal politics of village life or village institutions. Their only concern was to collect the tax and allowed the existence of the Panchayat. The village system was somewhat similar to municipal admin. Although Jadunnath Sarkar shows the complexities of village admin to delineate it from municipal admin. The towns of the districts were placed under the imperial officers. There is evidence of a loose corporate life in Mughal India and we do find clear evidence of self governing institutions in the towns and the villages. • The Kotwaals were placed incharge of the town. They were the law officers responsible for the preservation of the law and order. Their work included patrolling of the city, regulation of commercial transaction by supervising weights and measures, the looking after of welfare of the laborers and running an efficient espionage network. The conduct of the Kotwaals determined the nature of govt at the local level. • The Mughal empire had two types of villages- villages controlled by the landlord and Ryotwari holdings. Muqadams were placed incharge of village admin. The landlords were appointed by the govt and their salaries came from govt allowances. Fees from villagers and income from their share of the land. the landlords were assisted by the Patwaaris or accountants, Munsif or civil judge, superintendents, land surveyors and Thanedaars. Another officer was the Tehsildaar. ps- the part in brackets are not his dictated notes. they can be skipped if need be. i've taken them for sake of convenience. Mansabdari System under Akbar 21 January 2013 The system was founded by Akbar, although there were continuities from the sultanate period also. Under the Mughals, the mansabdari system became complex, mainly due to the interpenetration of the army, the nobility and the civil servants into it. Sir Jadunath Sarkar suggests that Akbar organised this system which he saw as the empire's administrative machinery on the military basis. Officers performing purely civil duty were granted a military rank which was indicated by the mansab given to the officer. The other department that was incorporated into the mansabdari system was the ecclesiastical department. Thus the mansabdari system was an all embracing one in which the members of the nobility were given a significant status.  The word mansab literally means the state or the condition of holding a place, dignity or office. A mansab by itself did not denote any particular office. It merely implied the recipient's order of precedence in the system itself and the society at large as well the public servants. Thus mansab meant rank. The persian for rank would be mansab. This redefinition of the word took place in Akbar's time, thus akbar minimised the possibility of fraud within the administrative machinery in his time by standardising and regulating the system. He also brought about order and stability in the military organisation of his empire. The mansabdari system did not remain static, it continuously grew complex. The mansabdari system had two distinct characteristics, irrespective of their ranks the mansabdars was directly subordinate to the emperor. This meant that there was little opportunity for promotion within the system. Thus each rank was exclusive in itself. They were given contingents which were to be managed by officers appointed by the mansabdar. Thus when during an expedition a mansabdar was attached to a mansabdar of a higher rank, the former had to take orders with the latter only with respect to movement and not in respect to contingents.  Mansab were dual in nature. They were divided into Zat and Sawar. Towards the end of Akbar's reign, the mansab's were divided into these two categories. There is no unanimity with regards to the numbers of grades. There is no unanimity with regards to the two terms and the number of troops that were to be maintained by the mansabdars. The historian Abul Fazl says that on the basis of the numerical value of the letter framing the word Allah, the emperor fixed in all 66 grades of officers, but in actual terms there were 33 grades of officers. According to Jadunath Sarkar, Zat was the original rank, indicating the officer's position while sawar was the military rank indicative of the military obligations of the officer. The sawar rank was equal or less than the zat and the actual position of the mansabdar was to be identified by the zat.  In Akbar's time, the lowest mansabdar was the commander of 10 and the highest was of 10,000. At the beginning of akbar's reign, rigid rules were not framed in this respect. Thus we find, in the mansabdari system there were instances where the sawar rank exceeded zat. There were also cases of conditional sawar ranks. The introduction of do aspa si aspa, meaning two to three horse remounts in addition to the sawar. In similar terms, zat indicated a rank in relation to the officers and nobles of the state and the salary that was meant for maintaining the officer's position and dignity. Sawar on the other hand indicated the number of cavalry men that the mansabdar was to maintain. Every mansabdar maintained his own army, looked after the recruitment process, training, discipline, arms and the uniforms of the troops that he maintained. Defects of the Mansabdari System 24 January 2013 Historians have shown that the original intent allowing a mansabdar to maintain as many soldiers which were indicated by his rank was soon, in the process of the development of the mansabdari system lost by the organisers. Soon the mansabdars started taking more soldiers and horse remounts than were due thus leading to corruption and a new growth of it. The dissertated and the amorphous nature of the mansabdari system meant that the mansabdars became all powerful. Due to the lack of proximity to the emperor who was either at Agra or away for campaign, the mansabdars not only became alienated from the centre but also became unmanageable. Loyalty towards the emperor began to wane. This lack of integration of the mansabdari system led to the weakening of the central authority and also the weakening of the moral fibre of the army. The fighting skills of the Mughal armed forces weakened as well. The inclusion of non combatants into the mansabdari system and the army in general contributed to the lowering of standards in the army. Speed and efficiency were affected. Another evil that crept into the mansabdari system was the serious problem of casteism. Recruitments were carried out on the basis of caste loyalties. Direct recruitment by the emperor almost completely stopped even during the second half of the reign of Akbar. The emperor could only lay down general rules of recruitment, maintenance, discipline and payment to the troops allotted to each mansabdar. Their control of the emperor on a day to day basis disappeared. The apathy of the successors of Akbar's successors to the efficient management of the mansabdari system also contributed to the decline of this organisation. Errant mansabars contributed no less to this decline. Akbar's Revenue Reforms 31 January 2013 India's economy in the Mughal age as it was earlier was pre-dominantly agricultural in nature. Land revenue was the main source of income for the state. It was on the success of the revenue policy of the respective regimes that the popularity and longetivity of the regime depended. Agriculture formed the backbone of the mughal economy. Any damage to agriculture led to the growth of instability and worsening of law and order in the mughal state. It was in the time of emperor Akbar that the revenue reforms of the mughal rulers were developed with an eye on the need for the welfare of the peasantry. It has to be noted that Akbar benefited mostly from the reforms left behind by his predecessors, especially the afghan ruler Sher Shah Suri. Sher Shah's revenue reforms were four-fold: 1) he adopted annual methods of assessment 2) he introduced the classification of land on the basis of the fertility of the soil in order to determine the average yield and the state's sharing 3) he used pattas or title deeds that defined the mutual rights and obligations of the holders 3) he introduced a permanent schedule of rates. The principle objective of sher Shah behind such reforms was to improve the condition of the living of peasantry and to stabilize the annual revenue returns of the state. Justice to all was also a principle that informed Sher Shah's revenue policy. Based on these measures, Akbar proposed specific methods to asses the land revenue: 1) Now instead of hempen rope which contracted and expanded according to weather conditions, the revenue officers used bamboo to measure land. These bamboos were joined together by iron rings so that their length remained constant. The unit of area of field was now bigha. A bigha was 60x60 yards i.e. 3600 sq yards 2) Akbar made the peasants true owners of the land 3) the state reserved the right to collect taxes alone 4) Revenue was realised on a seasonal basis i.e. soon after the harvest. If the peasants failed to pay the full sum or the part of the sum ,they were not deprived of their holding, the amount that was remained to be paid was collected in instalments later. These measures demonstrate Akbar's ability to understand the mind of the peasantry. They also demonstrate the Akbar was a practical ruler. Through these measures Akbar succeeded in realising the maximum amount of revenue. Akbar left an indelible mark in taxation as well. He sought to bring equitable distribution n the burden of taxation by classifying land according to fertility and fixing the rent in proportion to it. Accordingly, the land was now divided into 4 classes: 1) Polaj or the land that was cultivated every year and which brought annual revenue to the state 2) Parauti or parati or land which was left fallow for one or two years 3) chachar or the land which was left uncultivated for 3 to 4 years 4) banjar or a place of land which was uncultivated for 5 years or more. To determine the average yield, each of the first 3 categories of land were divided into 3 grades: good, middling and bad. The average yield per bigha for each of the land in respect to every crop was totalled up and divided by 3. The average was treated to be the average yield of the polaj land. 1/3rd of that average was set as the share for the state which was a measure meant to lessen the burden of taxation. Consti-3-02-13 Right to equality: Right to equality is a right which reserves lot of philosophical value and has historical value.it inspired the revolutionaries lot of thought .it is a concept which has influenced a no. of social movements it has been a great source. It has been a concept which has brought so much confidence in their mind so they can argue for all the ill treatment. See the right to equality something which is recognized from earlier times and something which is connected to justice. Justice is promoted because their argument to be treated as equal human beings in equal circumstances. When equals are treated equally and unequal are treated unequally justice is done. When people are similarly they should be treated qually.it is a concept which has several deimnsions.it has dimensions of equality of status.it has dimension of equality of opportunity. These are the concepts which were introduced in the preamble. the state shall not deny any person equality before law and equal protection of law in any state. It does not mention equal of status, equality against discrimination etc. soe of those are available under other countries such as US. Article 15(1),15(2) and 16(1),!7,18 all discuss about equality of some kind or the other.(status, caste etc.) Article 18 prohibits …………. all these principles are related to concepts of non-discrimination. We may have certain disabilities ex. No access to education for a long time. Children should also be given special provisions to protect their interest. This can be called as a positive discrimination. These are contemplated under article 15(3),15(4),16(4),15(5). Equality of states: The person’s legal status is determined by some legal consults. 1.duty-right 2.libailty-power 3.disabiity-imunity 4.liberty-no right. by virtue of social position of family background or concession of wealth, no person should be put into special position or any kind of disability. By birth all human beings are processing human personate, human characteristic and human nature. All humans are common urges, rich or poor. in so far as imposition of any obligations, there shall not treatment of any person in any manner. Absence of special privilege is the basic foundation of principle of equality when all person stand on equal footing, it is equality of status. in matters of right to sued and sue and the responsibilities and obligations , everyone should be treated equal in any cost. these are also the concept of equal justice for all. Under article 19 of the constitution. ((by virtue of the special power recognized under the constitution, the president is entitled to some immunity, the common individual and the common man cannot sue the president of India, the president or the governor cannot be sued. purpose? acts done in purpose of the constitution, they enjoy immunity.))Article 361 immunity is only their for the valid use of power, it carries along with it desired elements of immunity ((Mennakshi: the president passed an ordinance even with protest by women groups. Where do we draw the line to his valid powers.? professor:…………………………………………..for valid excess of power there immunity………………………the king can do no wrong, it means that king is incapable of doing wrong although he may not do right)) equality before the law has this implication that there must be absence of any special privilege of immunity, disability …………….. lets say there is immunity from all kinds of liabilities, it will go against the republican system. equality of opportunity concerns with material opportunity like jobs or licenses or access to education. All these type of opportunities should  a common voter can become the prime minister of India, law does not bid any kind of discrimination. everybody in the society should be able to pursue material benfits and advantages and there shall not be any impediments and exclusion of any person in any manner. ((meenakshi: phirse samjhao . nhi aya samajh suppose there is error in the judgment or there is omission . it is possible to say that it is broadly coming within . when their misuse of power on such a scale that it is not able to attribute . the person cannot enjoy immunity. For example criminal acts. Pinky: the Supreme Court can always come in if their malafide use of power by the president by way of judicial review.)) ((Shreyshei: opinion of the public can decide the non-justification of his actions.? Professor: he is supposed to be broad minded etc…………………………………..)) There is much debate in the sphere of public liability…. Officer liability should be the approached or officer immunity should be there. * Concepts of suability discussed* . If u will look through constitutional intention , equality of equality will be there welfare provisions. If the consent of the welfare state is taken seriously and all the ideals are put into consideration, then equality should be prime most priority equality before the law: this is a concept which has evolved in a English constitution system. How so ever high human being may be, the law operates on him equally. The legal consequences in various circumstances, relating to wrong or rightful acts should be operated equally. Av Dicey: the law shall rule and law should be treated equally , and there should not be any scope of any arbitrary action In cases like Entick vs. Carrington, the state is liable of any wrongful act, for example a police officer holds the journalists bags and holds the journalist without the authority of law. For such arrest or seizure of documents should be under the authority of law. He does not do that therefore liable under the law. Av Dicey: every person admitted to hierarchy should be standing on equal footing. Law shall rule not the man when the man rules his individual prejudices and individual pretences operate, it is better to depend on the source of law.  Total absence of arbitrariness shall be essential for the rule of law. Absence of uncontrolled discretion or unguided discretion should be present and there should be answerability to the sources of law is necessary. Dicey protested against the French administration ability and French hierarchy. EBL is to limit the ambit of state to prejudice whereas EPL is to promote some kind of positive discrimination and welfare policies to aid society. Income tax act , this is a legislation which is made with the purpose revenue capable of paying tax. Taxable capacity of the society should be regulated, that is why the income tax act is formed. Rural empowerment guarantee act, maternity benefit act are other examples. Justice is fact situation where right of individuals are proportionally protected. Natural equality will prevail as it is. 4-2-2013: Muslim Law: Principles: Definition, sources, schools. The central concern is whether it is divine or man-made law. Definition: Islamic law is a complex family of laws instead of being a single system of laws. It is a way of life which is manifested in disparate local traditions and cultures. It is plural-both culturally and in terms of religion. It deals with the tension between doctrinal and religious claims to legal validity. It was initially meant to be an alternative model to European Christianity and its natural law that it embodies. Thus, Islamic law deals with the other, especially the non-believable. In that sense, it is plural. In spite of its definite towards plurality, a good Muslim is always taught to respect the Quran and follow Islam or at least a particular kind of Islam. Thus, elements of change cohabit with elements of continuity in Islam. Thus Islamic law emerges from divine revelations. At the same time, it is also scholar’s or jurists’ law which seeks to give more importance to rationality and less to revelations. It is torn between two concepts: ahal-al-hadisse and ahal-ar-ray. The first means binding oneself to revelations completely. The latter means engaging in private speculations about what God may have meant and adds a secular colour. The internal perspective of divine superiority depends on interpretation or ijtihad of the believer. Thus, there is an emphasis on religious positivism/centralism which leads us to believe that God’s law is supreme and the Quran is the law. Role of the Prophet in making Law:  The prophet was the recipient of divine messages and the first leader of Muslim community. He played a central role in harmonising revelations with social exigencies/reality of the times. There is a close interacting relationship between ethics, morality, religion, state and society in Islam. He was the ruler, human recipient and guardian of divine will in Islamic law. Such a model is pluralistic in spite of monotheistic focus on God. God’s sermons came in the form of guidance from the Prophet. He had to balance between being God’s messenger on earth and the emerging ruler of the entire Muslim community. At the same time, he was a messenger first and then a ruler. The Prophet had to explain the greatness and goodness of divine order. He was expected not to assert his own personal rule. Thus, all political and positivistic legal and social authority in Islam was sought to be subjected to the directive of the divine will. No jurist other than the Prophet could lay claim to understand the God’s will. Thus, Muslim jurists are necessary faithful interpreters of the divine will. They are never autonomous law-makers. Such an atmosphere and system allows for “Ikhtilaf” or tolerated diversity, or the margin of error in a pluralist post-revelation legal system. There are scholars in Islamic law who believe that Islamic law is more than mere divine and has elements of man-made law incorporated in it. Most Muslims are taught that the Quran does not answer all legal questions directly but really offers a broad guideline for building upon ethical framework of laws. It is everyday/quotidian law and a living experience which is closely related to the socio-cultural realities.  Quranic legislations, according to this school of thought, are not a monolithic entity. The Quran is lex divini, that is, it compares with other categories of natural law as well. In a plural society, divine law has to be closely married to the socio-cultural and socio-political exigencies. In that sense, Islamic law emerges as an everyday law made for the common man. It contains the essence of God’s law but it is not the law itself. 05-02-2013: THE ORIGIN OF MUSLIM LAW: The Shariat: the Shariat is the central concept of Islam. The entire Islamic religion including its alws revolves around the notions of Shariat. To understand the social, political and cultural histories of the Islamic civilisation, one needs to understand the Shariat. It is the sacred law. Literally, it means the road to the watering place that is the path to be followed. In technical terms, it implies canon laws of Islam and totality of Allah’s commandments “hukm”/ “ahkm”. It embraces all human actions. It is not law in modern sense. It contains infallible guide to ethics. It is a doctrine of duties and code of obligations. Legal consideration and individual life enjoy a secondary place in life. It offers a religious evaluation of all affairs of life. It is the Islamic equivalent of Dharma as it deals with duties and code of obligations. It is totalitarian in nature. All human activities are part of its sovereign domain. It pronounces 5 religious injunctions: farz, haram, mandub, makruh, jaiz. Farz is those activities that are strictly enjoined to a Muslim. Haram are those activities strictly prohibited. Mandub-things advised to be done. Makruh- those activities advised not to be done. Faiz-those affairs of life to which Islam is indifferent to. Farz involves 5 times prayers daily. Haram- not taking any intoxicants. Mandub- performance of additional prayer on Eid. Makruh-directs Muslims not to have particular food items like fish. Jiaz-Travel. These are moral obligations different from legal necessity. Hadisse/Traditon of Prophet/Record of His actions and Sayings: it offers inspirations in arriving at legal decisions. If the Quran or Hadisse cannot answer any question, then Islamic law dictates to be guided by reason in accordance with these two. SOURCES OF MUSLIM LAW:  It has to be interpreted in accordance with the general consensus. The actions and sayings of Prophet Have to be duly considered and judgement especially on legal matters have to be exercised according to legal theory if Koran and Sunna are silent on relevant questions. Quran: it is the first source of Islamic law. It is important both spiritually and in terms of religion. It has legal significance. Even though only a few verses (Ayats) deal with legal matters, it is considered to be the final authority in law. It is believed that the Quran had divine origin. It is Al-furqan, one that helps in distinguishes from right from wrong. It contains 6000 verses of which only 200 verses deal with legal matters. Of these 200, only 80 verses deal with the law of personal status. Most of the legal verses address marriage, inheritance, divorce. It sets out no code at one place. Much of the Quran concerns itself with philosophy of life and religion especially, Islam. It cannot be either questioned or altered as it has divine origin. It was written from Wahis which were committed to memory after the Prophet had heard and approved of the text. One view was that it was written during the time of the third Khalifa which was challenged by Maulana Abul Kalam Azad, the first education minister of India. Feb 7 Sources of Islamic Law (Contd) • Sunna (traditional): Literally, Sunna means the trodden path. It denotes some kind of practice and precedence. Initially, it meant some kind of custom, but over time it came to imply practice and precedence. The principles stated in the Quran found application in the hands of the Prophet. This led to the emergence of Hadiss. As sources of Islamic law Hadiss are binding as the Quran. The number of Ahadiss is vast. The medieval Islamic jurist Ahmed Ibn Hanbal in his Musnad (text), collected over 80,000 Hadiss or Ahadiss. However, most of these precedents are not lengthy. A Hadiss based on a single testimony is considered to be insufficient. Shias don’t give any credence to the Hadiss unless it comes from the house of the Prophet. The collection of the traditions deal with the principles of Islam as distinguished from the principles of Islamic law. • Another part of the Sunna or tradition is the Shariat. The classical belief is that the word of god is law and law is god's command. This involved the interpretation of "Fiqh", which means the science of Islamic jurisprudence. The practitioner of Fiqh is a "Faqih". The Quran and the Sunna are the fundamental groups of Islamic law. • Ijma: The validity of Ijma as containing a binding precedent is based on the Hadiss of the Prophet that holds the view that God will not allow his people to agree on an error. Ijma is not merely hearsay or novelty, it became a feature of all schools of Sunni law and is binding on all of them. Western scholars suggest that it is a way by which Muslims seek to shape Islam, rather than Islam, the religion, shaping individuals. The authority of Ijma emanates from a verse in the Quran. Muslim scholars also suggest that the writ or the rule of the Quran governs Ijma. Rules deduced on the basis of Ijma have varying degrees of sanctity in the different schools. However, all the schools of Islamic law believe that where there is consensus, there can be no disagreement. Ijma, once estd, cannot be repealed. The Hannafi, hold that Ijma is the fundamental source of Islamic law, although the Shafis give it much less importance. The Malikis accepted in the framework of Medinese thought, Ijma means a command legislation. • Qiya: The word Qiya derives from the Jewish term "Hiqqish" which has an Aramic root, meaning to beat together. In Arabic, it means measurement, thus it means analogy.This word is used along with the "rai" (rai here means opinion). When that opinion is directed towards a more systematic consistency, it is called Qiya. When it expresses the personal choice of the lawyer, guided by the idea of appropriateness, it is Istilah or preference. In Sunnaite days, this method of deduction was the last source of Muslim law. • OTHER MINOR SOURCES OF ISLAMIC LAW:  5. Pre-Islamic Customs 6. Roman Law 7. Laws and customs of South and South-East Asian countries 8. Common Law 11th February Two schools of Islamic Law: 1) Shia school  2) Sunni school Shia has the Akbari and Usuli schools. Akbari founded by 6th Imam of the Imamiyas, Imam Saddiuq. Shias do not accept any tradition attributed to the prophet unless it comes directly from his house. They are divided into the above two branches. Akbaris accept some regulations from scholars. Usulis accept the Imam's doctrines. In the absence of the Imams, a judgment was to be interpreted in the right of reason, Ijma. In the Shia school, under the supervision of the Imam there was no room for equity, public policy or analogical interpretation. Out of the Shia school emerged the Mota Zila school, which is a rationalist and liberal branch of the Shias. The Imam represented the conservative elements, but under the Imam others were not as conservative. Tendency towards liberalism even in early Shia law.  There are 5 periods in Sunnite law: 1) 1st period: A.H.1-A. H. 10. in this period, the Quran and the Hadiss was compiled and edited,. The prophecy was personally responsible for legislation. The legal verses of the Quran were revealed at this stage. The theory of inspiration gained ground in these years. 2) 2nd period: A.H. 10-A.H. 40. this was the period of orthodox Khilafa. Close adherence to ancient practice under the guise of adherence to Sunnah. The Quran was collected and edited during this period too.  3) 3rd period: A.H. 40-3rd century of Islam. most important. 4 schools of islamic sunni law were formulated: a) Hanafi- b) Maliki c) Shafei d) Hanbali 4) 4th Period: 3rd century-1922/24. ended with the demise of the Turkish Republic in 1924. in this period, kanoon or secular law made inroads into Shariat or sacred law. It can be identified with growing secular forces in Islamic law. Modernity also gained ground 5) 5th period: 1922/24-Present. It is similar to the 4th period. Growing tendencies towards secularization. The Shariat lost its significance.  Hanafi Abu Hanifa was the founder of the Hanafi School. It was popular in Baghdad, and gained popularity amongst the Ottomon and the Seljuk Turks. It is most popular in India. It is comprehensively collected in Aurangzeb's Fatwa-i-Alam Giri. Relied on analogical deductions of Qiya as the main source of law. It was also popular in other countries such as Afghanistan, Syria and Turkey. Maliki Maliki. It was founded by Malik Ibin Anas. He lived in Medina. He expounded the tradition. He said that an oath of allegiance given under duress to the Abbasith rulers was not binding. This earned him their wrath. He relied on the Quran and the Hadiss. This school was popular in Medina and upper Egypt, Central and West Asia, Spain and Eastern Arabian coast and also in Morocco. It relied on Qiyas as a source of law. Shafei Shafei. It was founded by Mohammed Ibin Shafei or Imam Shafei who was a high ranking jurist living in Baghdad. He was the creator of the classical theory of Islamic jurisprudence. He perfected the doctrine of Ijma. He was an eclectic. This school was popular in Egypt, Hejaz, South Arabia and East Africa. It also had a strong presence in Indonesia, Malaysia and other South East Asian. Hanbali Hanbali. Founded by Ahmed Ibin Hanbal. He strictly adhered to the following of the Hadiss. More traditionalist than a lawyer. Popular in Persia, Syria and Palestine. The Wahabis in India derive their ideas from this school. 12th February Common law in India Early charters in the establishment of the Surat Factory The charter of 1600 and the establishment of the East India Company On the 31sty of Dec 1600, by a charter of Queen Victoria, the…….. Incorporated in England. It was given a new constitution, powers and privileges. Initially it was set up for 15 years only. But the charter could be revoked by an order of the crown on merely two years notice if it could not show profits.  In 1609, King James I drew up a fresh charter placing the company on a firm footing. Now it was given the powers to enjoy exclusive trading rights into and from the countries lying beyond the cape of good hope eastwards towards the strait oif Magellan. This included India, Asia, Africa and America. All its members were to be formed into the general code which was to annually elect the court of directors. It was to comprise of the governor and 24 directors to mange the affairs. They held office for one year, but were eligible for re-election. Initially, the company was started with commercial concerns in mind and had modest beginnings. Appointments and admin work was to be done democratically. The servant of the company were to make ordain, and constitute laws for itself and for the purpose of trade and tariff. The senior officials of it would give punishments to offenders but at the beginning there was no capital punishment. The laws of it were guided by commercial concerns rather than territory and politics.  King's Commission was meant to give teeth to the legislative powers of the company. Capital punishments were introduced for dealing with murder on the high seas. Law marshals were appointed. The jury trial system was started. At the beginning the legal functions of the servants were meant to benefit the overall legal system of the British. That reflected the day to day concerns of the servants of the company. The commissions carried out ordinary judgments. But from the starts very few Englishmen were found guilty of any crime. So establishment of the charter of 1600 and the king's commission reflected the commercial interests of the British in India, political ambitions were secondary to trading concerns of the directors of the English East India Company. On 31st Dec, 1600, by the Charter of Queen Elizabeth the 1st, the government of company of merchants trading into the east indeed was incorporates in England. It was given in constitution and powers and privileges. Initially the company was given a life span of 15 yrs only, but the charter could be revoked on the grounds with 2 yrs notice if the company couldn’t show adequate profits. This demonstrates the commercial nature of charter and company. The company came to India was commercial purposes only. 14th February Factory at Surat The charter of 1661 was meant to reorganize the judicial system of India, deal with the law and order situation, all civil and military cases were brought under it. The governor had the authority to deal with law and order. In his absence the chief factor and his council referred the cases to England. The features of the charter: 1) Judicial powers given to executive. No difference between the two 2) Justice given according to English laws 3) There was discrimination but it was not very significant.  Significance of the Charter: The charter of 1661 gave extensive judicial powers to the governor and his council. Indian were also brought under its purview. It aimed at drawing in a larger group of people under it rather than the charter of 1600. The charter of 1600 dealt with the day to day affairs. The charter of 1661 aimed at reorganizing the law and order of the regions under the company. Surat factory Set up for export and import of commodities of the company. Had offices, residences and ware houses. The factories were to be managed according to the laws of the factors and the managers in the absence of a centralized legal system. There was autonomy. At the same time it was under the control of a Mughal governor or a Qazi. A dual system of laws was established within the domain of the factory. The English rejected the Mohammedan legal system because Mohammedan law did not have the concept of territorial law nor did it have a common lex loci (law of the land). The English set up non regular tribunals to decide cases inter se (between themselves) All powers were entrusted with the governor and his council. Justice was arbitrary. The elementary processes of law not followed.  The legal system introduced was meant to replace a flawed Mohammedan law which among other things did not have a common nexus yet it took a long time for the British to establish a proper legal system based on their notions of common law. No codification in this period but a small beginning had been made. The laws of the company were mean to serve its servants. The laws were clearly meant to serve their commercial interest. Right from the start they did have modest political ambitions. But even though modest, they were comprehensive. 19-02-2013: ADMINISTRATION OF JUSTICE IN MADRAS: 1. Phase-I: 1639-1665 2. Phase-II: 1665-1686 3. Phase-III: 1686-1726. In the three phases, the judicial system governed by English laws was established for the first time. English law was introduced in India for the first time in madras. Phase-1: In this phase, the judicial system set up was meant to primarily benefit newly arriving British people. This system was elementary and limited. Most of the cases that were referred to courts in madras were later sent to England to be tried by company officials there. Before the coming of the British, there was a headman or “adigar” used to act as the judge. The legal system was run on an ad hoc basis with no fixed trial procedure. The agent (head of the company) and his council had dealt all legal matters. They acted through a raja who was really a figure-head. The judgements that were passed were according to English law and its interpretations. At this stage, especially under provisions of charter of 1600, the agent did not have the power to give capital punishments which was the sole prerogative of the raja.  (The term “madras” is an Indian term. Originates from “madrasapattanam”.) IInd Phase of administration of Justice 21/02/13 The first point to note is that from this phase onwards the English governor-Generals could give judgments on Indians living under their jurisdiction: both territorial and the work related. Thus showing their territorial ambitions. Madras was raised from an agency to a presidency in 1665. In this period, the British showed little knowledge of the entire legal process that they inherited in India. As a result, the administration of justice was tortuous in nature in its initial stages. As a reformed measure, the High Court of Judicature was established in Madras. The local or the indigenous courts, called Choultry Courts was reorganised and company servants were placed in it. These Indian courts were made the basic unit of justice system in Madras with the governor right on top. So in the second phase of administration of justice in Madras, the British demonstrated a willingness to come to terms with the legal apparatus that they had inherited from their predecessors in India. 22.2.13 IIIrd Phase of Administration Admiralty Court: They were established to try maritime cases. Crimes committed on the high seas were dealt with in these courts. Unauthorised trade and tariff were also tried in the admiralty court. This was established under a Charter of 1683. Two merchants of a company were appointed to this court. They had to be learned in the civil laws as well.  Powers of Admiralty Court 1. Admiralty Court was to hear and determine all cases – both mercantile and maritime in nature.  2. By a Charter of 1686 the differences b/w civil and common law were clearly laid. Civil lawyers were sent to the admiralty court. Civil law is the laws of other countries other than Britain. This court was founded on the basis of an International Charter rather than common law. This shows that right from the beginning from the introduction of western laws in India, which were sought to be super imposed on Hindu and Muslim Laws we didn’t only have only common law. India wasn’t governed judicially by English common law but also by European Laws that were applied to all maritime or naval matters. Admiralty Court had members of three civil servants who were members of the Governor Generals’ Council. A Law Marshall was also appointed to this court.  3. The admirality court soon became a general court which used the jury to try all criminal cases.  4. The regular sittings of the admiralty court were discontinued from 1704. It was convened occasionally thereafter.  Mayor’s Court The Mayors Court was established in 1688. It was part of the Madras Co-operation. This Court was meant to deal with the excessive arrogance of the Royal Charter.  Factors for the Establishment fo the Mayors’ Court Mayor’s Court was set up to cope with the burst in the demographics of Maras – growth in the population of the Presidency. Meant to replicate the Dutch model of legal governance.  Civil law more than common law has a greater role to play in management of this field. Bulk of colonial law influenced by common law but pockets are influenced by civil law.  It was also established for the sake of collection of taxes – such as house tax, as it was located within the corporation. It was meant to facilitate welfare work in Madras City.  Administrative Structure of Mayor’s Court There was one mayor, 12 Alderman and 120 Burgher (common man – mercantile people – those who live within a market and carry out mercantile activities) Mayor held office for one year and was appointed for one year in the Court and was elected by the Aldermen and Burgher.  The Aldermen held office for life or for the period they were in Madras. They could be removed by the Mayor. (MP Jains’ Book)  Of the 12 Alderman – three were to be appointed from the civil servants of the Company and the rest from other nationalities. There was a recorder of the court who was appointed.  Conclusion In conclusion, these two courts were meant to improve the polity in Madras and centralise the judiciary and re-organize it as well. The Choultry Courts were now regulated to try petty offences. The Indian laws were sought to be relegated to the margins of law making in India. Administration of Justice in Bombay 25 February 2013 11:53 History of Bombay The name was given to the city by the Portuguese, unlike Madras. Bombay was transferred by Charles the IInd to the Company for a annual rent of 10 pounds in those days. Under the Charter Act of 1668, the Company was granted full powers of administration of justice. The Company under the provisions of this Charter could set up its own courts. Towards the beginning, the technicalities of the English laws were not sought to applied to the administration of justice in Bombay. It was also very evident that the interests of the mixed communities were not protected under the provisions of the Charter of 1668. The company servants were entrusted with civil and military powers that sought to covertly transfer a training unit in to a territorial entity. In the period before the first phase could commence, the Company servants in servants, even if covertly, were showing a willingness to exercise their political authorities over the region.  Ist Phase of Administration of Justice in Bombay This period stretched from 1668 to 1683. In this period, the deputy governor and his council administered justice in Bombay. The governor sat in Surat so the power rested in Surat initially. In 1670, the British sought to modernise the legal system. Bombay was divided into two zones which were: 1st zone: Bombay, mazagaon and girgaon. 2nd zone included: Mahim, Parel, Saion and Worli. Each division had 5 judges who were mostly English. The deputy governor and his council formed a separate court which had appellate powers and original jurisdiction. Trials were held with the help of a jury. Under a proclamation of August 1st, 1672, a court of conscience was set up. This was meant to try civil, criminal, probate and testamentary cases. Justices of peace were appointed. Feb 28 • The third phase of administration of Justice in Bombay began in 1718 and ended in 1726 In this period we find that the court system in Bombay was regularized and estd. Justice was being re-introduced in Bombay after a hiatus of 30 years. Naturally, the application of English law there was all the more pronounced and represented not only will of the people .The newly estd court consisted of one Chief Justice and 9 other judges, drawn from the Hindus, the muslims, the parsis and the portugese. Now, the British realized the necessity to make the justice system more inclusive in nature. The political administrators were also company servants, who were mindful of the castes, the customs and the laws of the Indian people. So, in the third phase, the British demonstrated a willingness to address the grievances of the indigenous population. This was also the period when the Mughal Empire was beginning to show cracks. Aurangzeb had already died in 1707 and the long 150 years or so of the later Mughals had just commenced. So, the nature of justice in the third phase revealed British willingness to come to terms with their heightened sense of political responsibility in India. On the functional side, the newly estd court handled the registration of sale of immovable property as well as judgments on probate and the administration of estates.  Appeals from this court went to the governor and his council. There was no jury at this stage. The court enjoyed wide powers of the execution of its decrees. • The court had English judges at the top. Indians were appointed as the successors. Quorum was formed by only the English judges. The Indian asessors were appointed mainly to assist their English superiors in understanding the customs and culture of Indians. The court met once a week. It dealt with civil, criminal, military and prerogative cases. This was a fast track court where the proceedings were quick and relatively inexpensive. However, justice was given in a rough and ready manner because technical rules were not followed. There were no lawyers, no courts and no law books.  • The work of the courts reveals a pre-occupation of the judges with Criminal law. Punishment became quite harsh. Imprisonments were indefinite i.e. during the pleasure of the judges. The nature of the English law as applied on the ground in this period reveals a closeness to common law and other Indian laws, at least in terms of the severity of the punishment. So, in the initial phases of the introduction of English law in India, especially in the case of Bombay, we find that the colonial lawmakers were ready to adapt their laws to the exigencies on the ground. Law making under the British was based on multiple legal systems and cultures. The two major strands of which were: Hindu and Muslim law. • Another charge which was leveled a/g colonial lawmakers in Bombay was the existence of Nepotism in the judicial system. Judges took the cases that included their names. The executive was stronger than the judiciary. The Bombay council tended to control this court. Some members of the council even sat as judges and heard appeals. Judicial Plan of 1772 05 March 2013 The judicial plan of 1772 will be remembered for laying the foundation of the adalat system in India. This new adalat system remained in force until 1793 when Justice came under the revenue department. The adalats had under their jurisdiction, those living outside the boundaries of the 3 presidency towns and were directly controlled by the company's government. So the adalats dealt with the Company's Indian subjects.  The structure of the adalats was as follows: The adalats were divided as Mofussil and Sadar adalats. The mofussil was divided into two: Mofussil Diwani and Mofussil Nizamat or Faujdari. The Sadar adalat was divided into two: Sadar Diwani and Sadar Nizamal/Fauzdari.  Mofussil Diwani: The collector was the judge in this court. He decided all civil cases related to property matters, inheritance, marriage, debts, disputes, contracts, partnerships, demands of rents, etc. In the Mofussil Diwani adalat, both Hindu and Muslim laws was followed. There was a native law officer who assisted the judge collector.  Mofussil Nizamat/ Fauzdari: Each district had a Fauzdari adalat which tried all types of cases. The law officers who were appointed to the adalats were the qazis, muftis and the maulvis. The Maulvis handled criminal cases, the qazis and muftis ordered fatwas and gave judgement. The Collector had general supervisory powers. He ensured that all witnesses were heard and the cases were tried regularly and impartially. The Mofussil Fauzdari adalat didn't have power to give capital punishment or forfeit property.  Sadar Diwani: Adalats at the centre of the district. In the adalat, appeals from the mofussil diwani adalat were heard. They heard appeals from Mofussil Diwani adalat. It first sat in 1773. Appeals were to filled within 2 months of the decree passed in Mofussil adalat. This adalat consisted of a governor and the members of his councils. 2 members were to sit with the Governor. In the absense of the Governor, a third member would sit in the council.  Sadar Fauzdari: This is had an Indian judge called Daroga-i-adalat who was assisted by a chief qazi, chief mufti and 3 maulvis, all appointed by the Nawab in Mushidabad. The function of this adalat was to revive the proceeding of the Mufissil Nizamat adalat. It could give capital punishment and orders for the seizure of property. The death warrant was to be signed by the nawab. The governor and the council had supervisory power. This adalat was theoretically supposed to keep corruption under check.  Small Causes Courts: Small cases were heard in this court. Head-farmer of the Pargana used to decide dispute upto 10 Rs in those days. It was supposed to give inexpensive justice. It was to be located in the remotest corner of the province to make justice available to the justice. 7th March-LH Regulating Act of 1773 establishment of the Court at Calcutta The British when they came to India gave us a new legal system based on both Hindu and Muslim laws which sought to replace the pre-colonial modes of governance. The assumption in colonial legal circles was that this new judicial system was going to introduce modernity and progress in India. Yet, the new legal system that the British brought in the late 18th and early 19th century was a historical, demonstrating an unwillingness of the colonial admin to adapt themselves and their laws to the indigenous legal system. A slew of acts and reforms were passed in the 18th century that sought to reorganize the legal system in order to make more adaptable and accessible to the newly emerging commercial classes that were taking to education as well. Some of these acts such as the regulating act of 1773 were meant to bring in a measure of law and order in India at a time when the company was charged with having brought in a state of anarchy in the country. The regulating act of 1773 was meant to check the prevailing condition of anarchy in Bengal which had previously lead to the depletion of the material resources of the company. The company needed a loan from the British govt. for which a select and secret committee was appointed to probe into malpractices of the co. servants. Condemning the level of corruption within the ranks of the co., the committee recommended the establishment of the supremacy of parliament over the company. Parliament enacted the 1773 act. There were a no. of measures instituted by the act to ensure the smooth running of the admin of the co.  a) The constitution of the co, was modified to bring the co. under the spear of the parliament and the govt.  b) The Calcutta govt. was now reorganized. c) Provisions were written up for the establishment of the SC of Calcutta.  d) The supremacy of the Royal Charter was now replaced by the Act of 1773 e) The charters of the co. were now to be renewed every 20 years. This meant that from 1773 to 1853, the co. was given a new lease of life every 20 years Objective of the provisions It was meant to ensure the better management of the co.'s affairs in India and Europe. The provisions were used to bring three major changes in the working of the EIC: 1) The term of the director was raised from 1 to 4 years. 1/4th of the directors were now elected annually on a rotatory basis so that they could maintain continuity in the work 2) The working powers of the co. shareholders were now restricted in order to stop the small shareholders from buying power 3) The directors were now instructed to lay before the treasury all their correspondences with India. They were now made answerable to the Secretary of State for India on all civil and military matters The Calcutta govt. was reorganized. A governor general an council was appointed. The council had 4 members who had military and civil powers. Warren Hastings became the governor general. Bombay and Madras were placed under Bengal, although Madras and Bombay were brought under only on paper. The regulating act introduced administration centralization. 8 march Supreme Court of Calcutta (Beginning of European courts in India- first two courts to be setup in India were the Mehez and admiralty courts, in the corporation, in Madras and Calcutta in the early 18th century. After this came the Adalats. The establishment of courts in India can be traced to 1770s.) • The SC was estd as an effective judicial tribunal. This was setup by a royal charter of the Crown. It had the backing of the Crown. There was one chief justice and 3 judges. These judges all were appointed by the Crown. The judge of the SC of Calcutta had to be a barrister for at least 5 years. The SC was a court of record which dealt with civil, criminal admiralty and ecclesiastical jurisdiction. There was a grand jury and a petty jury. All members of these juries were British residents of Calcutta. The jurisdiction of the SC extended over everybody in the Bengal presidency which included Bengal, Bihar, Orissa and Assam. The governor general was not brought under the jurisdiction of the SC except for treason and felony. A case from the SC in Calcutta went up to the Privy Council. Justices of peace were appointed to the SC. • LEGISLATIVE POWERS OF THE SC of Calcutta: the regulating act gave legislative powers to the SC to make rules, regulations and ordinances within the precincts of Fort Wiilliam. There were certain restrictions on legislative powers: 1. The rules framed were not to be repugnant to the law of England 2. The rules that were framed had to be reasonable. Penalties for breaches also had to be reasonable. 3. The rules were not to be made effective until they were published and registered by the SC. • Persons living in India could appeal a/g such rules within 60 days of their registration. Copies of all such rules had to be sent to the secretary of state in England. The power of veto over legislations had been granted under the charter of 1776 to the company director. These powers were now transferred to the Sc and then to the privy council. This measure was adopted to ensure that no legislation affected the Imperial interests. • The new legislations were meant to bypass the authority of the director, who had until then displayed an unwillingness to speed up the judicial proceeding. The SC was expected to act as a check on the possible occurrence of hasty legislation. 12/3/13 Miscellaneous powers of the SC of Calcutta: The provisions sought to bring all high officers including the governor general under the SC. These powers were meant to reign in the high level of corruption in the ranks of the company as well as the judiciary.  Merits: 1) The SC charter was reformative in comparison to 1753 charter. It introduced the profession of lawyers. The judges were given tenures and it was free from the pernicious influence of co. servants for the time being. The independence of the judiciary was advocated by the charter. The area of jurisdiction of the charter was quite large. It included the Diwani lands 2) The SC was both a court of law and equity. It had the advantage of being a single court. It combined ecclesiastical and admiralty jurisdiction. It was clearly an improvement on the English legal system and was a precursor to Judicature act of 1873 by which courts were merged. The charter gave the court the authority to control all company affairs including the servants. Demerits: 1) The relationship between the court and the council was not a easy one. This was due to the ambiguities in the provisions of the regulating act and the SC charter. Sudden divorce between executive and judiciary 2) There was a lack of clarity regarding jurisdiction over Bengal and Calcutta. The Act was clear about Calcutta but not Bengal. The Governor General legislative powers were not clearly defined. Act was obscure and vague 3) The co. servants also took care to limit the authorities of the SC. The admin of the province as well as of the court was not according to the rule of law. There was conflict between GG and the court. Court could not control private traders. Co. questioned court's right to judge its affairs. Not clear who handles revenue collection. Co. remained all powerful controlling the administration and the army. SC controlled only judiciary. Admin of province nearly broke down. There was a threat to the SC authority. SC was excessively pedantic and technical. Its liberal outlook was disliked by the co. servants The SC powers remained undefined. Could the court consider the co.'s executive acts was not fully answered. Were the council answerable individually collectively or at all was also asked. There were two sources of power within the judiciary. Parallel sources of power. There were conflicts. The relationship between the two was not fully defined. The powers of the SC judges were a-obscure. The judges could issue writs (the FR writs :P) but it was not clearly stated who was included under their jurisdiction. To whom could be the writs be issued? Could Habeas Corpus writs be issued to revenue officers? Could they be issued in the adalats?  4) The SC charter proved to be a threat to indigenous mode of lifestyle. Considered threat to Indian traditions and cultures. Indians opposed it vehemently. The court was considered to be a foreign body and was a threat to Indian nationality. Only barristers trained in England could be appointed to the court. The proceedings were too expensive. The court was in Calcutta, which made it inaccessible to people from remote corners. That it was an English court was evident because of its closeness to the mayor's court. March 14 Between 1772 and 1853, there were a series of reforms wherein several governor generals attempted to establish power. Charter Acts of 1833 and 1853 • Under the Charter Act of 1833, the company was to retain its territorial positions in India for another 20 years. Every 20 years, these charter acts were renewed. This act estd the all India legislature with general and wide powers of legislation. Now, for the first time, the governor general in Calcutta became the governor general of India. This act succeeded in centralizing the law by introducing a law member in the governor general's council and also by abolishing the right to legislate by regulation in the provinces. This act also estd the first law commission in India. The commission was empowered to enquire into the existing laws. The law member of the governor general's council presided over the affairs of the commission. The act also stated that the laws as being applicable to all the classes should be enacted. The commission also dealt with all matters related to judicial establishment and the police. This act was indeed inclined towards the interests of the common man by making justice accessible to the smaller towns and cities in the sub-continent. March 15 The Charter Act of 1853: • The charter act of 1853 was aimed at continuing with the process of the codification of the laws in India. At a time when the Parliament was considering the renewal of the company's charter, the charter act came as confirmation of the urgent necessity to codify common law in India. by this time, the first law commission setup in 1833 had become completely defunct. The provisions of the charter act of 1853 suggested modifications in the legislative arrangements installed by the earlier charter of 1833. Under the first charter act of 1833, the law member could sit in the governor general's council only as a law maker and a regulation maker. Now, the law member became a full fledged member of the governor general's council. He could now sit in the executive meeting of the council. • The composition of the council was also altered by the act of 1853. The number of the members of the council increased under the provisions of this charter. The increase in the number of members meant that the governor general's council also became a legislative council. It centralized the whole legislative power and authority of the governor general and the members of the council. The governor general's legislative powers were geared towards the need of not only the Bengal presidency but also Bombay and Madras. In this sense, the act of 1853 was an improvement on the act of 1833, which was primarily concerned with law and order in Bengal. It was felt that a small body comprising of a governor general and four members would not be powerful enough to look after the vast territories of Bengal, Bombay and Madras. This was the perception of Sir Charles Wood, the secretary of state for India. As a result, a new state of rules were framed to better manage the affairs in India: a. One member each from the three presidencies working for the company for at least 10 years was to be appointed to the governor general's council from time to time. The presidencies were placed under Lieu ant governor.  b. The chief justice of the supreme court was to be appointed to the governor general's council. c. One judge of the SC named by the governor general was also to be place on the council. d. The court of directors could direct the governor general to appoint two more persons to the council who had been working for the council for 10 years. The charter act was aimed at co-opting the company's officials into the work of the government to curb the nefarious activities of the company's servants. • The act of 1853 succeeded in differentiating and bringing in sharper focus the differences b/w legislative council and the executive council. The legislative counselors were given more power than being enjoyed by them earlier. Now a counselor could propose any law which he thought was necessary. The counselor could also influence the proceedings of the council and vote on any subject discussed in it. The legislative counselors became more powerful than even the law commission. The governor general now had the power to validate every action of the council. The sittings of the legislative council were made public and the proceedings of the meetings were published. • The act of 1853 appointed a new law commission. This commission was to sit in England and not in India. Section 28 of the charter recommended wide ranging changes in the judicial procedure and the establishment of law. Under the authority of her majesty the Queen, the charter act could review the work of the law commission. It could also report the views and assessment to her majesty. The report had to be sent within 3 years of the passing of the act i.e. by 1856. So the term of the law commission was fixed at 3 years. However, under these new provisions, too much of importance was accorded to the English lawyers. Legal system was cutoff from the Indians. This was partly due to the narrow vision of the first law commission of Thomas McCaulay.