DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

HISTORY PROJECT WORK

TOPIC- JUDICIAL SYSTEM IN PRE-MUGHAL PERIOD

SUBMITTED BY- ALOK RAO SUBMITTED TO-

ENROLLMENT NUMBER- 190101015 DR. VANDANA SINGH

ACADEMIC YEAR
2019-2020
 ACKNOWLEDGEMENT
This project’s topic (Judicial System in Pre-Mughal period) has been allotted to me by
professor of History Subject, Dr. Vandana Singh. She has guided me about my topic
throughout, she has even guided me through the approach of the project mainly to its format,
content holding. This very project and selection of the topic has been done by me in her
esteemed guidance, I am thankful to her for the suggestions and guidance that she has gave to
me throughout while I was researching and compiling my project.
 CONTENTS

INTRODUCTION ..................................................................................................................... 1

CONCEPT OF JUSTICE IN PRE-MUGHAL PERIOD ......... Error! Bookmark not defined.

ECONOMIC HISTORY IN RIG VEDIC PERIOD ................ Error! Bookmark not defined.

MAURYAN EMPIRE ............................................................. Error! Bookmark not defined.

ECONOMY IN GUPTAS ....................................................... Error! Bookmark not defined.

CONCLUSION ........................................................................ Error! Bookmark not defined.

BIBLIOGRAPHY .................................................................................................................... 10
 INTRODUCTION
During the Pre-Mughal period, that is the Delhi-Sultanate and the Sher-Shah Period, which was
very important to understand the justice system in the period for various reasons-----. First, the
rulers were Muslims and subjects were mostly Hindus or non-Muslims, Second, most of the
rulers belonged to the Sunni Sect of Islam. So, what was the treatment of the rulers to the non-
Muslims or to the other sect of Muslims? Third, what was the Pattern of Muslim laws in the
Period or was it Possible to apply the Muslim law in that period in the form of Islamic Laws or
were there some limitations? What was the administration of justice in Pre-Mughal Period? Or,
were the pre-Mughal rulers able to implement or retain the same officials who were in the
Islamic world? Did the state follow strictly the Islamic law, or did they have their own laws?
As we know that in the Islamic world, the Caliph was the head of the state administrative
functions and whenever there was a Muslim ruler, the Caliph was the head of all the Muslim
rulers but in India, Caliph was the head of administration in a theoretical sense or for getting
legitimacy. He was not real ruler in pre-Mughal Period, the Sultan was the fountain head of
justice or all administration. I. H. Qureshi points out that the Sultan as the chief enforcer of the
law and head of the state exercised three functions which concerned the administration of
justice in several respects.

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 CONCEPT OF JUSTICE IN PRE-MUGHAL PERIOD
Ziauddin Barani points out that "Justice is Scales where individual wrongdoings or good doings
were weighted. Justice differentiates between wrong and right. Justice exposes some body's
cruelty, terrorism, stealing and snatching. Therefore, without justice, man's life cannot be
stable. Any religion which is established by God, cannot be alive without justice. Ancient and
Modem philosopher has told that "Religion and justice were twin children" because justice
gives punishment to cruel, thieves, revolters and protects weaker sections, obtainers, helpless,
child, women and property of friends. Justice is a base of social organisation and civil rights.
And this can be implemented through a strong ruler ... If there is no justice, none of the Persons
will help or protect each other.1 He also says in following words about justice2; Barani declares
justice as the chief pillar on which the super structure of an ideal should be raised. In his ideal
ruler this quality should be embedded in his person through and through. Religion and justice
are twins. Justice forms the cornerstone of rulership. An hour of justice is considered by him
better than seventy years of religious devotion. The king must possess an inherent or innate
quality of justice so that he discharges the obligations of rulership rightly. Acquired justice
cannot give him such a judicious bent of mind and personality. Justice constitutes the balancing
wheel through which virtue and vice, right and wrong can be measured. Stability and prosperity
in the affairs of seventy-two communities, meaning mean in general, are truly achieved only
when justice with its full radiance prevails in the realm. The quote of Barani: 'If there is no
justice in the world, the sons of Adam will not be table to drink tehri goblet of water in peaceful
seclusion. Nor will they be able to stretch their legs in peace and contentment.' God Almighty
has created kings and entrusted to them His authority and majesty so that they dispense justice.
Extreme conduct has been forbidden by scholars in all other activities of life with the notable
exception of justice. Men are instructed by these literati to resort to middle course in their
conduct of life but in case of justice they have been particularly exhorted to strive their utmost
to dispense justice. The status of a 'just king is next to that of a prophet.' The term justice has
been defined by Barani as the "putting of two litigants on par and maintain equality between
them." The king is strictly warned against partiuality in lawsuits. Personal and political
considerations should not disfigure and discolour his 'perfect justice'. He quotes anecdotes
regarding the ideal justice of Caliph Umar Khattab and Sultan Mahmud, his eponymous hero.
Among non-Muslim rulers he praises particularly Anusherwan the Just, the Sessanian emperor
for his proverbial justice.3 The generality of medieval Muslim writers on politics and
government give similar importance to justice in human affairs. lbn-i-ABir Rabi for example
defines justice as the condition of the correctness of the locus of all actions and bases it upon

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the happy means between the rational and the animal faculty in man. Farabi, Ghazzali, mawardi
and the rest, clearly specify that God Almighty loves those kings, who treat His people with
justice and kindness. Justice to all of them is the fundamental justification and kindness. Justice
to all of them is the fundamental justification and first condition of rulership. An unjust ruler
on the Day of Reckoning will find no shelter and he will be deemed as the 'shadow Satan.' If
even a frail old woman retires to bed hungry, God will hold the ruler responsible for her
suffering. So virtuous kings treat dispensation of justice as a very binding and lofty
responsibility. Comparing Barani's concept of justice with the modern concepts of rule of law
and socialistic justice, naturally, a bog variation is noticeable. As a creature of medieval
environment, he grades men into several ranks and then fixes their status in the eyes of law.
Equality of status and opportunity are conditioned by religious, social and birth factors. But
among people of the same rank of course equality has to be sought. Moreover, justice stands
for royal compassion, kindness, forgiveness and mercy. The king should see that his officers
do not embezzle public money, charge excessive taxes, and the subjects eat and recline in
peace.

MAURYAN EMIPRE
The Indian economy had gone into a vast change during the Mauryan Empire (321 - 185 B.C.).
The Arthasastra, (Science of State) was written by Chanakya an advisor to Chandragupta
Maurya, the most successful ruler in Maurya dynasty, described the detailed ancient textual
description of economics, political and administration. It contains the information and
knowledge of how to expand and maintain powers, administer an empire and obtain material
gain. It also contains rules regarding the governing of an empire both theory and
implementation. It was at that time India was unified under one ruler. The improved
infrastructure security and usage of coins was increased which enhanced trade. Building of
roads, throughout India flourishes the transporting business. Trade route became secured,
which reduced the risk associated with the transportation of goods.

Several centuries later, the Maurya Empire, economic situation was compared with the Roman
Empire. They shared extensive trade connections, and organizations similar to corporations.
Roma had public organistional entities; while Mauryas had numerous private commercial
organizations.1 Maurya’s had the organizational entities like sreni, while Romans had

1
Majumder, R.C, The History & Culture of the Indian People, pp-671-683, Bharatiya Vidya Bhavan, 1974,
Bombay

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prevented such entities from developing. The belief that India had never been an industrial
country is incorrect It was true that agriculture was the dominant occupation of her people, but
the products of Indian industries enjoyed worldwide reputation. India exports several
manufactural goods like Muslim of Dacca, Calicos of Bengal, Shawls of Kashmir, Sarees of
Benaras, Steel and iron, silk and other agricultural product like pepper, cinnamon, opium and
indigo, along with textile and handicrafts goods to 38 Europe, Middle East and South East
Asian countries, in return for which they import gold and silver. Indian Muslim was used in
Egypt to wrapped the mummies at 2000 B.C. India was also quiet well known for her artistic
industries like marble-work, stone, carving, jewelers, brasscopper, bell-metal wares, wood-
carving etc. T.N.Mukheijee wrote, “A piece of ofthe muslin 20 yards long and one yard wide
could be to pass through a finger ring and required six months to manufacture.”2 India had the
world’s largest economy in the 1st century and 11th century which was mentioned by an
economic historian Angus Maddison in his book, “The World Economy; A Millennial
Perspective”. The percentage of growth defined, with 32.9% in the 1st century to 28.9% in the
1000 century and in 17 AD with 24.5%.13 Many historians criticized this account, which was
based on controversial assumptions. At a time when the West Europe, the birthplace of the
modem industrial system, was inhabited by uncivilized tribes, India was famous for the wealth
of her rulers and for the height artistic skill of craftsman. And, even at a much later period,
when merchant adventures from the west made their first appearance in India, the industrial
development of this country was at any rate, not inferior to that of the more advanced European
nations.

2
Gadgil,D.R,The Industrial Evolution Of India In Recent Times,p-34

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 ECONOMY IN GUPTAS
The social supremacy of the brahmans is also reflected in the economy of the period, as attested
by the frequency of tax-free land-grants made to them. This was a period of partial decline in
trade and consequently a greater concentration on land. There were four categories of land –
fallow and waste land, state-owned land and privately owned land. Agriculture expanded with
the reclamation of new land for cultivation. Contemporary texts reveal a more liberal and
practical attitude towards waste land, with the state encouraging the peasantry to bring
uncultivated and forest land under the plough. Those who reclaimed land on their own initiative
and made arrangements for its irrigation were exempted from paying taxes until they started
earning an income of twice their original investment.3

Inscriptions of the Gupta period repeatedly mention the sale and purchase of waste land, which
indicates that such transactions were financially profitable. The state actively patronized
agricultural activity. This is suggested by the Junagadh inscription of Skandagupta, which
records work on Lake Sudarsana at Girnar under state supervision, presumably for irrigational
purposes. Kalidasa describes agriculture and animal husbandry as the mainstay of the royal

3
Chandrakar, C.K., Social and Economic history of Ancient India,p-257

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exchequer, since the major portion of revenue came from the land, at one-sixth of the net
produce.

Agricultural implements remained much the same, although iron was more widely used for
their manufacture. Varhamihira, in his astrological work, the Birhat-samhita¯, refers to an
instrument for measuring rainfall. Crops were grown twice a year. According to Hsüantsang,
sugar cane and wheat were grown in the north-west and rice in Magadha and further east.
Southern India was known for black pepper and spices. The Amarakos , the Sanskrit lexicon
belonging to this period, also refers to a large variety of fruit and vegetables. Despite overall
growth, however, brahmanical and Buddhist religious injunctions were not conducive to the
expansion of agriculture. The Birhat-samhita was unwilling to respect the income derived from
agriculture and cultivation was prohibited for the Buddhist monks. The manufacture of textiles
of various kinds was one of the more important industries at this time. There was a vast
domestic market, since textiles were a prime item of trade between northern and southern India.
There was also a considerable demand in foreign markets. Silk, muslin, calico, linen, wool and
cotton were produced in great quantity. The production of silk decreased towards the end of
the Gupta period since many members of an important guild of silver-weavers in western India
abandoned their traditional occupation and took to other professions. This might have been due
to the increasing use of the Silk Route and the Sea Route to China, which brought a large
amount of Chinese silk to India or, more generally, to the decline in trade with the West.
Metalwork, particularly in copper, iron and lead, continued as one of the essential industries.
The use of bronze increased and gold and silver ornaments were in constant demand. We have
little clue as to the sources of the abundant supply of metals in the Gupta period and it seems
that copper, lead and tin had to be imported from abroad. Gold may have been obtained from
the Byzantine Empire in exchange for Indian products, although Hsüan-tsang mentions that it
was also produced indigenously in huge quantities. The working of precious stones continued
to maintain its high standard. Pottery remained a basic part of industrial production, although
the elegant black polished ware of earlier times was now replaced by an ordinary red ware with
a brownish slip.

The guild was the major institution in the manufacture of goods and in commercial enterprise.
Some historians believe that the importance of the guilds declined in the Gupta period. India
no longer participated in the long-distance trade in luxury goods.4 Instead a new kind of

4
Chandrakar, C.K., Social and Economic history of Ancient India,p-258

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commercial network emerged on regional lines, based on the exchange of articles in daily use.
In these changed circumstances, the powerful guilds of the earlier times disintegrated.
Contemporary sources, particularly the seals found at Vaisali and Bhita, suggest nevertheless
that both the activities and the significance of the guild remained during this period. Guilds
sometimes acted as bankers and loaned money on interest, as did some of the Buddhist san.
ghas (communities). The rate of interest varied according to the purpose for which money was
required. The lowering of the interest rate implies an increased confidence in overseas trade as
well as a greater availability of goods and the consequent decrease in profit margins.

Trade between northern India and South-East Asia was conducted through the ports of the east
coast. The west coast ports served as the link in India’s trade contacts with the Mediterranean
region and Western Asia. Several inland routes connected India with China through Central
Asia and Tokharistan and across the Karakorum range and Kashmir. The most important event
in the economic history of East and South-East Asia during this period was the development
of an inter-oceanic trade, reaching from China through Indonesia and the east coast of India up
to Simhala and extending from there along the west Indian coast to Persia, Arabia and Ethiopia.
Despite commercial competition between China and India, the two countries maintained close
links. Coins of the T’ang emperors of China have been discovered in southern India and Indian
merchants resided in Canton. Still more far-reaching in their consequences were India’s trade
contacts with South-East Asia, leading to Indian settlements there and an Indian influence that
permeated the local pattern of life, particularly in Thailand, Cambodia and Java.

The export of spices, pepper, sandalwood, pearls, precious stones, perfumes, indigo and herbs
continued as before. Pepper was exported from the ports of the Malabar coast and sesame,
copper and cotton garments from Kalyana. The Pandya area had an important role to play in
the pearl trade. The commodities that were now being imported to India, however, differed
from those in earlier times. Chinese silk came in greater quantity, as did ivory from Ethiopia.
Imports of horses from Arabia, Iran and Tokharistan also increased. Copper came from the
western Mediterranean region and sapphire from Simhala. The Gupta king issued special
charters to merchants’ organizations which relieved them of government interference. Since
this was the time when the law-makers declared it a great sin for a brahman to travel by sea,
this may have resulted in reduced Indian participation in maritime trade.

Some historians have characterized the socio-economic developments of the Gupta period in
terms of feudalism. They argue that although there had been a long tradition of donating land

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to the brahmans, the number of such donations greatly increased in the Gupta period. Villages
along with their inhabitants, revenue due to the king, administrative and judicial rights,
exemption from the interference of government officials, and even the right to enjoy fines
levied on cultivators, were all transferred to the religious beneficiaries. What began as grants
to the priestly class were later extended to administrative officials. With the emergence of a
local, self-sufficient economy, religious donations as well as land-grants to secular officials
(either in lieu of salary or as a reward for services) became popular. The principal
characteristics of this selfsufficient economy were the decline of trade and urban centres and a
scarcity of coinage. Thus from the economic point of view, the central feature of Indian
feudalism was the emergence of landed intermediaries. As a result, the freedom of the
peasantry was curtailed, their mobility was restricted and they were forced to serve as unpaid
labour.

Those historians who do not subscribe to this view have challenged the premises of Indian
feudalism. They argue that during the Gupta period, trade did not decline and the scarcity of
coins was at best marginal. Quantitative analyses of the coinage of this period have still to be
made and the relative scarcity of coins is still merely an assumption. Some of the old-
established towns did lose their importance, but new urban centres emerged to replace them.
Finally, the two indispensable institutions of European feudalism, namely manor and serfdom,
never developed in India. Historians who subscribe to this second view are therefore inclined
to describe the practice of land-grants as nothing but India’s traditional landlordism. The debate
is still to be settled.

The literary records of this period suggest an overall economic prosperity at least among the
upper classes. Fa-hsien describes the people of Madhyadesha (the ‘middle country’) as
prosperous and happy towards the beginning of the fifth century. Evidence of material
conditions obtained from excavations also points to a high standard of living. The prosperous
urban dwellers lived in luxury; and comfort, in the urban centres at least, was not confined to
the upper classes. Yet it was a culture with wide variations. The untouchables lived on the
outskirts of the opulent cities and the peasantry were being gradually impoverished. 5 The
maintenance of an imperial façade was a purposeless expense which must have been a drain
on the economy. Indeed, the debased Later Gupta coinage indicates an economic crisis.

5
Chandrakar, C.K., Social and Economic history of Ancient India,p-258-259

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 CONCLUSION

The economic condition of the pre vedic India was better than the contemporary civilisations
due to the traces of pottery, coins, etc. found during excavation at sites like Lothal, Harappa,
etc. In the pre vedic culture the society got divided in many varnas firstly on the basis of the
occupation followed by the people which later on became one of the most rigid cast system of
the world, but the economy mostly was rural which made Agriculture the occupation of the
masses, concept of village panchayats was also prevalent which made villages a self reliant
identity but all of this was very haphazard and rudimentary in its form.

The Mauryan period marked the renaissance of the centralized economy through proper posts
of administration and officers governed by the supreme head, this also saw one of the greatest
scriptures of economics the Arthshastra whose ideas were used to govern the economy, at this
point in time this was a welfare state in its true sense.

The alleged golden age of history the Gupta period had its flaws the indiscriminate grants of
lands to the upper cast hindu started taking its toll on the state treasury, the coinage system was
also debased which showed the poor state of economy, but everything was not bad in the era

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the cities started coming out which intern became the centre of trade and commerce, the
international trade was at its zenith in this period.

BIBLIOGRAPHY
1. RESEARCH PAPERS
(a) Weber Max, The Religion Of India: The Sociology of Hinduism and Buddhism.
(b) The Chera Coins, Tamil Arts Academy.
(c) Williamson John and Jhaga Robrto, from The Hindu Rate of Growth to the Hindu
Rate of Reform.
2. BOOKS
(a) Dr. C.K. Chandrakar, Social and Economic History of Ancient India
(b) R.C. Majumder, The History & Culture of India in recent Times.
(c) D.R. Gadgil, The Industrial Evolution of India in Recent Times
(d) Raj Kumar, Glimpses of Indus Valley Civilization
3. Online resources
(a) Shodganga.inflibnet.ac.in.
(b) Nationaljournals.com

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