1.Hypothesis .... 2Research Questions.........cccccssccsesesesvsesesesessecseetseeeseseees 4 3.Research Methodology ........::cccccccseeseesseesseeseseteeseeeseetees 5 A.Objectives ....... eee cece ee rere reese e eter eeeee eed 6 S.Untroduction............ cece cece cece eee e ee neeeeneeeeeeeeeeeeeeeeeeeeenaannes 7 6.Brief introduction of Shivaji Maharaj 7 Judicial institutions -Before the coronation.............0:::ccceecees 9 8.Judicial institutions -After the coronation..................:::ccceee 12 8.Crime and punishment..........cccccssessesses sessessesestessesteseees 18 Q.Conclusion .........ccccecceceseeeesseeeeteeeeeeesseeseteeestteeertaees 23HYPOTHESIS Null Hypothesis : There is difference between judicial system of Shivaji Maharaj , before and after the coronation . Alternate Hypothesis : There is a bit difference between judicial system which was prevailed before the coronation of Shivaji and judicial system after the coronation of Shivaji.1) How has Shivaji’s system of administration retrospectively influenced the legal thinkers and shape the legal system of India today ? (with comparative analysis of time periods ) 2) How was justice administered during the reign of Shivaji Maharaja ? 3) What was the hierarchy of courts prevalent in Maharashtra during the reign of Shivaji Maharaja ? 4) Which changes brought by Shivaji Maharaja in the legal system after his coronation ?RESEARCH METHODOLOGY Exploratory research method : The research conducted involves the exploratory approach towards the legal system of Shivaji Maharaj . The exploratory research study facilitates the better understanding of the problem and the solution of the topic . The main purpose of the exploratory approach is to know the facts of the concerned topic and to understand it . By using secondary sources which were available we gathered the initial data. By comparing the primary and secondary sources which were available and from the administrative letters we explored the legal system which was prevalent during the reign of the great Maratha Emperor Shivaji Maharaj .QBJECTIVES_ 1. To study and comprehend the legal system of the Great Maratha emperor Shivaji Maharaj by tracing the legal institutions and punishments , laws ,etc. 2. To understand the changes initiated by Shivaji by studying the legal systems prevalent before and after the coronation of Shivaji . 3. Understanding the major legal aspects of indigenous empire that have shaped the present day legal system.Shivaji Maharaja is generally known to us because of his courage , bravery and many such stories related to his physical strength . During the independence struggle in India , many leaders like Lokamanya Tilak , Mahatma Gandhi , Pandit Nehru was influenced by Shivaji Maharaj . Even after 350 years of his reign , his influence seems to has not been reduced. Apart from his brave stories , Shivaji introduced many regulations which were drawn from Hindu and Muhammadan predecessors."In the judicial system of Marathas there was interaction between Hindu and Muslim principles on each other and it helps us to understand the present day legal system . As there was no codified law , the system of administration of justice was uncertain and informal. The system during this period was mainly based on the Manu’s Code , Mitakshara as well as old customs. Maratha judges allowed ordeal by water and fire as well . The main thing here is that there was always an attempt to give a suitor every facility for proving his case. There were some provisions of evidence in civil suit too. In this project , we have drawn various concepts which are related with judiciary justice Initially , Shivaji was working under Bijapur dynasty , so we have distinguished the time period into two phases. Additionally to give broader approach , we briefly analysed types of crime and punishment as well as Shivaji’s Ashta Pradhan Council . 2 Surendranath Sen , Administrative System of the Marathas ix (Calouta University Press )SHIVAJI MAHARAJ AND HIS LEGAL SYSTEM Shivaji was born in the year 1630 at Shivneri fort in Pune . His father , Shahaji Bhosale had played a very important part in the politics of Ahmednagar and Bijapur . His mother , Jijabai was the daughter of Lakhuji Jadhav , the greatest Maratha jagirdarChhatrapati Shivaji Bhosale laid the foundation of what came to be known as The Maratha Empire . Shivaji was personally trained by Dadoji Kondadev. The wholesome development of Shivaji’s personality both as a leader and a human being was molded by Saint Ramdas . By using guerrilla warfare he fought against Mughals , Adil Shah of Bijapur and Nizam Shah of Ahmednagar to build the “swaraj” for the people . He introduced many policies which set an example of good governance for the future generations . Shivaji Maharaj was not only famous for his heroic deeds but also for his administrative and legislative abilities . Amidst political intrigue and a chain of skirmishes , Shivaji becomes a leader , a warrior and a tactician par excellence , driven by immense pride and love for his motherland . Shivaji showed his mettle when at the young age of 18 , he overran a number of hill forts near Pune , Rajgarh , Kondana and Torna in the years 1645 - 47 . With the death of his guardian , his father’s jagir passed to him . The growing weakness of the Deccan Sultanates and the prolonged campaigns of the imperialists in the north, greatly favoured the rise of Maratha power . He was the first medieval king who built the navy for the protection from foreign powers . Equality prevailed during the reign of Shivaji Maharaj . He was a fair and just ruler and never differentiated in terms of religion or caste in his army .Everybody was equal irrespective of his caste creed and religion. ‘The rule of Shivaji came to an end with his death in 1680. The Juducial Institutions under Shivaji : To understand the judicial institutions during the reign of Shivaji , it is important to divide this period into two categories : 1) Before the coronation of Shivaji (1650-1674) 2) After the coronation of Shivaji (1674-1680) BEFORE THE CORONATION : During the early period of his life , Shivaji was the administrator of Bijapur Being a jagirdar of Bijapur , he followed the same system of administration which prevailed . In order to understand the set-up of the judicial machinery during the period covered by Shivaji as the administrator of Bijapur , it is necessary to have a brief account of the prevailing administrative units . 1) Adi The administration of Adil Shahi was headed by the Sultan Ali Adil Shah and high officers of the state known as Rakhtakhana.? Rakhtakhana was constituted by Sultan himself, the officers of the state , the Vazirs and Amirs 3 ative Uni The Bijapur dyanasty was divided into administrative divisions from the central machinery to the local administrative divisions. Central administrative machinery : It consisted important officers of the state . The wakil and Peshwa , Wazir , Amir-I-jumala, were the part of central administrative macinery . Sarshiledar , Sar-I-naubats of the left and right wing , 2 Krushnaji Anant Sabhasad , Sabhasad Bakhar , PN3Amir-ul-Umara , the chief Naikwadi and Chitanis were also connected with central administration’ but simultaneously they were also part of the local administrative authority . Sometimes they were referred as Majilis of a Mahzar under the title of Diwan or Rajmudra . Local adi rat machinery : For the efficient administration , Bijapur dynasty was divided into Atraf (provinces ) . The provinces were entrusted to a governor which were responsible to the Sultan 5 Muhammad Shah I assigned the governors as Tarafdars.° Atraf or provinces were further divided into Parganas or Mamlas (district). A big pargana was further divided into Tarfs or Karyat and Sammat (Taluka) . The village was the last unit of the local administration . Mokadam was the headman of village . 2) Constitution of Courts : In Bijapur dynasty the Sultan , being the head of the state , was the highest judicial authority of the state . Like the administrative divisions , the judicial system was also divided into two parts : 1) Central 2) Local 1) Central : A) Sultan and his royal court : The Sultan was the supreme authority to administer justice in his kingdom . This court consisted several leading officers of the state to hear the cases brought before them . It appears that the royal court frequently used to counsel the main individuals from the network , for example , Shete and Mahajan , while deciding the suits .7 B) The Chief Ju urt : This court was presided over by the Chief Justice. He was known as the Quazi under the Bijapur dynasty . He was appointed by the Sultan and was responsible to him . > Mahomed Kasim Ferishta , Rise of Mahomadan power in India , PN295 bid, p. 299. 2 V.T-Gune , Judicial System ofthe Marathas | PN 14The Vazirs , Amirs , Jagirdars and Mokasdars : Other judicial authorities who were responsible to the central judicial institutions consisted Vazirs and Amirs of the court . They were the judicial heads of their territory and enjoyed both C) original and appellate powers 8 These officers largely used to refer the suits to their own appointees and vary rarely tried by themselves .? Whenever they personally administered justice , they took the help of Majlis .'° 2) Local : A) Tarfdars court: 'arfadr were the head of Atraf or province . They were also the head of the divisions placed under a province .!' They enjoyed highest judicial powers under their territories. B) Majli’s court of the Diwan and Gota : The decision given by the Majlis which consisted the Diwan and Gota , was the accepted method of deciding suits during the period under the review . The administration officers regardless local or central acted intermediaries between the parties in dispute and the Gota . To register the suits , to supervise the proceedings of the Gotsabha , to transfer the suits to the other place were the main judicial functions of the Majli . ©) : Diwan’s court was constituted by the government officers of the Pargana . Important officers of the Pargana were the Quazi , the Mokashi or Havaldar and the Majalasi or Sabhasad . a)Pargana Quazi : The Pargana Quazi was appointed by the Sultan and was responsible to him . He presided over the meetings of the Majilis to settle the disputes . He has the highest civil and judicial authority in his territory. b)Mokashi or havaldar: He was known as the administrative head of the Pargana . They acted as an intermediaries between the parties and the Majilis . c)The Majalasi or Sabhasad : He was the councillor of the Paraganas . There is a possibility that he was the law officer of the Hindus acting on behalf of theSultan . d)The Gota : From the point of judicature , the institution is more important than Diwan . Deshmukh, Deshpande and other watandars and Mirasdars were the part of Gota . D) The Thana or Tarf Majlis of the Diwan and Gota : The Thanedar of Tarf or Taluka was the primary judicial authority of the Taluka . Most of the complaints were brought before him . He used to take help of the local Gota in the Majlis . E)The Village Majlis of the Mokadam and the Gota : It was the last judicial administrative unit . The mokadam and the village Gota were free to administer] justice . AFTER THE CORONATION : during the early part of his life, being a Jagirdar of the Bijapur government administered the country under his jurisdiction through the machinery. He perhaps made certain changes in the existing system after gaining sovereignty . After his coronation in 1674 the administrativeand judicial arrangements which he made were as follows: (i) The Central Administrative Machinery: Rajmandal or the king and his court: The concept of Rajmandal has originated from Rakhtakhana of the pre-Shivaji period. Shivaji as member of the Rakhtakhana of the Bijapur government knew its composition and after coronation scems to made alterations in it as suited his policy of establishing an independent Maratha Raj. He promoted his comrades who previously sat with him in the Rakhtakhana to the ministership and membership of the Rajmandal.THE ICL The chief constituent parts of the Rajmandal were the king and his eight ministers(Ashtapradhan). The private secretaries (Darakdars) of the king acted as the secretaries for the state or the Rajmandal, and even were the part of Majlis which were held to decide important suits, along with the other members of the Rajmandal. Each department was composed of the Rajmandal, large staff of subordinate officers(‘Mutaliqs’ and Dimmat Loka), servants(sevak) and learned people(sabhasads). All the individuals( High command officers, ministers, etc) who formed Rajmandal, were chosen by the king himself and they held their offices during his reign. They were remunerated in form of money and any remuneration through assignments of lands was severly prohibited during the reign of Shivaji. Rajmandal worked in a dual capacity as a council of administrators and as an administration of justice for the king. In the former role, it offered guidance to the king, served as a check to his supreme powers and dealt with the administration of the kingdom. Its members chiefly the ministers and the private secretaries countersigned the orders issued by the state. As a court of law it was styled as the Rajmudra or Rajsabha and formed a permanent body of the Huzur Hazir Majlis (judicial assembly) summoned to decide the suits of high importance. Some of its (Rajmandal) members were in charge of the local administration both monetary and judicial of the districts allotted to them. This Rajmandal can be compared with the 'concilium Regis’ and the 'Curia Regis' ofthe period of Henry III of England. But the only difference was that the ‘Curia Regis’ was not a feudal body of the tenants of chief. (ii) The Local Administrative Machinery: The Divisions of Ministers or Sarsubhas. Shivaji’s control was categorized into two sections , the one which was well defined was divided further into three units for the purpose of administration and each was set under the charge of the Peshwa, the Sachiv and the Mantri respectively. The other was formed of scattered districts. The scattered districts in the south were gathered into discrete subhas and were endowed to Subhedars designated every once in a while. The Prant Raj-mandal: The Sarsubhedars assisted the ministers in the provincial governance. The Sarsubha, was assigned the responsibility of a territory not larger than a modern district or two. His office was called the Prant Rajmandal. He was helped in his work by a Karkun and orders were issued generally by them collectively as "Sarsubha Mahalanihaye va Karkun. (2) The Subha (district): The Sarsubhas were differentiated into Subhas( formed from the territories which generated a revenue of about a lakh or more). The Paragana and Mamas of the Sultanate period were Subhas under the Swaraj. The Diwan-Subha: The head of the Subha was known as the Subhedar and his office was known as Diwan-i-Subha. Mujumdar or Karkun along with the chief looked after the local administration, and the orders which were released were in the name of both the Subhedar or Deshadhikari and the Karkun or Deshakkha. The Gota of a Subha: It was similar that of Paragana Gota of the Sultans of The Subha-Majlis: The administration was same as that of Paragana Majlis.(3) The Tarf, Karyat or Sammat (taluka): The Diwan Thaw the Gota of the Tarf and the Thana-Majli governed the local administration of the Tarf, as under the Sultans of the Deccan. All the officers of the local government, discussed were always subject to transfer from one place to another. A hierarchical structure was established starting from the minister down to the Havaldar of a Tarf or Mahal. All the payments were in terms of money and Mokasa system was abolished. These three things are the significant features of the administration introduced by Shivaji and they led to the consolidation of the kingdom, newly founded. (4) The Village: This was the last administrative unit. The Mokadam and the village Gota were allowed to carry on their tasks to manage village administration as before. This is, in brief, the outline of the administrative machinery founded by Shivaji. The legal system established by Shivaji Maharaj remained unchanged to some extent upto the end of the Maratha empire . The fundamental principles laid down by his system were never followed by his successors with the exception of Sambhaji . Because of the uncommon circumstances wherein Raja Ram got himself , there was need to deviate from the policies made by his father , Shivaji and he again began the system of grants to Mokasa and Mansab which later resulted in the development of feudal system during the reign of Shahu . A Central: (@ The king: Shivaji was coronated in 1674 according to Vedic rituals. As a Hindu King, he became the judicial head of the Maratha state, both for spiritual as well as non-spiritual matters. Nyayadhish or Chief Justice and the Panditrav or Minister for Religion were the two special ministers who would perform these duties. According to the ancient traditions of the Hindus, he used to try suits, with the help of his ministers (the Rajmudra) and others in an open court known as the Dharmasabha (judicialassembly) or Huzur Hazir Majlis, and never heard them alone. He continued the local system of trial by Majlis and often referred to the Gotas, the suits brought to him. The Nyayadhish and the Panditrav: Next to the king came the Nyayadhish and the Panditrav, who were appointed by him and supervised by him. Kanun Jabta lays down the duties of a Nyayadhish as follows : "The Nyayadhish should have jurisdiction over all suits in the kingdom and should try them according to the principles laid down by Dharma (Law). He should add the word 'Sammat (approved) to the judgment-deed. The office of the Nyayadhish (Chief Justice) was purely civil. But the first few of them, Niraji Rauji, Pralhad Niraji, and Honaji Anant were also commanders. Revenue system : ‘Chauth’ and ‘Sardeshmukhi’: Historians differ as to the exact nature of these two taxies levied by Shivaji. According to Ranade, ‘Chauth’ was not merely a military contribution without any moral or legal obligation but a payment in lieu of protection against the invasion of a third power and he compares it with Wellesley’s Subsidiary Alliance System. Sardesai holds that it was a tribute exacted from hostile or conquered territories. JN. Sarkar is of the opinion that Chauth was only a means of buying off one robber and not a subsidiary system for the maintenance of peace and order against all enemies. Thus ‘Chauth’ was a military contribution paid toward off any attack of the Marhatas. It was, in theory, 4 of revenues of the district invaded but in practice it was sometimes much more than that. Sardeshmukhi was an additional tax of 10% which Shivaji claimed as the hereditary Sardeshmukhi or overlord of Maharashtra.During the coronation of Shivaji , eight councils were appointed to assist him and this council is known as Ashta Pradhan Council. This eight ministers had important position in the s 1 2) The Amatya 3) The Waknis 4) The Dabir 5 ate. These eight ministers were The Peshwa The Surnis 6) The Pandit Rao 7) The Senapati 8) The Nyayadhish Here , Nyayadhish stands for the Chief Justice . During his coronation , Niraji Raoji was appointed as the first Chief Justice of Maratha empire . It is discussed 2 that , this council was based on Shukranti ,'? as it provides the seats for priest and chief justice in the council of the king . ime & Punishme From procured evidence we can assume that during the time of Maratha’s, there were often ordered specially for crimes against state Dande (punishment) | 7 Sieindenta ct Goeadin we =—=«CPatale Tajdenle, ‘Brakmadanda —— Gotadanda. (Ott arith. "Chali or (Caste pia ment) spietal punish ‘mest ‘ment or expiation) ® Surendranath Sen , Administration System of the Marathas 44 (Calcutta University Press 1925)‘A royal punishment in which the state has a separate department to control the working of peace and order Deva-Danda (expiation) & Jati-danda (caste-punishment) are religious texts of social punishments which are closely related to each other dand: Petty causes were tried by the Deshamukh and the Deshapande whereas those of greater cause were sent directly to the sultan. Shivaji was known for his stringent punishments for crimes against the state therefore severe punishments such as mutilation of Limbs prevailed rial The local officers, the Subhedars and the Mamatdars made detailed inquiries into the causes brought before them. Petty crimes were tried by themselves, while those of severe offences were reported to the Diwan, after taking down the Jabanis or depositions in writing of the witnesses and the statements of defence by the accused. Then these culprits were punished according to the Diwan. In case of doubt, a committee is set up if necessary. There was no regular trial by a panchayat in criminal cases. The committee members were always servants of the people and never selected form the people. This committee existed only at the Diwan’s will; the culprit had absolutely no power or right to demand such an assembly. Punishment was awarded by the Diwan t: Local officers performed the deed established by their superiors .Punishment for death: tying by the foot of an elephant, branding, blowing from a gun, beheading and so on.When criminals were deprived of limbs, they were left on the spot, however people were not prevented to help them. Such punishments however were quite rare during this period.Pro to compel attendance: the family of the cases wherein the culprit had absconded. In other cases the whole community were held responsible and its Eagan was attached. Appeals: if the culprit thought that injustice was being done to him by a local government, he could bring in his complaint to the Diwan, in such situations the previous decision was revised and a more suitable sentence was passed. Investigation of crimes : The duty was given to the police however special officers were appointed into offences such as sorcery, cow killing and theft when their numbers increase drastically .A Karkun was appointed in cases of special importance to get a thorough investigation. If the offenders were untraceable, the villagers were held responsibel for the recovery of the stolen property, hence it is the duty of the village headman to investigate. The system of flogging to get ions from the convicts were in practice Deva-danda & Jati-Danda After going through the process of royal punishment, an offender had to undergo, in addition, a penance it expiation so as to purge the sin of the crime he committed. This was known as Deva-danda or Prayaschitta. In order to become worthy of a social contract, the offender had to give a dinner which was looked upon as Jati-danda. Only through these three procedures, a man would be free from his offences. Dand: Authorities to administer Dev d_Jati-danda: Class ification of authorities responsible for religious and social punishments are divided in departmentsDepartment of religious and social punishment T | i we State 2-The Bhabha The Jatt (Royal authority) (Popular authority) The state: Whenever cases pertaining to social and religious matters of the Hindus and their caste problems were brought to the local government, the officers either referred them to indigenous authorities such as the Brahmasabha or the Jatisabha or settled them with the help of the Majlis of the Diwan, the Brahmasabha and the Gota. he Brahmasabha and the Dharmadhikari: The office of the Dharmadhikari (Public Censor) was also the head of the Brahmasabha. It was his chief duty to maintain social and religious order amongst the Hindu’s and to order expiations to those who degraded from their castes by violating caste regulations, with the help of the Brahmasabha’s in office. he Jatisabh: The members of the caste were given a right to expel anyone who has disobeyed custom rules and regulations. They would not read it him till he had gone through the penance prescribed for his offence and executed by the Brahmasabha. Thus both the Brahmasabha and the Jatisabha helped maintain and preserve the integrity and essence of religious and social order Sources of Law: The law in that time was not codified therefore , justice was administered with the reference of the sacred books , old customs and previous judicial decisions.is : Smritis were generally considered as the sources of law in the matters of inheritance , partition and divorce and all other personal matters . In the matter of Hindu cases , meetings were generally held by Brahmins. Reference from Mitakshara was quoted mainly while deciding the matter. Tradition and customs : Medieval society in Maharashtra gave more importance to customs and traditions than written law.'? There were different traditions and customs of different castes so they were given decisions by their customs and traditions. 38 V.T.Gune , Judicial System of the Marathas 69 , Deccan College dissertion seriesCONCLUSION Thus , after studying and analysing the judicial system of Shivaji Maharaj during the both time periods , before and after the coronation , The administrative as well as the judicial system was well-organized under the reign of Shivaji Maharaj Everything in the system was nicely categorized. The hierarchy of power was also established. Everyone was allowed to practice his/her own religion and beliefs in his kingdom. Women received a lot of respect and also enjoyed a special status. There were certain laws which protected the women prisoners from death penalty. The famous ‘Ashtapradhan’ system was also introduced by him. Payment of salaries in cash was done abolishing the old system of revenue grants to an extent. Hence, we can conclude that his administrative and judicial system did not really contain any loopholes as such and Maharashtra prospered during his reign. Though unfortunately, his successors did not follow the same system of administration.