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VISHNU.VISWAMBHARAN
S2 MBA (B)
INDIAN JUDCIAL SYSTEM
IN MEDIVIAL INDIA
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SCENERAIO
• Disintegration of the Harshaempire
• Muslim invasion
• Country again divided into smaller
kingdoms
• Standards of ideals of justice were
maintained in spite of politicaldivision .
• Unity of civilization was
preserved.
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SCENERAIO contd…
• These fundamental principleswere applied throughout the
country .
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IMPACT OF MUSLIM RULE
• A NEW RELIGION
• A NEW CIVILIZATION
•
A NEW SOCIAL SYSTEM• PROPHET HIMSELF SET THE
STANDARDS
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IN QURAN
"Justice is the balance of God upon
earth in which things when
weighed are not by a particle less
or more. And He appointed the
balance that he should not
transgress in respect to the
balance; wherefore observe a justweight and diminish not the
balance".
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Administration of justice
• a religious duty – regarded by the
Muslim Kings.
• under the first four Caliphs. The
first Qadi was appointed by the
Caliph Umar who enunciated the
principle that the law was
supreme and that the judge mustnever be subservient to the ruler.
• The Muslim kings in India bought
with them these high ideals.
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Administration of justice
contd…
• The Muslim kings in India bought
with them these high ideals.
• regarded justice as the keystone
of sovereignty "wherein lay the
strength of the sovereign to wipe
out the oppression“.
• unfortunately the administration
of justice under the Sultans
worked fitfully.
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Administration of justice
contd…
• The reason was that the entire
Sultanate period was confusion
and chaos.
• Consequently the quality of
justice depended very much on
the personality of the sovereign.
• throughout its existence had all
the disadvantages of an
autocracy-everything was
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Administration of justice
contd…
• temporary, personal, and had no
basic strength.
• Consequently, the democratic
ideal of government preached by
Islam was obscure in India.
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Under Mughal period
• had an efficient system of
government.
• system of justice took shape.
• The unit of judicial administration
was Qazi-an office which was
borrowed from the Caliphate.
Every provincial capital had its
Qazi .
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contd…
•
the head of the judicialadministration was the Supreme
Qazi of the empire (Qazi-ul-
quzat).
• every town and every village large
enough to be classed as a Qasba
had its own Qazi.
• a Qazi - "a Muslim scholor of
blameless life, thoroughly
conversant with the prescriptions
of the sacred law.
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Main Defect
•
there was no system, noorganization of the law courts in a
regular gradation from the
highest to the lowest, nor any
proper distribution of courts in
proportion to the area to be
served by them.
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BRITISH
• the process of replacement of the
Mughal system of justice by the
British began.
• replaced by the High Courts.
• The Mughal judicial system has
left its imprint on the present
system.
• a good part of our legal
terminology is borrowed from it.
• remind us of the great days of the
Mughal Empire.
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