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30/11/2017

Brief History of law in India

Law in India has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law.

India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and Buddhists.

Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. Excellent secular court systems existed under the Mauryas (321-185 BCE) and the Mughals (16th – 19th centuries) with the latter giving way to the current common law system.

Law in British-ruled India

The common law system – a system of law based on recorded judicial precedents- came to India with the British East India Company. The company was granted charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay and Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the company expanded substantially after its victory in Battle of Plassey and by 1772 company’s courts expanded out from the three major cities. In the process, the company slowly replaced the existing Mughal legal system in those parts.

Following the First War of Independence in 1857, the control of company territories in India passed to the British Crown. Being part of the empire saw the next big shift in the Indian legal system. Supreme courts were established replacing the existing mayoral courts. These courts were converted to the first High Courts through letters of patents authorized by the Indian High Courts Act passed by the British parliament in 1862. Superintendence of lower courts and enrolment of law practitioners were deputed to the respective high courts.

During the Raj, the Privy Council acted as the highest court of appeal. Cases before the council were adjudicated by the law lords of the House of Lords. The state sued and was sued in the name of the British sovereign in her capacity as Empress of India.

During the shift from Mughal legal system, the advocates under that regimen, “vakils”, too followed suit, though they mostly continued their earlier role as client representatives. The doors of the newly created Supreme Courts were barred to Indian practitioners as right of audience was limited to members of English, Irish and Scottish professional bodies. Subsequent rules and statutes culminating in the Legal Practitioners Act of 1846 which opened up the profession regardless of nationality or religion.

Coding of law also began in earnest with the forming of the first Law Commission. Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted and brought into force by 1862. The Code of Criminal Procedure was also drafted by the same commission. Host of other statutes and codes like Evidence Act (1872) and Contracts Act (1872).

Law after Independence

At the dawn of independence, the parliament of independent India was the forge where a document that will guide the young nation was being crafted. It will fall on the keen legal mind of B. R. Ambedkar to formulate a constitution for the newly independent nation. The Indian Bar had a role in the Independence movement that can hardly be overstated – that the tallest leaders of the movement across the political spectrum were lawyers is ample proof. The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M. K. Gandhi, both exemplary lawyers. Perhaps it is the consequent understanding of law and its relation to society that prompted the founding fathers to devote the energy required to form a Constitution of unprecedented magnitude in both scope and length.

The Constitution of India is the guiding light in all matters executive, legislative and judicial in the country. It is extensive and aims to be sensitive. The Constitution turned the direction of system originally introduced for perpetuation of colonial and imperial interests in India, firmly in the direction of social welfare. The Constitution explicitly and through judicial interpretation seeks to empower the weakest members of the society.

India has an organic law as consequence of common law system. Through judicial pronouncements and legislative action, this has been fine-tuned for Indian conditions. The Indian legal system’s move towards a social justice paradigm, though undertook independently, can be seen to mirror the changes in other territories with common law system.

From an artifice of the colonial masters, the Indian legal system has evolved as an essential ingredient of the world’s largest democracy and a crucial front in the battle to secure constitutional rights for every citizen.

06/11/2017

Provincial Revenue under Mughal

The provincial revenue was deduced from several minor taxes and duties levied on “trades and occupations, on production and consumption, on various incidents of social life and most of all on transport.” These revenues were obtained and spent solely by the provincial financial authorities and imperial financial authorities did not interfere in these matters.
Imperial or Central Revenue System under Mughal

The chief sources of imperial or central revenue system under mughal included land revenue – the most important source of State income as it had been in the past-, mint, customs, inheritance, plunder and indemnities, presents (gift), monopolies and the poll-tax.

Also Read: Development of Mughal Painting
Land Revenue System under Mughal

During the period of disorders and confusion after the reigns of Sher Shah and Islam Shah the prominent experiments of revenue system of Surs were nullified. However, Akbar, who had inherited the old system of government and the time-tested customs and procedures, after acquiring the throne, found that there were three types of land in the country namely the Khalsa or crown-lands, the Jagir lands and the Sayurghat lands. Out of these lands the Jagir lands were supervised by some nobles who obtained the local revenues out of which they provided a portion of these collected revenues to the imperial exchequer and kept the rest for themselves. Sayurghat lands were allotted on free tenure.

Akbar, after establishing his freedom completely from Bairam Khan and that of ladies of the haram, understood the importance of reframing the financial system of his growing empire, which were entirely in a confused condition.

Resutedly, a revised assessment was prepared in 1570- 1571 by Muzaffar Khan, who was assisted by Raja Todar Malla in this task. This assessment was ‘based on estimates framed by the local Qanungoes and checked by ten superior Qanungoes at headquarter.’ After the annexation of Gujarat, Todar Mall carried there a regular survey of the land and the assessment was prepared “with reference to the area and quality of the land”.

Akbar in 1575-76 abolished the old revenue areas and divided the whole of the Empire, baring the provinces of Bengal, Gujarat and Bihar, into a large number of units. Each unit yielded one Kror (crore) a year. For each unit an officer designated as Krori was appointed who got the duty of not only of collecting the revenues but also encouraging cultivation.

However, this experiment of Akbar proved disastrous as the Kroris soon engaged themselves in rampant corruption and their cruelty resulted in great misery for peasants. Resultedly Akbar was forced to abolish the – offices of Kroris and the revenue divisions of the past were reinstated. But, at least till the reign of Shah Jahan, the title of Kroris remained in vogue.

When Todar Mall was made the Diwan-i-Ashraf in 1582, some important reforms in the revenue system under mughal came into existence. He established a ‘regulation’ or standard system of revenue collection. The main characteristics of this system were:

(a) Survey and measurement of land,

(b) Classification of land, and

(c) Fixation of rates.

Have a Look at: Mughal Emperors – Story of 15 Mughal Kings of India
Measurement of Lands

For the measurement of lands, in order to assure a content measure, the old units were changed by the Ilahi Gaz or yard (about thirty three inches), Tanab or tent rope, and jarib of bamboos connected by iron rings.

Land was divided into four classes according to “the continuity or discontinuity of cultivation”:

(1) Polaj– under this category came the lands that could be cultivated annually,

(2) Paraudi – under this category fell the lands that were kept uncultivated for some time to get their productive capacity back,

(3) Chachar – under this category came the lands that were kept uncultivated for three or four years, and

(4) Banjar – under this category fell the lands that were kept uncultivated for five years or longer.

You May Also Read: The Administrative System under Delhi Sultanate
Rayotwari System

The revenue of the state was fixed at one- third of the actual produce, which the ryots were permitted to pay either in cash or in kind. The cash rate fluctuated according to crops. This system came to be known as Rayotwari System, and was applied to Northern India, Gujarat and, to some extent, to the Deccan.

The Empire was separated, for the purpose of administration and revenue collection, into Subahs; these Subhas were subdivided into Sarkars; each of the Sarkars consisted of a number of Paragana. Each paragana was a cluster of several villages. The revenue collector, the amalgujar, of a district got the assistance of a large subordinate staff.

The village headman, Muqaddam, and the village Patwari were servants of the village community but they were not the servants of the State. Apart from these official there were the Qanungo who had to keep records of revenue that the village had to pay; the Potdar (district treasurer); and the Bitikchi (accountant).

These officers had got a clear instruction of collecting revenue with due care and caution and “not to extend the hand of demand out of season”.

Don’t Miss: The Later Mughals of the (Mighty) Mughal Empire

03/11/2017

The Vijayanagara Empire and Its Socio-Economic-Cultural conditions
Vijaynagra _empire_map_Srikrishnadeva_raya
Vijayanagara empire
The Vijayanagara Empire, an important South Indian empire was founded by Harihara Raya I and his brother Bukka Raya I. The capital of the empire was Vijayanagara, present days Hampi in Karnataka. The empire ruled from 1336 AD to 1646 AD although the power of the empire declined after the Battle of Talikota in 1565 AD.
Vijayanagara Empire was ruled by maily four important dynasties. They were
1.Sangama Dynasty: It was the first dynasty of Vijayanagara Empire and Harihara Raya I( 1336-1356 AD) was the first ruler of the dynasty. Some of the rulers of the dynasty were: Bukka Raya, Virupaksha Raya, Deva Raya, Ramachandra Raya, Mallikarjuna Raya and Praudha Raya.

2.Saluva Dynasty: It was the first dynasty of Vijayanagara Empire and Narasimhadeva Raya (1485 AD to 1491 AD) first ruler of Saluva Dynasty of Vijayanagara Empire. He was succeeded by his son Thimma Bhupala. Narasimha Raya II was the last ruler of Saluva Dynasty succeeded his father Thimma Bhupala.

3.Tuluva Dynasty: It was the third dynasty of Vijayanagara Empire. The rulers of Tuluva Dynasty were: Narasa Nayaka, Viranarasimha Raya, KrishnadevaRaya, Achyutadeva Raya and Sadasiva Raya. Krishnadeva raya was a very powerful ruler of Vijayanagara Empire. It is considered that during his reign the empire reached its zenith. He ruled the empire from 1509 AD to 1529 AD. (for more detail about KrishnadevaRaya, see the individual section.)

4.Aravidu Dynasty: The fourth and last dynasty of Vijayanagara Empire was Aravidu Dynasty. After the Battle of Talikota the empire started to decline and Muslim states of Bijapur became prominent.

Sources: The history of Vijayanagar Empire constitutes an important chapter in the history of India. Four dynasties – Sangama, Saluva, Tuluva and Aravidu – ruled Vijayanagar from A.D. 1336 to 1672. The sources for the study of Vijayanagar are varied such as literary, archaeological and numismatics. Krishnadevaraya’s Amukthamalyada, Gangadevi’s Maduravijayam and Allasani Peddanna’s Manucharitam are some of the indigenous literature of this period.

Many foreign travelers visited the Vijayanagar Empire and their accounts are also valuable. The Moroccan traveler, Ibn Battuta, Venetian traveler Nicolo de Conti, Persian traveler Abdur Razzak and the Portuguese traveler Domingo Paes were among them who left valuable accounts on the socio-economic conditions of the Vijayanagar Empire.

The copper plate inscriptions such as the Srirangam copper plates of Devaraya II provide the genealogy and achievements of Vijayanagar rulers. The Hampi ruins and other monuments of Vijayanagar provide information on the cultural contributions of the Vijayanagar rulers. The numerous coins issued by the Vijayanagar rulers contain figures and legends explaining their tittles and achievements.

Political History: Vijayanagar was founded in 1336 by Harihara and Bukka of the Sangama dynasty. They were originally served under the Kakatiya rulers of Warangal. Then they went to Kampili where they were imprisoned and converted to Islam. Later, they returned to the Hindu fold at the initiative of the saint Vidyaranya. They also proclaimed their independence and founded a new city on the south bank of the Tungabhadra river. It was called Vijayanagar meaning city of victory.

The decline of the Hoysala kingdom enabled Harihara and Bukka to expand their newly founded kingdom. By 1346, they brought the whole of the Hoysala kingdom under their control. The struggle between Vijayanagar and Sultanate of Madurai lasted for about four decades. Kumarakampana’s expedition to Madurai was described in the Maduravijayam. He destroyed the Madurai Sultans and as a result, the Vijayanagar Empire comprised the whole of South India up to Rameswaram.

The conflict between Vijayanagar Empire and the Bahmani kingdom lasted for many years. The dispute over Raichur Doab, the region between the rivers Krishna and Tungabhadra and also over the fertile areas of Krishna-Godavari delta led to this long-drawn conflict. The greatest ruler of the Sangama dynasty was Deva Raya II. But he could not win any clear victory over the Bahmani Sultans. After his death, Sangama dynasty became weak. The next dynasty, Saluva dynasty founded by Saluva Narasimha reigned only for a brief period (1486-1509).

Administration: The administration under the Vijayanagar Empire was well organized. The king enjoyed absolute authority in executive, judicial and legislative matters. He was the highest court of appeal. The succession to the throne was on the principle of hereditary. Sometimes usurpation to the throne took place as Saluva Narasimha came to power by ending the Sangama dynasty. The king was assisted by a council of ministers in his day to day administration. The Empire was divided into different administrative units called Mandalams, Nadus, sthalas and finally into gramas. The governor of Mandalam was called Mandaleswara or Nayak. Vijayanagar rulers gave full powers to the local authorities in the administration.

Besides land revenue, tributes and gifts from vassals and feudal chiefs, customs collected at the ports, taxes on various professions were other sources of income to the government. Land revenue was fixed generally one sixth of the produce. The expenditure of the government includes personal expenses of king and the charities given by him and military expenditure. In the matter of justice, harsh punishments such as mutilation and throwing to elephants were followed.

The Vijayanagar army was well-organized and efficient. It consisted of the cavalry, infantry, artillery and elephants. High-breed horses were procured from foreign traders. The top-grade officers of the army were known as Nayaks or Poligars. They were granted land in lieu of their services. These lands were called amaram. Soldiers were usually paid in cash.

Social Life: Allasani Peddanna in his Manucharitam refers the existence of four castes – Brahmins, Kshatriyas, Vaisyas and Sudras - in the Vijayanagar society. Foreign travelers left vivid accounts on the splendour of buildings and luxurious social life in the city of Vijayanagar. Silk and cotton clothes were mainly used for dress. Perfumes, flowers and ornaments were used by the people. Paes mentions of the beautiful houses of the rich and the large number of their household servants. Nicolo Conti refers to the prevalence of slavery. Dancing, music, wrestling, gambling and cock-fighting were some of the amusements. The Sangama rulers were chiefly Saivaites and Virupaksha was their family deity. But other dynasties were Vaishnavites. Srivaishnavism of Ramanuja was very popular. But all kings were tolerant towards other religions. Borbosa referred to the religious freedom enjoyed by everyone. Muslims were employed in the administration and they were freely allowed to build mosques and worship. A large number of temples were built during this period and numerous festivals were celebrated. The Epics and the Puranas were popular among the masses.

The position of women had not improved. However, some of them were learned. Gangadevi, wife of Kumarakampana authored the famous work Maduravijayam. Hannamma and Thirumalamma were famous poets of this period. According to Nuniz, a large number of women were employed in royal palaces as dancers, domestic servants and palanquin bearers. The attachment of dancing girls to temples was in practice. Paes refers to the flourishing devadasi system. Polygamy was prevalent among the royal families. Sati was honoured and Nuniz gives a description of it.

Economic Condition: According to the accounts of the foreign travelers, the Vijayanagar Empire was one of the wealthiest parts of the world at that time. Agriculture continued to be the chief occupation of the people. The Vijayanagar rulers provided a stimulus to its further growth by providing irrigation facilities. New tanks were built and dams were constructed across the rivers like Tunghabadra. Nuniz refers to the excavation of canals.

There were numerous industries and they were organized into guilds. Metal workers and other craftsmen flourished during this period. Diamond mines were located in Kurnool and Anantapur district. Vijayanagar was also a great centre of trade. The chief gold coin was the varaha but weights and measures varied from place to place. Inland, coastal and overseas trade led to the general prosperity. There were a number of seaports on the Malabar coast, the chief being Cannanore. Commercial contacts with Arabia, Persia, South Africa and Portugal on the west and with Burma, Malay peninsula and China on the east flourished. The chief items of exports were cotton and silk clothes, spices, rice, iron, saltpeter and sugar. The imports consisted of horses, pearls, copper, coral, mercury, China silk and velvet clothes. The art of shipbuilding had developed.

Cultural Contributions: The temple building activity further gained momentum during the Vijayanagar rule. The chief characteristics of the Vijayanagara architecture were the construction of tall Raya Gopurams or gateways and the Kalyanamandapam with carved pillars in the temple premises. The sculptures on the pillars were carved with distinctive features. The horse was the most common animal found in these pillars. Large mandapams contain one hundred pillars as well as one thousand pillars in some big temples. These mandapams were used for seating the deity on festival occasions. Also, many Amman shrines were added to the already existing temples during this period.

The most important temples of the Vijayanagar style were found in the Hampi ruins or the city of Vijayanagar. Vittalaswamy and Hazara Ramaswamy temples were the best examples of this style.

The Varadharaja and Ekamparanatha temples at Kanchipuram stand as examples for the magnificence of the Vijayanagara style of temple architecture. The Raya Gopurams at Thiruvannamalai and Chidambaram speak the glorious epoch of Vijayanagar. They were continued by the Nayak rulers in the later period. The metal images of Krishna Deva Raya and his queens at Tirupati are examples for casting of metal images. Music and dancing were also patronized by the rulers of Vijayanagar.

Different languages such as Sanskrit, Telugu, Kannada and Tamil flourished in the regions. There was a great development in Sanskrit and Telugu literature. The peak of literary achievement was reached during the reign of Krishna Deva Raya. He himself was a scholar in Sanskrit and Telugu. His famous court poet Allasani Peddanna was distinguished in Telugu literature. Thus the cultural contributions of the Vijayanagar rulers were many-sided and remarkable.......

24/10/2017

BAR COUNCIL OF INDIA
RULES
(UNDER THE ADVOCATES
ACT, 1961)
The Bar Council of India Rules, as revised, have been
published in the Gazette of India on 6th September,
1975 in Part III, Section 4 (pages 1671 to 1697)
and subsequently amended from time to time.

24/10/2017

Article
Under the terms of Article 18 (1) of the Constitution, the recipients cannot use the award as a prefix or suffix to their name, although recipients may use either the expressions "Awarded Bharat Ratna by the President" or "Recipient of Bharat Ratna Award" to indicate that they have been honoured with the award.

19/10/2017

hello everyone happy deepawali....

19/10/2017

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