Dr.R.Nagaswamy
#CD853F
Constitution Of Judiciary - A Pandya Example
The Manur inscription of Pandya Varaguna, (1. No. 37 of South Indian Inscriptions Vol. XIV, Epigraphia Indica Vol. XXII. p. 5) Maranjadayan, is well known. Writing on this epigraph, Prof. K. A. N. Sastri, states "this Manur record may be taken perhaps as giving a type of the constitution of village assemblies in this period in the south of the Pandya country. Membership in the assembly was regulated by qualifications of property and learning very much as in the well known inscription of Uttaramerur in the early 10th century A.D." (2. K. A. N. Sastri. The Pandyan Kingdom Madras. 1971. p. 83.)
Sri. A. S. Ramanatha Iyer, the editor of South Indian Inscriptions, Volume XIV refering to this inscription, states:-
"This inscription is of interest as giving the rules and qualifications which governed the admission of members to the assembly Mananilainallur". (3. South Indian Inscription Vol, XIV. p. 28)
All the scholars dealing with the inscription have taken this to refer to the qualification of members to be elected to the village assembly. But it seems to us that the inscription could be interpreted from another angle namely "the constitution of the law court" of the village. The use of words "Manru" and "Manradutal" in the inscription is a pointer in that direction. It is needless to say that all the inscription are 'lekhya pramanas', written documents and as such use legal terminology. The word manru, etc. frequently occuring in epigraphs is used in connection with the courts. Even in literature the word is used in the sense of court 'dharmasana' (Periyapuranam). From this angle the inscription of Manur assumes greater significance.
The Mahasabha of Manur met at the Govardhana of the village and agreed upon certain decisions for constituting the court of justice. The translation of the text according to us would be as follows.
Translation
Svasti Sri
Four hundred and sixty ninth day and thirty fifth year of king Maranjadaiyan.
We the members of the Mahasabha of the village Mananilainallur, in Kalakkudi nadu met this day at Govardhana as general assembly and passed the following resolutions relating to the constitution of the court of the Mahasabha.
1. The representation for the descendents of the shareholders of the village in the court :- One, who is well-learned in Mantra and Brahmana, and one dharma sastra, and is of virtuous conduct alone is eligible, that too only one representative for each share. They will enquire cases in the sabha.
2. Among those who bought, received as gift or as stridhana, a land in the village, only those learned in mantra brahmana, and one dharama sastra, and of virtuous conduct are eligible to hear the cases in the sabha.
3. Further, those who got land, by purchase, gift or as stridhana, will be eligible to serve as hearers, sravanai puhuvar. They will not be permitted or ordered to hear quarter, half or three fourth of the case (as hearers) but only the full case.
4. Among buyers of the shares, only those who pass an examination in all parts of one Veda, including its parisishtas, are to be admitted as hearers.
5. Further those who enter as hearers apart from this decisions should hear cases, only as directed in this kacca (stipulation).
6. One who does not become a full hearer, as per this stipulation should not be appointed for any Varyam, sub-committee.
7. Those who satisfy the above conditions should not refuse (or obsstruct) to serve.
8. Those who obstruct or abet ostruction should be fined, five Kasu individually and even after paying the fine, they should serve as per this resolution.
We the members of the Sabha, took the decision as resolved above."
(1. The translation given above is this author's own differing from with Sastri.)
The above inscription raises many interesting points on the administration of justice in the Pandya country in 9th century CE. The Pandya ruler in whose reign the decision was taken by the Manur sabha is identified with Parantaka Varaguna, who came to the throne in 768 CE. The date of this inscription would then fall in 805 A.D. The Mahasabha was functioning already in that village of Manur and the decision was taken by that Sabha.
The Sabha met in the Govardhana of the village, where it deliberated the resolution. At Uttaramerur, the Govardhana of the village was an active center from 9th century A.D. to 11th century (2. F. Gros and R. Nagaswamy, Uttaramerur. p. 84) and the presiding diety is mentioned as Mahavishnu. The central sabhamandapa of Uttaramerur, also housed Lord Vishnu in whose immediate presence the transactions were conducted. (3. Ibid. 68) Vishnu being the presiding deity of dharma it is proper that the Mahasabha of Manur took the decision relating to the law court in the Govardhana of the village. The presence of Govardhana, (connected with legal administration,) in villages separated by over five hundred miles, one in the northern part of Tamilnadu (near Madras) and another in the extreme south, in Thirunelveli, one under the Pallavas and the other under the Pandya, both in 9th century, shows almost a uniform pattern of village set up.
That the Mahasabha met and decided about the qualification for the members of the Court, illustrates, the dynamic role of the village assembly in ancient Tamil Country.
The wordings of the Manur epigraph is indicative of two catagories of judges; viz. the Manraduvars and the sravanai puhuvar (hearers). "The term sabhasad occurs in some Vedic passages and in many of the dharma sastras. The combined effect of Various texts is to show that the members of the sabha fell into two catagories, some of them having a more definite role than the rest". (1. S. Varadachariar, The Hindu Judicial system, Lucknow 1946-p. 102) "The differentiation between the two groups of the members of the sabha is emphasised in a passage of Vyasa which speaks of them as the Niyukta and the Aniyukta. Katyayana also recognises a differentiation though he changes the terminology. According to him the select are the Sabhyas. That Niyojana was a deliberate process is shown by the passage in Narada which refers to the Niyuktas, as well tested (Suparikshitas)". (2. Ibid)
In the Manur inscription, that the word Manraduvar stands for judges to hear disputes is quite clear. The word "sravnai puhuvar" seems to stand for hearers, (srotarah) of the dharma sastras. (sravana means hearer, derived from the root sravana to hear). It is not known why the stipulation that, the sravanai puhuvar will not be permitted to serve or ordered to serve for a quarter, half or three-fourth of the hearing. It is possible that the Manur sabha faced some difficulties in that, the sravanai puhuvar dissociated themselves from the proceedings in the middle of the hearings. The tendency to dissociate oneself from civil or criminal cases especially so, when their role is not definitive is quite natural. So it became necessary for the Manur sabha to bind the sravanai puhuvar to remain for the whole proceedings.
There is another stipulation in the Manur decisions. One who buys a share in the village, can be allowed to serve as a "sravanai puhuvar" only after he passes a test in one Veda, inclusive of its parisishta. The inscription reads "parikshai tantarkke srvanai panippadahavum". That the Niyuktas should be 'well tested' suparikshitas is refered to by Narada. (3. The Hindu Judicature p. 105) The use of the word Parikshai tantar, in Manur seems to conform to the dharma sastra.
The sabha of Manur seems to have experienced some obstruction or abetment to obstruction, which called for a fine being imposed.
The village Manur, called Mana-nilai-nallur, seems to have been established as a brahmadeya with a number of families as share holders, not many generations earlier. By the time of the record, the character of the village has undergone a change. New settlers came in either buying land or accepting land as gift and in some cases married the girls of the village and obtained land as stridhana. In the families of the original share-holders (they being joint families) many grown-ups with required qualifications were present. Since the original character of the village had undergone change, it became necessary for the sabha to deliberate and decide about the constitution of the court, taking in to consideration the future changes as well. The interest of the descendents of original share-holders were safeguarded as well as those who came as new settlers. (1. The inscription also indicates that the shares in a Brahmadeya village could be sold as early as 8th century CE.)
Only those who were qualified for the full sravana could be appointed for any Varya. This decision shows that different types of "Varyas" were functioning, as early as 8th century in the extreme south as well.
The inscription points to the vigorous functioning of the village assemblies in 8th century Tamil land, and that the village sabhas were free to appoint its own court and stipulate the requisite qualification. The absense of any royal order or officer, shows that the sabhas were free to act themselves. The Manur epigraph is a very interesting record of the early Pandya period showing the role played by the dharma sastra in Tamil land. Whether it was the northern part of Tamil land or the southern most part, whether the territory was ruled by the Pallavas, the Pandyas, the Cholas or other dynasties, the village set up retained its constitutional authority derived from the dharma sastra
A comparison between the Manur record and the famous Uttaramerur record of Parantaka would be interesting. The 'U' record relates to the constitution of various sub committees, to serve under the sabha while the 'M' record relates to the constitution of law court. In Manur, no royal officer was present when the sabha met and took the decision but in Uttaramerur, a royal officer, who was a brahmin was present. In Manur a knowledge of dharma sastra was stipulated along with mantra and brahmana for those who served as manraduvar. In Uttaramerur, a knowledge of dharma sastra is not prescribed. On the otherhand efficiency in administration (a nipuna in karya) is prescribed. Those sub committees being working committees, the insistance was more on working efficiency. The insistance on a knowledge of dharma sastra at Manur, confirms our conclusion that the record deals with the law courts. Both Manur and Uttaramerur records, prescribe virtuous conduct (suvrttar in 'Manur' and Acara-sila in Uttaramerur) which is invariably mentioned in the dharma sastras.