Thursday, December 20, 2018
'Indian Legal History: Sultanate Period Essay\r'
'The Delhi grand Turkate is a marge used to coer volt short-lived dynasties, Delhi based kingdoms or sultanates, mostly of Turkic and Pashtun (Afghan) origin in medieval India. The sultanates rule from Delhi between 1206 and 1526, when the last was replaced by the Mughal Dynasty. The 5 dynasties were the Mamluk dynasty (1206ââ¬90); the Khilji dynasty (1290ââ¬1320); the Tughlaq dynasty (1320ââ¬1414); the Sayyid dynasty (1414ââ¬51); and the Afghan Lodi dynasty (1451ââ¬1526).\r\n(i) Administrative Units: The civil judicature of the sultanate was headed by the Sultan and his captain take c ar (Wazir; à ¦â°Ã ¦Å"à ¦¿à ¦°). The sultanate was separate into administrative divisions from the duty (Subah) to the resolution level. The province was the composition of soils (Sarkars). Each district was further divided into parganas. A sort out of villages effected a pargana.\r\n(ii) Constitution of judicial schemes: The medieval India the Sultan, being head of the State. was the supreme empowerment to administer justice in his kingdom. It was cardinal of the important functions of the Sultan. It was done in trine stages: Diwan-e-Qaza (arbitrator à ¦¬à ¦¿à ¦šà ¦¾à ¦°à ¦), Diwan-e-Mazalim (Head of bureaucracy à ¦ªà §Âà ¦°à ¦§à ¦¾à ¦¨ à ¦ªà §Âà ¦°à ¦¶à ¦¾à ¦¸à ¦¨à ¦¿à ¦ à ¦à ¦°à §Âà ¦®à ¦à ¦°à §Âà ¦¤à ¦¾), Diwan-e-Siyasat (Commander-in- honcho of forces à ¦¸à §â¡Ã ¦¨à ¦¾à ¦ªà ¦¤à ¦¿). The motor hotels were required to seek his former approval before awarding the corking punishment (à ¦«à ¦¾à ¦Âà ¦¸à ¦¿ à ¦¦à §â¡Ã ¦à §Ÿà ¦¾à ¦° à ¦â à ¦à §⡠à ¦à §â¹Ã ¦°à §Âà ¦Ÿà ¦à §⡠à ¦¸à §Âà ¦²à ¦¤à ¦¾à ¦¨à §â¡Ã ¦° à ¦à ¦¨à §Âà ¦®à ¦¤à ¦¿ à ¦¨à ¦¿à ¦¤à §⡠à ¦¹à ¦â¡Ã ¦¤à §â¹)\r\nThe judicial system to a lower place the Sultan was organized based on administrative divisions of the kingdom. It was classi fied in a systematic divisions of begs and the powers and jurisdiction of separately court was clearly defined.\r\n1. Central Capital:\r\n sextet coquets which were established at the capital of the Sultanate are follow:\r\na. The Kingââ¬â¢s salute\r\nb. Diwan-e-Mazalim\r\nc. Diwan-e-Risalat\r\nd. Sadre Johanââ¬â¢s Court\r\ne. headsman umpireââ¬â¢s Court\r\nf. Diwan-e-Siyasat\r\nThe Kingââ¬â¢s Court was presided over by the Sultan. It has some(prenominal) passkey and appellate jurisdiction on all told kinds of cases. It was the highest court of pull in. The Sultan was back up by cardinal Muftis (highly qualified in virtue).\r\nDiwan-e-mazalim: The court of Diwan-e-Mazalim was the highest court of poisonous appeal and the Court of Diwan-e-Risalat was the highest court of civil appeal. The Chief referee was the second highest officer coterminous to the Sultan.\r\nThe court of Ecclesiastical cases (à ¦§à ¦°à §Âà ¦® à ¦¸à ¦âà ¦à §Âà ¦°à ¦¾ à ¦¨à §Âà ¦¤ à ¦à §â¡Ã ¦¸)was transferred to the Sadre Johan. The court of Diwan-e-Siyasat was constituted to deal with the case of rebels (à ¦¬à ¦¿à ¦¦à §Âà ¦°à §â¹Ã ¦¹à §â¬Ã ¦¦à §â¡Ã ¦° à ¦à §â¡Ã ¦¸ à ¦¨à ¦¿à §Ÿà §â¡). The Chief judgeââ¬â¢s Court was established in 1206. It was presided over by the Chief Justice and dealt with all kinds of cases.\r\n(b) Provinces: In each province(Subah; à ¦¸à §Âà ¦¬à ¦¾à ¦¹)had five courts namely, Adalat Nazim Subah, Adalat Qazi-e-Subah, Governorââ¬â¢s Bench (Nazim Subahââ¬â¢s Bench), Diwan-e-Subah and Sadre-e-Subah.\r\nAdalat Nazim Subah was the Governorââ¬â¢s (Subedar; à ¦¸à §Âà ¦¬à ¦¾à ¦¦à ¦¾à ¦°) Court. In the provinces the Sultan was represented by him. He exercised original and appellate jurisdiction like the Sultan..\r\n period exercising his appellate jurisdiction, the Governor(à ¦¸à §Âà ¦¬à ¦¾à ¦¦à ¦¾à ¦°) sat with the Qazi-e-Subah. From the close of this bench, a final appeal was allowed to be filed in Central Court of Delhi.\r\nAdalat Qazi-e-Subah was presided over by the Chief Provincial Qazi. He was empowered to try civil and barbarous cases. Appeals form this court made to the Adalat Nazim-e-Subah.\r\nThe Court of Diwan-e-Subah was the final authority in the province in all cases concerning land revenue.\r\nThe Sadre-e-Subah was the Chief Ecclesiastical Officer in the province. He represented Sadre Johan, in Subah matters relating to grant of stipend, lands etc.\r\n(c) regularises: In each district (Sarkar) at he district headquarter, six courts neutralize established namely: Qazi, Dadbaks or Mir Adls, Faujdars, Sadre, Amils and Kotwals. The Court of the District was empowered to hear all original civil and sorry cases. Appeals were in addition filed before this court from the judgements of the Pargana Qazis, Kotwals and village pachayats. The court was presided over by the District Qazi who prescribed on th e recommendation of the Qazi-e-Subah or at one time by Sadre Johan.\r\n(d) Parganas: At each pargana headquarter two courts were established, namely, Qazi-e-Pargana and Kotwal. The court of Qazi-e-Pargana had all the powers of a District Qazi in all civil and criminal cases except hearing appeals. Petty criminal cases were filed before the Kotwal. He was the Principal decision maker Officer in towns.\r\n(e) Villages: A pargana was divided into a sort out of villages. For each group of villages there was a village lying or panchayet. Itââ¬â¢s a consistency of five leading men to olfactory sensation after the executive and judicial affairs. The Sarpanch or Chairman was appointed by the Nazim or the Faujder. The Panchayets decided civil and criminal cases of a purely local character.\r\n(iii) Judicial Reforms of Sher Shah: In 1540 Sher Shah laid the foundations of Sur Dynasty in India after defeating the Mughal Emperor Humayun, son of Babar. Sher Shah ruled exactly for five y ears. he introduced various funny reforms in the administrative and judicial system fo his kingdom. His important judicial reforms as follows:-\r\n1. . Sher Shah introduced the system of having the pargans, separate courts of scratch line voice for civil and criminal cases. At each pargana, he stationed a Civil decide called Munsif.\r\n2. When a Munsif was appointed, his duties were specifically enumerated.\r\n3. The duties of Governors and their deputies regarding the preservation of law and order were emphasised.\r\n4. Moqoddomas or heads of the village Councils squander recognized amd were ordered to prevent stealth and robberies. In cases of robberies, they were made up to reach for the loss sustained by the victim. design of law regulations were now drawn up for the first time in India.\r\n5. The judicial officers below the Chief Provincial Qazi were transferred after all(prenominal) two or three years. The practice continued in British India.\r\n6. The Chief Qazi of the province or the Qazi-ul-Quzat was the some cases true to report directly to the Emperor on the conduct of the Governor.\r\n'
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