Summary of: The Mughal Administration of Justice: An Appraisal
This is a summary of an interesting article called “ The Mughal Administration of Justice: An Appraisal” written by Sir Dr. Bakht Munir.
If you’re curious to read the full article, you can find it at this link: https://www.researchgate.net/publication/350324215. Enjoy!
Summary of: The Mughal Administration of Justice: An Appraisal
Dynasties in Subcontinent:
1. Delhi Sultanate (1206–1526 CE)
2. Mamluk | Slave Dynasty (1206–1290 CE)
3. Khilji Dynasty (1290–1320 CE)
4. Tughlaq Dynasty (1320–1414 CE)
5. Sayyid Dynasty (1414–1451 CE)
6. Lodhi Dynasty (1451–1526 CE)
7. Mughal Dynasty (1526–1857 CE)
Mughal Dynasty:
1. Babur (1526–1530)
2. Humayun (1530–1540 and 1555–1556) Sher Shah Suri (1540–1545)
3. Akbar (1556–1605)
4. Jahangir (1605–1627)
5. Shah Jahan (1627–1658)
6. Aurangzeb (1658–1707)
7. Bahadur Shah I (1707–1712)
8. Jahandar Shah (1712–1713)
9. Farrukhsiyar (1713–1719)
10. Rafi-ul-Darjat (1719)
11. Rafi-ud-Daulah (1719–1720)
12. Muhammad Shah (1719–1748)
13. Ahmad Shah (1748–1754)
14. Alamgir II (1754–1759)
15. Shah Jahan III (1759–1760)
16. Shah Alam (1760–1806)
17. Akbar II (1806–1837)
18. Bahadur Shah II (1837–1857)
Abstract:
o This article investigates claims that the administration of justice in the Indian subcontinent peaked during the reign of the Great Mughals.
o It employs qualitative research to determine whether the Mughal system of justice was intended to provide justice and promote the welfare of the people, or if it was simply a dictatorship with absolute power.
Introduction:
o Muslim rule of the Indian subcontinent began in 712 AD when Muhammad Bin Qasim invaded Sindh. . Later on, Qutbuddin Aibak of the Slave Dynasty established the first Sultanate of Delhi.
o Five different dynasties, namely: the Slaves, the Khiljis, the Tughalqs, the Sayyids and the Lodis, ruled the subcontinent from 1206 to 1526
o The Mughal Empire, founded by Babar, reigned until 1706, when the British officially took over India.
o The Mughal system of administration was admired and adopted by the contemporary Rajas of vassal and independent Hindu states, as well as adopted by the British.
o The Mughal administration of justice was partly borrowed from Central Asia and Persia, as well as incorporating various administrative norms as practiced by the Sultans.
o The Hindu justice system also remained in place in Hindu states.
o In order to run state affairs, the Mughal Emperor delegated authority to state functionaries but was the final authority in any matter.
The Mughals’ Administration of Justice:
o The administration of justice refers to a fair and equitable provision of justice to all. Historically, the concept of administration of justice is as old as the era of cavemen. The Mughal Empire was a replica of a totalitarian state where the absolute authority was concentrated in one hand. Over time, the concept of a police state has developed into a modern welfare system.
o The Mughals adopted a system of administration that was a mix of foreign and Indian elements, including principles for governance, taxation, church policy, and departmental arrangements. The Mughal Government was essentially military in nature, with the King having absolute authority.
Main Categories of Mughals’ Administration:
o Babar focused on consolidating the Mughal Empire by quelling Hindu and Lodhi rebels.
o Humayun had to struggle to maintain control and was eventually defeated by Sher Shah Suri.
o Humayun regained control of the Mughal Empire shortly before his death in 1556.
o Akbar was responsible for most of the Mughal reforms, some of which were borrowed from Sher Shah Suri.
o Mughal administration focused on providing basic necessities and protecting civil and political rights.
Central Administration:
o Political division of the Mughal Empire was similar to that during the reign of Sher Shah Suri.
o Chief Minister (Vakil) was at the disposal of the Emperor and all ministers were considered his pupils.
o Diwan-i-Kull: Deals with the whole fiscal administration.
o Diwan-i-Khalisa: responsible for looking after revenues from different sources
o Diwan-i-Tan: Deals with the distribution of money in the form of stipends to the Mansabdars (officials) and the princesses.
o Mughal system of revenue and financial division was refined, but there was no mechanism to check or advise the autocratic decisions of the King.
Judicial Administration:
o The Mughal Empire had an independent judicial system, with courts that were free from the interference of the emperor.
o Cases were classified as civil, criminal, political, and administrative.
o The place where the emperor used to listen public grievances was known as Diwan-iMazalimat also termed Diwan-i-Khas. The King was to be accompanied by a Qadis, a Mufti, a Pundit, a Kotwal, a Darogha-i-Adalat, and a Mohtasib.
o The highest judicial functionary was the Qazi-ul-Quzat appointed by the emperor to supervise the provincial courts.
o The military had its own judge, Qadi-e-Askar.
o Judges were not protected by the state and their decisions were ultimately at the mercy of the king.
o The Sad’sr-us-Sudur was in charge of ecclesiastical department.
Provincial Administration:
o The largest Mughal Empire, during Aurangzeb Era, was divided into 21 provinces, called Subas.
o Each Suba was headed by a governor, called Subedar, who was responsible for law and order, enforcing Imperial decrees, and assisting in revenue collection.
o The Subedar was assisted by ministers and towards the close of Akbar’s reign the revenue powers were taken away from the Subedar and given to the Dewan.
o The provincial setup was a replica of the central government.
o The Subas were further divided for revenue purposes into Sarkars and Paraganas, headed by Naib Subidar and Amirs or Shiqdars respectively.
o The Sarkars and Parganas were equal to districts and sub-districts respectively in the modern administrative dispensation.
o So far as the Military administration was concerned, Subas were divided into Faujdaris, headed by Faujdars that were further divided into Thanas headed by Thanidars.
o The revenue division was made for the collection of public revenue and the enforcement of civil and proprietary rights of the citizens.
o On the other hand, the Military division was made for the protection of lives and properties of
o the masses.
o The Kotwal was an important figure in the Mughal administrative system, responsible for civil administration, criminal justice, and police.
o He was assisted by officers in charge of the wards (Mohallas).
o He was delegated the authority to engage citizens in a pledge of mutual assistance.
o He was the criminal judge, and the Chief Officer of the Police, taking cognizance of matters pertaining to streets and houses of the city.
o The provincial administration ran smoothly, though there was no clear distinction between pure judicial and pure executive functions.
The Muhtasib:
o The Office of the Muhtasib, or modern Ombudsman, was responsible for a variety of functions during the Mughal era, such as:
o Chief public prosecutor
o Chief censor of morals
o Examine weights and measures
o Ensure fair price mechanisms in the market
o Recover debts
o Supervise the provision of infrastructure in streets and markets
o Manage and regulate religious affairs
o Report apostasy and blasphemy
o Secure punishment for the guilty
o The purpose of the office was to secure the welfare of the people and to manage state affairs for the advancement of good governance and the administration of justice.
o The Muhtasib was assisted by Mansabdars and footmen (Ahadis)
Remunerations of the Public Officials:
o The public servants of the Mughal Government enjoyed high stipends as part of their employment.
o They were either paid in cash from the state treasury or were granted Jagirs (property, more specifically agricultural land) for a temporary period without any ownership rights over it.
o The Jagirdars could manipulate Jagirs capriciously, so the Mughal Emperors devised monetary policies to pay them in cash instead of Jagirs to advance their standard of living and countercheck their excesses. (Example: Sher Shah Suri)
Sovereignty of King:
o The Mughal Empire enjoyed absolute authority over all external and internal affairs.
o The King had full control of legislative, executive, and judicial powers.
o The Diwan could attend the Emperor’s court but could not give a dissenting opinion.
o Islamic laws were declared supreme and applied to Muslims, while criminal laws were applied to both Hindus and Muslims.
o Emperor Jahangir instituted a chain of justice for redressing public grievances.
o The Mughal Empire’s administrative structure has influenced modern bureaucracy in India and Pakistan.
o Ministers worked at the mercy of the Emperor and had limited autonomy.
o The judiciary was not independent and judges served at the mercy of the King, leading to potentially biased decisions.
Conclusion:
o The Mughal rule in the Subcontinent was characterized by a hierarchical administrative system with influences from Persian and Arab cultures.
o The indigenous systems were mixed with the Persio-Arabic system, aiming to provide welfare for the people.
o Akbar was noted for his reforms in the system, which was later further improved by Mughal rulers.
o The state organs and their authority were ultimately subject to the King, who had absolute power.
o The ministerial setup was similar to the present-day cabinet, with the Dewan holding financial and general supervision.
o Although the officials had authority, they could not challenge or restrict the capricious acts of the Emperor.
o Hierarchy of the courts established
o Reforms in the system of appeals
o Disposition of criminal cases on daily basis
o Central judicial system comprising of Mufti, Qazi and Mir Ad’l
o Lack of judicial autonomy and initiatives to secure judicial officers
o No legislation proposed to prosecute the King in any court of law
o King considered above the law with no parameters to counter the King.
o Administrative units headed by Subidar
o Hierarchy from Subas to Parganas administered by state designated officials
o Muhtasib entrusted with various functions such as public prosecutor, examining weights and measures, recovering debts and inspecting infrastructure
o State officials highly remunerated either in form of cash or Jagirs
o Emperors conferred certain powers on the officials
o Ultimate authority to address public grievances with the emperor
o Reforms brought about by Mughals still practiced today in India and Pakistan.
