Symbiosis Law School, Pune

Course Name: History- I “History of Law and Legal Institutions in Ancient and Medieval India”

Course Code: T6758

Number of Credits: 3

Level: 3

Learning Objective(s):

1. This course attempts to study and interpret the stages and processes of State formation in
India from the ancient period through the medieval period right up to the modern period.
2. The study of this course assists students to sketch and critically analyze the development of
the legal institutions of the State in ancient and medieval history.
3. Students understand and examine from the study of this subject the processes through
which the society traverses directly influencing the legal, political, and cultural traditions in
India.

Learning Outcomes:

1. With the basic idea of the study of the History-I students will be able to gauge and
distinguish the valid reasons for the distress of the present-day society.
2. It will help them to study, analyze and find out the solutions of the present-day society in
political, social, economical and most importantly legal spheres.
3. Encourage the students to take up research activates to frame new laws for better living
conditions.

Pre-requisites: Std XII + Suggested readings

Course Outline

Sr. Topic Hours

No.
Nature of the State in Ancient India
1.1 Origin of the State
(04)
1 1.2 Nature, Aims and Functions of the State
1.3 Republics
1.4 Monarchy
Central Administration: Republics in Ancient India-its nature, law making (02)
2
powers & its disappearance
3 Village Administration (05)
The concept of an Ancient Indian Villages was that of a mini republic-
Self-supporting, self sufficient with a mature administration

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 Socio-legal status of women in Ancient India
4 (06)
Judicial System
5.1 Judicial System in the Vedic Periods –Early Vedic Period and Later
Vedic Period
5 (06)
5.2 Kautilyan Legal System
5.3 Judicial gleanings in the Sutras and Smritis

Judicial Administration
6.1 Judiciary in the Law Books
6.2 Ancient Indian Concept of Dharma or Law
6 6.3 Judicial Procedure (8)
6.4 Royal Courts and Popular Courts
6.5 Crimes and Punishments

MEDIEVAL INDIA
A study of the ideas and institutions with the coming of the Muslims into
India
A study of the administration in India during this period which was a blend
of Islamic in some areas, Hindu systems in some areas followed by a blend of
the Hindu and Islamic system in the Maratha State.
(06)
7
1. Theoretical Aspects
1.1 Farabi: His ideas on State and Government
1.2 Ghazzali : His ideas on State and Government
1.3 Krishnadevaraya
1.3 Ramchandra Pant Amatya

2. The Islamic State in Medieval India

2.1 Its nature
8 2.2 Kingship under Delhi Sultans and the Mughals (04)
2.3 Administration in Medieval India

3. The Mansabdari System which was a mix of the Army and the
9 Bureaucracy in the Muslim State in India (04)

Total 45

Pedagogy:
1. Lecture
2. Discussion
3. Self study
4. Projects

Books Recommended:

 Kulshrestha, V.D. and Gandhi, B.M., Landmarks in Indian & Constitution History, Eastern Book
Company, Lucknow (2011)
 Gokhale, B.G., Ancient Indian- History & Culture-Part I, University of Nagpur (2010)
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 Altekar A.S. The Position of Women in Hindu Civilization, MotilalBanarasidass (2005)
 Altekar, A.S., State and Government in Ancient India, MotilalBanarsidass (2005)
 Jois Rama, Legal and Constitutional History of India, Universal Law Publishing House (2004)
 Thapar Romila, Early India: From the Origins to A.D. 1300, Penguin (2002)
 Kosambi D.D., An Introduction to the Study of Indian history, Popular Book Depot, Mumbai,
(2002)
 Basham A.L., The wonder that was India, Volume I Rupa & co. (1997)
 Dey, U.N., The Government of the Sultanate, Elsevier Science Ltd. (1995)
 Majumdar R.C., History and Culture of India People, Bharatiya Vidya Bhavan, vol.I & II. (1988)
 Jayaswal, K.P., Hindu Polity, Eastern Book House, Calcutta (1988)
 Chitnis, K.N., Glimpses of Medieval India Ideas and Institutions, 2nd Ed; Pune, (1981)
 Singh Nagendra, Juristic Concepts of the Ancient India Polity, (1980)
 Sarkar, Sir Jadunath, Mughal Administration, Calcutta, Co 1, Orient Longmans (1972)
 Ghosal, U.N., A history of Indian political Ideas: The ancient period and the period of transition to
the Middle ages, Oxford University Press (1959)
 Qureshi, I.A., The Administration of Sultanate of Delhi, Lahore 2nd ed., Ph.D. thesis (1944)
 Saran, The Provincial Government of the Mughals, Allahabad (1941)
 Bhandarkar, D.R., Some Aspects of Ancient Indian Polity, Banaras Hindu University (1929)
 Kane, P. V., History of the Dharmashastras, Oriental Book Agency, 4 Vols. 1930-53, Poona, India
(1929)
 Mookerji, R.K., Local Self-Government in Ancient India, Oxford University Press London (1929)
 Prasad, Beni, State in Ancient India, Indian Press, Allahabad (1928)
 Beni Prasad, The Political Theory in Ancient India, Indian Press, Allahabad (1927)
 Sen, A.K., Studies in Ancient India Political Thought, Calcutta (1926)
 Nath, Nagendra, Law, Aspects of Ancient India Polity, Oxford University Press (1921)

MEDIEVAL INDIA
 Cambridge, Economic History of India -Vol I. c.1200 -c 1750, Hyderabad, (1984)
 Chitnis, K.N., Socio-Economic Aspect of Medieval India, Pune, (1979)
 Qureshi, I. A., The Administration of Mughal Empire, Patna, (1973)
 BharatiyaVidyaBhavan, History and Culture of Indian People,, vol. III & IV,
BharatiyaVidyaBhavan Publication (1966)
 Chandra, Satish, Medieval India, A History Textbook, for class X, NCERT
 Sharma S.R., Mughal Government and Administration, Bombay, (1951)

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Note: Students are expected to read latest journals, periodicals, reports and articles to keep abreast
with the recent trends and developments in this subject.

Suggested Evaluation Methods: Tutorial, case analysis, cases and open problems, essays, seminar
presentations, viva-voce, quiz, drafting, moot court, mock trial, learning logs/diaries, computer
based assessment, simulated interviews, objective structured clinical examinations.

Institutes where similar course is being taught:

1) SLS, Noida,
2) Sir Siddappa Kambali Law College, Karnatak University, Dharwad
3) Jodhpur National University, Jodhpur, Rajasthan.
4) University School of Law and legal studies, Guru Gobind Singh Indraprastha University,
Kashmere Gate, Delhi – 110403

Dr. Shweta Sinha Dr. Afshan

Name of
Deshpande Alok Oak Khaliq Parkar Majid
Member
(Chairperson)
Deputy Visiting Assistant Visiting
Director, Faculty Professor Faculty
Designation
Associate
Professor
Org. / Inst. SSLA SSLA SSLA SSLA

Signature

Name of the Expert:

Signature:

Date: 18 Nov 2018

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