One of the activities of the Andhra Pradesh State Archives is publication of research monographs on history, culture, sociology, public administration and allied subjects, particularly pertaining to the Deccan region. So far, sixteen such monographs have been published. This is the seventeenth one.
A most interesting feature of the former Hyderabad State was that it was multi-religious, multi-cultural and multi-linguistic. And rightly did the late Jawaharlal Nehru characterised Hyderabad State as a "miniature India". Generally, the administration of the former Princely Stales had its own inherent drawbacks stemming from an outmoded feudalistic set up. There were some exceptions however, one of these was the Hyderabad State. Aided by able and upright top administrators with vision and foresight, the successive Nizams were able to initiate many a modern method of administration not then in practice even in "British India". To cite an instance: in the year 1876, the then Prime Minister Nawab Sir Salar Jung issued a formal Government notification "ordering all the officials to see that they should be strictly careful regarding the prohibition of sati, failing which the Government would take severe action against them." (One should pause to note that we are just now contemplating to give special powers to the sub - divisional Officers in the matter of prohibition of sati).
One of the pioneering reforms initiated by the Nizams, way back in 1885 to begin with, was the separation of judiciary from the executive an act of faith, enshrined as one of the Directive Principles in our Constitution in 1950.
This study, drawing on original Persian and Urdu sources, and accounts by contemporary historians and biographers, elaborates the evolution of this (the then) modern system of judicial administration under the Nizams from 1724.
The Nizams who may be regarded as the 'Grand Mughals' of the Deccan were the true successors of the grand traditions and culture of the Mughals. They were the builders of what is popularly called the 'Hyderabadi culture' which is a true synthesis of Hindu and Muslim cultures. As Pandit Jawaharlal Nehru characterised, it was a miniature India and a meeting Place of the North and South Indian languages and Cultures. The Hindus and Muslims were regarded by the rulers as their two eyes. Though first Persian and then Urdu were the official languages, regional languages were not neglected. If the Nizams' State was the cradle of the grand Hyderabadi culture, it was also the first State in the country where the celebrated principle of independence of Judiciary was preached and practised. Indeed, it was one of the sound, principles that provided a base for the Hyderabad culture known for its religious and linguistic tolerance.
The theme of this study is to examine as to how far the Nizams, the rulers of the Hyderabad State between 1724-1948 succeeded in maintaining the spirit of Justice and fair play in public affairs by effecting institutional changes from time to time in the system bequethed by the Mughals. As the heirs of the Mughal Emperor in the Deccan, the Nizams inherited a system which remained by and large, intact under the early Nizams. It continued to afford a broad base under the latter Nizams who modified it by adaptation to the changing circumstances of the country. Thus since the days of Sir Salar Jung the Hyderabad State drew heavily upon the British system of Judiciary as operative in British India and in the United Kingdom. By effecting the separation of the Judiciary from the Executive, the later Nizams made pioneering efforts in this direction in India. The study assumes greater importance in the context of Indian Constitution which has enjoined the State Governments to. separate judicial functions from those of the executive.
The story of the rise and development of the judicial institutions under the Nizams is placed together largely from the original sources available in English, Persian and Urdu, published and unpublished. The author has made extensive use of the Government records, viz., office notes, office orders, judgements, paybills, petitions and budgets, in addition to the Judicial and Administrative Reports, Acts, Constitutional Rules and Notifications for deeper insights into the judicial administrative process.
The period, 1724-1853 had only a very few chroniclers who dealt with the administration of the State and much less with the judicial system. Where they have made casual references to the judicial system while describing the character of the ruler, their accounts are so meagre and incomplete that hardly can they be used for weaving them into a connected history of the administration of justice during the period. There would have been a serious gap but for the compilations of the "Masar-e-Nizam" and the "Zwabith-e-Huzur Pur Noor" by Lala Mansa Ram, the "Quvanin-e-Hyderabad" by Syed Mohiuddin Maghrabi, the Mir Adl, and the office-notes and the paybills found in the Andhra Pradesh State Archives. For better understanding of the socio-political climate which surrounded the judicial institutions the works of the contemporary historians and biographers have been largely relied on. For proper appreciation of the decision to separate the Judiciary from the Executive and the actual operation of the separation scheme, the author was able to administer questionnaire to Chief Justice Mirza Yar Jung who was its main architect.
An attempt is made to cover everything of importance by the simple device of stressing theory and principle and then combining them with case illustrations so as to make the discussion concrete and realistic. By a case is meant an actual situation arising in the administration of justice. The study of the cases enabled the author to gain an insight into many issues of the administration of justice. The study of the cases enabled the author to gain an insight into may issues of the administration of justice prevalent in the State and to interpret it in the light of modern theories and principles.
The work is divided chronologically into three parts. The First Part covers the period falling between 1724 and 1853 when the Mughal judicial system was in operation with a few special efforts to suit local requirements. The Second Part dealing with the period between 1853 and 1883, highlights practically the record of efforts and achievements of the great administrator of the State namely, Sir Salar Jung, while the Third Part covering the remaining period, viz., 1883-1948, traces mainly the struggle for and adoption of the great reform of separation of the Judiciary from the Executive and the reconstruction of the highest Court of the State on the lines of its counterparts in British India. Every part is prefaced by a brief account of the functioning of the political and legal institutions ill their environmental and institutional setting.
The study has utilised comparative method extensively. Thus the First Part presents a comparative study of the judicial institutions under the Mughals and the Nizams. It is subdivided into two parts: the first, 1724-1821 when the Mughal judicial system remained practically unchanged and the second when the Diwans of the State made improvement in the system. Similarly, the second and third Parts also present comparative picture of the Hyderabad State and the British Provinces in the field of judicial administration. Each Part ends with a brief analysis of the roles of the supporting institutions, like the Police, the Jails, the British Resident and finally the Revenue Court. The last Chapter consists of a few legal cases of complicated character to depict the legal capacity of the judges in dealing with them.
This study is a doctoral thesis submitted to the Osmania University, Hyderabad for the award of Ph.D. degree in Political Science in March 1957. It was accepted for publication by the Andhra Pradesh State Archives.
The author wishes to acknowledge gratefully the assistance he had from Prof. Yusuf Husain Khan, formerly Head, Department of history, Osmania University and Pro-Vice-Chancellor, Aligarh Muslim University. He is also grateful to Prof. Gledhill, Professor of the School of Oriental Studies, London University and Prof. V.K.N. Menon, formerly Director, Indian Institute of Public Administration. New Delhi, who read the work and offered valuable suggestions.
Also, the author places on record the typographical assistance he received from Shri Syed Mahmood Ali of the Regional Centre for Training and Research in Municipal Administration, Department of Public Administration, Osmania University.
He is also thankful to the Osmania University for permitting him to publish the work and to the Andhra Pradesh State Archives for taking the responsibility for publishing it.
Last but not least, the author acknowledges the encouragement he received from his family particularly his wife Mohammadi Begum in undertaking the study for its submission to the Osmania University and subsequently for revising it for purposes of publication.
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