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Report No. 76

1.11. Yajnavalkya and Narada.-

Yajnavalkya1 refers to three types of popular courts (Puga, Sreni, Kula), and Narada2 states that law-suits may be decided by village councils (Kulani), corporations (sreni), assemblies (puga in Yag., gana in Nar.)3

It is remarkable that, having recognised the relevance and validity of arbitration proceedings before judges not statutorily appointed who were almost in the position of arbitrators, appeals were provided against the decisions of these arbitration courts to the courts of judges appointed by the King and ultimately to the King himself. As Dr. Kane observes,4 the three courts mentioned by Yajnavalkya and Narada were practically arbitration tribunals like the modem panchayats. Thus, it is clear that ancient Hindu Jurisprudence recognised two methods by which disputes between citizens could be decided; one was by judicial process in the courts established by the King, and the other by the different categories of arbitration institutions.

1. Yajnavalkya II, 30.

2. Jolly, S.B.E., 33 (Narada), p. 6.

3. Kane History of Dharamsastra, (1946), Vol. 3, p. 280, cited by Dr. P.B. Ganjendragadkar in his address to the Fifth International Arbitration Congress, Proceedings of the Fifth International Arbitration Congress, (7-10 January, 1975), pp. 81-3 to BI-4.

4. Kane History of Dharmasastra, (1946), Vol. 3, p. 230.

Arbitration Act, 1940 Back

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