Dr.R.Nagaswamy #6B8E23 One of the greatest contribution of democracy to human life is the right of every individual to express and participate in the country's affairs. (There is a common belief that this concept is of comparatively recent origin, say within the last three centuries - and was the gift of Western nations that has spread to the other parts of the world.)While this is an ideal form, it is seen in reality from contemporary events in different parts of the world, it has its weakness too and frequently those who come to power, soon manipulate, under some pretext or other, to perpectuate their own power. Keeping this in view it would be interesting to know whether in ancient times, when monarchy wielded absolute power, the individual had any say in the administration of the affairs of his country. The second point of enquiry which would interest the modern man, is whether there was any written document like the modern constitution that specified the rules, qualification, and mode of elections and in the event of failure on the part of any, whether there were powers to remove the individual. The third point of interest would be whether, in the light of experience or as a result of intellectual dialogue, the society had freedom to amend or alter the system (Constitution) for better efficiency. An attempt is made in the following lines to discuss these points on the basis of ancient documents. One of the most outstanding dynasty of rulers that ruled the country about 1000 years ago, was the Chola dynasty. From about 850 to 1250 CE they held sway over the southern region of India, perfecting administration, judiciary, art and literature. They have left in their records, in clear terms what were their ideals and what they were aiming to achieve. The inscriptions of Raja Raja Chola II, (1150 CE) found in many parts of Tamilnadu, specifically mention that their goal was that every individual in their country should feel satisfied that he had a full, free, independent and happy life. "Ellorum tanitanniye Vaalntanam ena manam mahilndu", says his prasasti. They also wanted to rule in such a maner that there was no hatred or bickerings between one life and the other; and one man and the other and that they should all live freely and happily with each other. "Oruvarudan Oruvarkkum, Veruaru Pahamai manathu intri Vilaintu Kaadal Udan Cera". It is clear from the above epigraphs, that the Chola monarchs kept in their mind the right of every individual to lead a full and free life. They seemed to have been conscious that to usher in economic or social equality was an utopian ideal, but it was their duty to create practical simple conditions in which there will be no hatred between one individual and the other or between one section of the society and the other. The emphasis was that such a feeling should arise in the mind of every individual. In other words, individual freedom was not only recognised but also assured. The second point of interest is how the individual participated in the affairs of the country. Though the King was recognised and accepted as the individual in whom the ultimate authority was vested and there were commanders to maintain law and order, and officials to collect taxes, yet the main administrative functions that touched the life of the people were in the hands of the village assembles, every individual participated and had a say. This is what the present writer would like to call "grass root democracy". Though in ancient times the religious life of the individual was controlled by the cannons of the clan (called Kuladharma in the Dharma Sastras), and there were trade guilds, agricultural guilds, artisan guilds etc., yet the corporate life of all the groups as a whole was in the hands of the village assemblies which dealt with the secular life of all the communities of the Village. An inscription, dated around 920 CE in the reign of Parantaka Chola from Uttaramerur, near Madras (in Tamilnadu) is an outstanding document in the history of India. It is a veritable classical written constitution of the village assembly that functioned one thousand years ago. It gives astonishing details about the constitution of wards, the qualifications of candidates standing for election, the disqualifications, the mode of election, the constitution of committees with elected members, the functions of the various committees and the power to remove the wrong door etc. The village assembly of Uttaramerur met and drafted the Constitution for election. The salient featues of the Constitution for election are as follows. The village was divided into 30 wards. One representative was to be elected for each ward. Specific qualifications were prescribed for those who stood for election. The essential qualifications were, age limit, possession of minimum immovable property and minimum educational qualification. The one who was to be elected should be above 35 years of age and below 70. This minimum age limit was considered essential because those who were entrusted with Public administration should have attained maturiy by a certain measure of experience gained through the age. The upper age limit was prescribed, so that the elected person does not perpetuate himself in power even after attaining the age of 85 or 90 or perhaps even till death, by keeping themselves in power for such ripe age, they would create a sense of frustration in the younger generation and there would be no smooth or gradual change over. The miinimum property qualification was prescribed, because, the members elected to the assembly will be administering public property and therefore ought to have had some experience in administering property and in the event of loss, should have security by way of inmovable property for recovery. It is interesting to see that the rule prescribed, that he should posses 1/2 of a Veli of tax paying land (not tax-free holding). Another interesting stipulation was that he should possess a built house in his own site (not in public land like Porambokku). A minimum educational qualification was prescribed, so that the elected member would have acquired the basic discipline, in understanding and drafting suitable legislation. Besides these, a candidate ought to be an honest man and acquired his property through honest means (and not one who took shelter under legal intricasies and appeared honest). Another point of interest is that the candidate was known for his administrative ability (Kaaryattil nipunar). The disqualifications detailed are far more severe and will come as an eye opener to the students of constitutional history. The disqualifications were far more severe and is illustrative of the great care, the Chola Society attached to moral values and conduct in public life. Among the disqualifications listed, the one that tops the list relates to the rendering of public accounts. 1)One, having been elected to one of the public committees, did not render proper accounts at the end of a year was disqualified from standing for the election through out his life. 2) Any elected member who accepted bribe was also permanently debarred from standing for elections. 3) One who misappropraited any property was also disqualified. 4) One who acted against the interest of the society (here the village) and was a potential danger to the peaceful life of the people (graama Kantaka) was also debarred from election. 5) One who was found guilty of incest and other sins, had also no place in the village assembly. It was not only the individual who was guilty of anyone of the above acts, but all his relations in the fahter's family, the mother's family and his wife's family were permanently debarred. Even those who administered purificatory rites to any one of the sinners were also debarred. Having detailed the disqualifiations, the record gives the mode of election. The names of all those who had the required qualifications and were free from disqualifications in each ward were to be written on separate leaves that were fastened as bundles. On an appointed day all the members of the village were to assemble at the village assembly hall. All the village elders present in the village on that day were to be seated on a raised platform and the election held for one ward after another. There were for each ward, separate pots in which the bundle of leaves were to be placed. An illiterate young boy was to be requested to come to the platform and pull out one leave from each pot and hand it over to the village Scribe(madhyastha). The village madhyastha was to stand up and before receiving the leaf, show his opened palm to all the assembled villagers (to indicate that he had not hidden illegally any leaves wth the name of his favourite) and then receive the leaf from the boy, and read loudly the name found on it. He should then pass it on to the elders seated on the platform. Each elder should also verify the name on the leaf and read aloud. The person whose name was found on the leaf was deemed to have been elected. Similarly all the members will be elected. Among the thirty members thus elected, those who were old, highly learned, and who have served earlier on Tank Committee or agricultural committee would be elected as members of the annual supervision committee which is the most vital committee. Among the rest, the young and energetic, from whom physical exertion was expected, would be chosen for the tank committee and agricultural committee. It was the duty of the tank committee to see that all water sources in the village were kept in good condition and disilted at appropriate times. Similarly the duties for each committee were defined. The members thus elected will serve for one full year. Once a person serves in any of the committee, he is not eligible for three more years to stand for election. When one, who is on the Committee is found guilty of any offense he shall be removed, at once. Having detailed the mode of election as found in the inscribed record of 10th century, it is now necessary to understand the positive aspects of this system. This is a simple and most inexpensive system of election, conceived of in ancient times. The impersonel mode of election eliminated hatred and bickerings between one candidate and the other. All the able efficient and duly qualified could offer themselves as candidates and given chance would participate in the affairs. Since the term of office was restricted to one term only and as one who served for one term was debarred for three years, other members of the village community got equal opportunity and there was no room for any frustration. Every individual of the village was sure of an opportunity atleast once to get elected in about 35 years of his active life. The transitions from one generation to another, was not only be smooth but also imperceptible. The age restriction ensured certain maturity of thought and the terminal age assured that the aged should leave the affairs in the hands of the active generation. The emphasis on good conduct and moral values, known to every member of the community, ensured honest men handling public life. That the faltering men would be thrown out at any stage acted as a brake on mischivous elements, continuing or grabling power. The ideal of the Cholas that every citizen should have a full independent life, as mentioned in their preamble to their charters, assumes meaning in this context. The Cholas primarily addressed themselves to organise such duly elected village assemblies through out their kingdom. As a result of such village assemblies functioning through out the Chola territory, the society reached perfection in every walk of life. The moneyed and well to do came forward in large numbers to endow wealth and property in the hands of the village assemblies, for they were assured that these endowments would be properly utilised. The ultimate result was art, architecture, literature and public life flourished and reached their height and the age was rightly described as the golden age of the Cholas. This system of grass root democracy, as judged from the result proved itself to be the most dynamic system that has functioned in Tamilnadu efficiently for well over 400 years from about 900 A.D. Many changes have taken place in the lives of the people, especially due to scientific discoveries in recent periods, necessitating a constant readjustment. However one of the new elements that has taken root in the village life is the introduction political, party system, which keeps various sections of the village community in a state of tension, dividing their loyalties. The age, security and qualifications for elections prescribed in ancient times have been whittled down in modern times with the result the function of village democracies have lost their vitality. Honesty and interest of the village community has been forced out in modern times and the party loyalties considered paramount. Whether a move is right or wrong,or whether the move is for the benefit of the village or not, party line is considered most important, for it is the gateway to capture of higher power. That the Government frequently dissolved several village pancayats due to party affiliations and corruptions and maladinimistrations, shows that in the 20th Century there is no grass root democracy functiong as effectively as the 10th Century Chola Villages. Whether the ancient system could be revived now is not the concern of the present writer - this falls within the realm of the political scientists - but it is essential to know that a better and efficient system was in force in this soil in which every individual of the country participated in a more active and fruitful way. One more point that needs notice, is whether the village assemblies had power to amend the constitution. Incidently the very same epigraph from Uttaramerur throws valuable light on this point. The same village assembly met earlier in the 12th year of the same king Parantaka (918 A.D.) drafted a constitution, but it was brief and at places seems to have been vague, So two years later the Constitution now under study was drafted. A study of the second one shows that the later one is detailed, clear and at places shows amendments to the first one. This clearly demonstrates that there was enough freedom for the ancient Tamil villages,to frame suitable constitutions for elections to village assemblies, and that such constitutions were written documents, drafted clause by clause with meticulous care, and when necessity arose, were also amended to give fuller participation to all members and express themselves in the affairs of the administration. The questions why such a system disappeared from the scene and whether the framers of our modern constitution were aware of the functioning of such village democracies needs separate study. TRANSLATION OF THE ORIGINAL UTTARAMERUR INSCRIPTION* King: King Parakesarivarman, who conquered Madurai. Date: On the sixteenth day of the fourteenth year. Royal order: Whereas a royal letter of His Majesty, our lord, the glorious Viranarayana, the illustrious Parantakadeva, the prosperous ParAkesarivarman, was received and was shown to us, The village: We,the members of the assembly of Uttarameru-caturvedimangalam in its own sub-division in Kaliyurkottam, Officer present: Karanjai Kondaya-Kramavitta bhattan alias Somasiperuman of Srivanga-nagar in Purangarambai-nadu, a district of the Chola country, Settlement:sitting with us and convening the committee in accordance with the royal command, made a settlement as follows according to the terms of the royal letter for choosing once every year from this year forward, members for the "Annual Committee", 'Garden Committee", and "Tank Committee", Wards: There shall be thirty wards, Qualifications: in these thirty wards, those that live in each ward shall assemble and shall choose for "pot-tickets" (Kudav-Olai) anyone possessing the following qualifications: (a) "He must own more than a quarter veli of tax-paying land; (b) He must live in a house built on his own site; (c) His age must be below 70 and above 35; (d) He must know the Mantra-brahmana i.e., he must know it by teaching others; (e) "Even if one owns only one-eighth veli of land, he should have his name written on the pot-ticket to be put into the pot, in case he has learnt one Veda and one of the four bhasyas by explaining it to others. Among those possessing the foregoing qualifications: (f) Only such as are well conversant with administration and are virtuous shall be taken and (g) One who possesses honest earnings, whose mind is pure and who has not been on any of the committees for the last three years shall also be chosen. Disqualifications: (a) One who has been on any of the committees but has not submitted his accounts, and all his relations, specified below, shall not have their names written on the pot-tickets and put in the pot; (b) The sons of the younger and elder sisters of his mother, (c) The sons of his paternal aunt and maternal uncle, (d) The uterine brother of his mother, (e) The uterine brother of his father, (f) His uterine brother, (g) His father-in-law, (h) The uterine brother of his wife (i) The husband of his uterine sister, (j) The sons of his uterine sister, (k) The son-in-law, who has married his daughter, (l) His father, (m) His son; (n) One against whom incest (agamyagamana) or the first four of the five great sins are recorded, (o) All his relations above specified shall not have their names written on the pot-tickets and put into the pot; (p) One who is fool-hardy; (q) One who has stolen the property of another; (r) One who has taken forbidden dishes (?) of any kind and who has become pure by performing expiation; (s) One who has committed sins and has become pure by performing expiatory ceremonies; (t) One who is guilty of incest and has become pure by performing expiatory ceremonies. (u) All these thus specified shall not to the end of their-lives, have their names written on the pot-ticket to be put into the pot for any of the committees. Mode of Election: Excluding all these, thus specified, names shall be written for pot-tickets in the thirty wards and each of the wards in these twelve streets of Uttaramerur shall prepare a separate covering ticket for each of the thirty wards bundled separately. These packets shall be put into a pot. When the pot-tickets have to be drawn, a full meeting of the Great Assembly, including the young and old members, shall be convened. All the temple priests, (Numbimar) who happen to be in the village on that day, shall, without any exception whatever, be caused to be seated in the inner hall, where the great assembly meets. In the midst of the temple priests, one of them, who happens to be the eldest, shall stand up and lift that pot, looking up-wards so as to be seen by all people. One ward, i.e., the packet representing it, shall be taken out by any young boy standing close, who does not know what is inside, and shall be transferred to another empty pot and shaken. From this pot one ticket shall be drawn by the young boy and made over to the arbitrator (madhyastha). While taking charge of the ticket thus given to him, the arbitrator shall receive it on the palm of his hand with the five fingers open. He shall read out the name in the ticket thus received. The ticket read by him shall also be read out by all the priests present in the inner hall. The name thus read out shall be put down (and accepted). Similarly one man shall be chosen for each of the thirty wards. Constitution of the Committee: Of the thirty men thus chosen, those who had previously been on the Garden committee and on the Tank committee, those who are advanced in learning, and those who are advanced in age shall be chosen for the Annual Committee. Of the rest, twelve shall be taken for the Garden committee and the remaining six shall form the Tank committee. These last two committees shall be chosen by showing the Karai. Duration of the Committee: The great men of these three committees thus chosen from them shall hold office for full three hundred and sixty days and then retire. Removal of Persons Found Guilty: When one who is on the committee is found guilty of any offence, he shall be removed at once: for appointing the committees after these have retired, the members of the Committee "for Supervision of Justice" in the twelve streets of Uttaramerur shall convene an assembly kuri, with the help of the Arbitrator. The committees shall be appointed by drawing pot-tickets according to this order of settlement. Pancavara and Gold Committees: For the Pancavara committee and the Gold committee, names shall be written for pot-tickets in the thirty wards. Thirty packets with covering tickets shall be deposited in a pot and thirty pot-tickets shall be drawn as previously described. From these thirty tickets chosen 24 shall be for the Gold committee and the remaining six for the Pancavara committee. When drawing pot-tickets for these two committee next year, the wards which have been already represented during the year in question on these committees shall be excluded and the reduction made from the remaining wards by drawing the Karai. One who has ridden on an ass and one who has committed forgery shall not have his name written on the pot-ticket to be put into the pot. Qualification of the Accountant: Any Arbitrator who possesses honest earnings shall write the accounts of the village. No accountant shall be appointed to that office again before he submits his accounts for the period during which he was in office to the great men of the big committee and is declared to have been honest. The accounts which one has been writing, he shall submit himself and no other accountant shall be chosen to close his accounts. King's order: Thus, from this year onwards, as long as the moon and the sun endure, committees shall always be appointed by pot-tickets alone. To this effect was the royal letter received and shown to us, graciusly issued by Lord of lords, the emperor, one who is fond of learned men, the wrestler with elephants, the crest jewel of heroes, whose acts i.e., gifts, resemble those of the celestial tree, the glorius Parakesarivarman. Officer present: At the royal command, Karanjai Kondaya Kramavitta bhattan alias Somasiperuman of Srivanga-nagar in Purangarambai-nadu, a district of the Chola country, sat, with us and thus caused this settlement to be made. Villager's decision: We, the members of the assembly of Uttarameru Caturvedimangalam, made this settlement for the prosperity of our village in order that wicked men may perish and the rest may prosper. The scribe: At the order of the great men, sitting in the assembly, I, the Arbitrator Kalarip pottan Sivakkuri Rajamallamangalapriyan, thus wrote this settlement.