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    Chapter- II

    Historical Perspective

    2.1 Introduction:

    The historical background of the Office of the Governor can be

    traced since ancient India. Indian civilization dates back to at least 6500 BC, which

    perhaps makes it the oldest surviving civilization in the world. Earlier in the

    beginning of the Vedic age people did not have a settled and organized life. They

    were nomads but with development in agriculture they started to settle down in

    groups. These groups were mainly called tribal. With the passage of time large

    kingdoms started to grow. Provinces were present in ancient India as a form of

    political and administrative units.1

    With the concept of king the concept of Governor also came. It was

    not possible for the King to rule the empire alone. For the proper functioning of the

    empire, it became necessary for the King of the large empire to divide their

    kingdom into Provinces2. In ancient times there have been also democratic

    institutions, though their nature and composition could not be said to be the same as

    it is today3.

    The administration of the Provinces was under the control of the

    Governor but he was called by different names at different times. And the name, the

    1 Hare Krishna Mishra, Bureaucracy under the Mughals, Amar Prakaashan, Delhi, 1989, p. 128. 2 Prof. Anant Sdashiv Altekar, Prachin Bhartiya Shashan Padati, p. 180. 3 R.N. Pal, Nature of the State and Government in India policy, Journal of Parliamentary Studies,

    Vol. XIV, 1980, p. 36.

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    office of the Governor was started to be used, when the East India Company was

    granted charter for 15 years on December 31st 1600 by Queen Elizabeth.4 Before

    independence, Governor was mainly appointed by the King/Queen and after the

    independence he is appointed by the President on the recommendation of the

    Central Government. The Office of the Governor can be traced as under:

    2.2 Mauryan Dynasty:

    The Mauryan Empire was the first large, powerful, illustrious and

    centralized administration in the history of India. The Mauryas ruled India from 326

    BC to 184 BC. Main rulers of this dynasty were Chandragupta Maurya, Bindusara,

    and Ashoka. Maurya Empire was divided into a number of Provinces. In each

    Province there was a Governor.

    The Provincial Governor was directly appointed by the King and

    was usually a member of the Royal family. The Princes, when appointed as

    Governors were called Kumar- Mahamatras while the rest of the Governors were

    simply designated as Mahamatras. There were the Provinces which were formed as

    units of administration after dividing the imperial territories which were under the

    direct rule of the Mauryas. Yet there were another type of Provinces. These were

    the States, which had accepted the overloardship of the Mauryas but had been left

    free to be ruled by their own rulers.

    The number of Provinces during the period of Chander Gupta is not

    clear but Ashoka had at least four Provinces directly under his rule. Governor

    carried on administration under the guidance of the emperor, but it was difficult to

    4 Raghunath Patnaik, Powers of the President and Governors in India, Deep & Deep Publication,

    Delhi, 1996, p. 12.

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    control such a vast empire from a single centre because of the difficulty of

    communications in those days. They must have enjoyed wide and independent

    powers.5

    2.3 Gupta Dynasty:

    The imperial Gupta ruled over an extensive empire which was

    comprised of the whole of Northern India and a part of Southern India. Fahien

    wrote that administration was very good and peace and prosperity prevailed

    everywhere. The empire was divided into many Provinces. The Gupta selected

    suitable and trusted persons to serve as the provincial heads. Skanda Gupta has

    described his views about the qualities which go to make a good Governor in the

    Junagarh Rock Inscription. He selected persons endowed with intellect, modesty,

    wisdom, wisdom, truth, straight forwardness, nobility and discretion.6 A Governor

    was expected to possess sweetness of temper, civility of manner and fame. His

    mental caliber and honesty should have been tested and found pure. He was

    expected to have the inborn and natural inclination to discharge the debts and

    obligations which the State owed to its people. His mind should be occupied with

    the thought for the welfare of mankind. He should be capable of enforcing lawful

    acquisition, proper preservation and augmentation of wealth. He should be

    competent to bear all the burdens, maintain an effective control over the far-flung

    areas and have the capacity to meet the most difficult situation with competence.

    We know from the accounts of the reign of Kumara Gupta-I that the post of

    5 Prof. L. Prasad, A Simple History of India, Laksmi Narain Aggarwal Educational Publisher, Agra,

    pp. 81-82. 6 O.P. Singh Bhatia, the Imperial Guptas, Surjeet Book Depot, Delhi, p. 355.

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    viceroy, which was so far reserved for members of the royal family, was thrown

    open to the commoner, if they were found fit.7 Des was the largest administrative

    unit and was large enough to be equivalent to a modern Province.8

    The Governors of the Provinces were known as Uparikas. They were

    appointed by the emperor. When Princes of Royal blood were appointed to these

    posts they were called Maha-Rajputas or Devabhattaraka. The Provincial Governors

    enjoyed wide, independent powers. They appointed subordinate officers in their

    Provinces and could work independently in matters concerning public welfare.9

    They had to maintain internal order and protect the empire against external

    enemies’ contiguous territories under their charge.

    Provincial Viceroys being often Royal Princes had their own courts

    and ministers. Viceroys were required to follow the policy of the Central

    Government as communicated to them either by imperial writs or through special

    messengers. Communication being difficult they naturally enjoyed considerable

    autonomy. Like the Provincial Governors of East India Company before Regulating

    Act, 1773, they declare their own wars and dictating their own peace.10

    2.4 Mughal Period:

    The Mughal Empire was died into Provinces. Their number was 15

    in the time of Akbar. At the head of every Province there was a Governor, whose

    title in the time of Akbar was Sipah-Salar but under his successors it was changed

    7 Id. at 356. 8 Id. at 357. 9 Supra note 5 at 136. 10 Prof. Anant Sdashiv Altekar, State and Government in Ancient India, Motilal Banarsidas

    Publication, 1958, p. 211.

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    into Subedar or Nizam.11 Akbar divided his empire into well defined Province and

    established uniform administration in them. Provinces were not of uniform size or

    income. They were known as Subas.

    The Mughal Provincial system was a ‘Dyarchy’, with two heads,

    provincial Governor as executive head and diwan as revenue head and both were

    independent of each other.12 Besides the Provinces, there were within the empire

    many subordinate states which belonged to the chiefs, who had accepted Akbar as

    their Suzerain.13

    Sipah-Salar was commanded a fairly big force and he was popularly

    called Subehdar and sometimes only suba. In the thirty first year of his region,

    Akbar found it necessary, after due scrutiny, to appoint two men to each province,

    one of whom was of course the assistant or joint Governor and was expected to act

    in case the Chief Governor had to come to Court or be absent owing to some other

    cause.14

    Governor was vicegerent of the emperor and was appointed by him.

    He was responsible for the welfare of the people of his Province. His main duties

    were to maintain law and order in his Province, to enforce imperial decrees and help

    the collection of revenue. He was also administering the criminal justice. He was to

    appoint reliable and loyal men for police duty and for intelligence service. He was

    to encourage agriculture and construct works of irrigation, roads, gardens, hospitals,

    11 Ashirbadi Lal Srivastava, the Mughal Empire (1526-1803), Shiva Lal Aggarwal & Co. Agra,

    1959, p. 514. 12 Supra note 1 at 132. 13 Supra note 11 at 193-194. 14 Supra note 1 at 134.

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    wells and similar other works. He was to see that people enjoyed complete religious

    liberty. He was advised by wazir at the time of his departure, to take charge of a

    province, to keep himself in touch with important people in his Suba, to recommend

    worthy officials for promotion, to punish rebellious Zamindars, to send to the court

    fortnightly reports about notable occurrence in his province. He was also advised to

    keep his troops in proper trim, to be vigilant, to help the poor and to increase the

    cultivation by protection husbandmen.15 There was no regulation fixing the tenure

    of the office of Sipah-Salar.16

    Under Shahj