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Some Notes on Ownership of the Soil in Ancient India

By U. N. Ghoshal

Vol. 7 · No. 3September - 1931pp. 658–663English

Summary

Responding to critics of his Agrarian System of Ancient India, U.N. Ghoshal uses this note to clarify his position on the nature of land ownership in ancient Indian society. He reiterates that while kings exercised certain regalian rights—such as tax collection, seizure of escheated property and the granting of waste land—these did not amount to ultimate ownership of all land. Instead, private and collective property rights existed alongside royal prerogatives. Ghoshal argues that the Permanent Settlement analogy is misleading and emphasises that literary sources and inscriptions show peasants and communities holding hereditary rights. He also contends that it is inappropriate to extrapolate land tenure systems from isolated passages in the Arthaśāstra without corroborating evidence. The note closes by urging scholars to distinguish between ownership and sovereignty when analysing ancient agrarian relations.

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Conclusion

Ghoshal reinforces his thesis that ancient Indian kings were not owners but guardians of the land, exercising certain fiscal and administrative rights without negating private property. The clarification aims to correct misconceptions and encourage nuanced interpretations of agrarian texts.

Key passages

Chosen by AI from the article's text. Each one is checked word for word against the text before it is shown.

  • “In favour of the theory of Crown ownership of the soil we have :—(a) the express statements of Kityiyana, Gautama, Manu (with Medhatithi) and Bbattasvimin, (&) the evidence of Megasthenes and the Chinese travellers,”
  • “Against this we have (2) the dictuin of Jaimint, VI, vii, 2, that the land 15 'unreserved for all', sarvis pratyavidiglatvit, which a series of later writers—Sabara, Madhava and Khandadeva in loco as well as Nilakantha in his Vysvakara-mayuktiia—explain to mean that the kingis not the owner of the soil, but only its guardian ; () the references of the Smrtis and Kautalya to-uli=nations of land, and {g) the records of such alienations 10 inscriptions,”?”
  • “To sum up the results of the above discussion, Dr, Barnett has faited to prove out of his first group of points that the Crown was the owner of the soil while his attempt to whittle down the evidence of the last two points has met with no better success”

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Vol. 7 · No. 3

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