History of Indian law - Wikipedia, the free encyclopedia

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History of Indian law

From Wikipedia, the free encyclopedia

Law in India primarily evolved from customary practices and religious

prescription to the modern well codified acts and laws based on a
constitution. Though the recorded history of law starts only in the Vedic
period, it is widely believed that ancient India had some sort of legal
system in place even during the Bronze Age and the Indus Valley
civilization.[1] The various stages of evolution of Indian law is classified
as that during the Vedic period, the Islamic period, the British period and
post independence.

Contents
1 Vedic period
1.1 Sources of classical Hindu law
2 Administration of Justice During Vedic Period
3 References

Vedic period
In comparison with modern law, the classical Hindu law was a peculiar
legal system as it followed a unique arrangement of law and polity with
a unique scheme of values. Ancient India represented a distinct tradition
of law, and had a historically independent school of legal theory and
practice. The main aim of the law in the Vedic period was to preserve
"dharma" which means righteousness and duty.[1][2] Dharma consists of
both legal duties and religious duties. It not only includes laws and court
procedures, but also a wide range of human activities like ritual
purification, personal hygiene regimes, and modes of dress. Dharma
provided the principal guidance by which one endeavored to lead his
life.

The Constitution of India is the

longest written constitution for a
country, containing 444 articles, 12
schedules, 94 amendments and
117,369 words.

Manusmriti

Sources of classical Hindu law

The sources of law during this period were Sruti, Smriti and acharas (customs). Sruti consist of the 4 Vedas
namely Rigveda, Yajurveda, Samaveda and Atharvaveda. These Vedas chiefly dealt with religious duties,
practices and customs. The second source is called Smriti, which literally means 'as remembered' and refers to
tradition. They are the humanly authored written texts that contain the collected traditions.
Some of the most prominent Smriti are Dharmashastras which includes Manusmriti (200BC-200CE);
Yajnavalkya Smriti (200-500CE); Naradasmriti (100BC- 400CE); Visnusmriti (700-1000CE); Brhaspatismriti
(200-400CE); and Katyayanasmriti (300-600CE). These texts were often used for legal judgments and opinion.
They dealt with the subject matter of dharma and were guidebooks on dharma with rules of conduct and rites.
Dharmasutra (the first four texts of the Dharmashastra) discuss the rules for duties for all the ashrama: the

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student-hood, the house holdership, the retirement or forest dwelling, and renunciation. Also, they provide the
rites and duties of kings and court proceedings. Other issues that are Dharmasutras cover include rules about
one's diet, crimes and punishments, daily sacrifices, and funeral practices.
Dharmashastra contains three categories or topics. The first is the chra, which provides rules on daily rituals,
life-cycle rites, as well as specific duties and proper conduct that each of the four castes or varnas have to
follow. The daily rituals include practices about daily sacrifices, the kind of food to eat and how to obtain them,
and who can give and who can accept religious gifts. The life-cycle rites are the rituals that are conducted on
important events in one's life like birth, marriage, and tying of the sacred thread. Acharas also provide rules for
duties for all the ashrama. Ashrama are the four stages of life that include: Brahmacharya (thestudent life),
Grahastha (the householder), Vanaprashta (the forest dweller), and Sanyasa (the renouncer). The second topic
enumerated in the Dharmashastra is the 'vyavhara'. Vyavahara are laws and legal procedures. They include
the'rajadharma' or the duties and obligations of a king to organize court, listen and examine witnesses, decide
and enforce punishment and pursue justice. The third category is called the 'pryaschitta', which lays down rules
for punishments and penances for violating the laws of dharma. They are understood to remove the sin of
committing something that is forbidden.
During the Vedic period the legal procedures including that of filing case were called vyavahara. The equivalent
of modern plaint was called "purvapaksha", and that of written statement as "uttar". The trial was called "kriya"
and verdict as "nirnaya". The profession of lawyers or advocates were unknown during this period. Trial by jury
and trial by ordeal were the two types of trials that existed during the period. According to J. Rama Jois the
ancient Indian and constitutional system had established a duty based society.[3] It postulated that everybody
from the king to the lowest of society is bound to fulfil his/her duty towards the society. This was same for the
whole of India, notwithstanding the existence of larger and smaller kingdoms and the supremacy of Dharma
(law) over the kings as declared in the authoritative texts was respected in letter and spirits/[4] Thus there were
no absolute monarchies. The Dharmasastras asked the kings to look upon the people as God (Praja Vishnu) and
serve them with love and reverence.[4] The doctrine of "king can do no wrong" was not accepted and the king
himself was subjected to law.[4][5]

Administration of Justice During Vedic Period

In ancient India, Naman was regarded as the fountain of justice has to act as the lord of Dharma and was
entrusted with the supreme authority of the administration of justice and his foremost duty was to protect the
rights of his subject. The King's Court was the highest court, next to which came the court of the Chief Justice
(Pradvivaka). The King's Court was the highest court of appeal as well as an original court in cases of vital
importance to the state. In the King's Court the King was advised by learned people like Learned Brahmins, the
ministers, the Chief Justice etc. As mentioned by Brihaspati, there were four kinds of tribunals, namely,
stationary, movable courts held under the royal signet in the absence of the King, and commissions under the
King's presidency. So there was hierarchy of courts. In villages, the village councils (Kulani) dealt with simple
civil and criminal cases. At a higher level in towns and districts the courts were presided over by government
officers under the authority of the King to administer justice. In order to deal with problems among members of
artisanal class, traders etc. trade guilds were authorised to exercise an effective jurisdiction over their members.
Family courts were also established. Puga assemblies made up of groups of families in the same village decided
civil disputes amongst family members. Minor criminal cases were dealt with by judicial assemblies in villages
whereas criminal cases of a serious nature were presented before the central court usually held under the King
or royal authority. The appeal system was practised and the King was the highest body of appeal. One
significant feature of the ancient Indian legal system was the absence of lawyers.[6] Another notable feature was
that a bench of two or more judges was always preferred to administer justice rather than a single individual

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being the sole administrator of justice.[7]

References
1. http://www.cbseacademic.in/web_material
/doc/Legal_Studies/XI_U3_Legal_Studies.pdf
2. The Oxford Dictionary of World Religions, Dharma
(http://www.encyclopedia.com/topic/dharma.aspx#1)
3. Rama Jois , Seeds of Modern Public Law in Ancient
Indian Jurisprudence (1990 En, Eastern Book
Company) pp. 1-2.

4. B.M. Gandhi, Landmarks in Indian Legal and

Constitutional History, page 6
5. P.V. Kane, History of Dharmasastra, Vol.III, p.25
Quoted by Rama Jois
6. P.V. Kane, History of Dharmasastra, Vol. III, Chap.
XI, 288-289
7. K.P. Jayaswal, Hindu Polity, 313

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