Tamil Nadu National Law University

History Research Proposal

The Contrast between Legal systems in Ancient North India and South
India

Date:

13-08-2019

Done By:

U. Gokul

BA0170021

Email ID: gokulu_ug17@tnnlu.ac.in

 Introduction

The ancient Aryan rulers of India were confronted by political, economic, and social problems in
many ways similar to those with which modern British statesmen and social reformers are
struggling, and their solutions of them, according to all the evidence of history, were much more
satisfactory to the people at large than any which modern Europe has found. The freedom and
general happiness attained by the people of Great Britain with the help of Parliamentary
institutions and the richest revenues of the world can hardly be compared with that which Indians
within the Aryan pale enjoyed both before and after the fifth century A.D.—the time which we
regard as Dark Age. The Indo- Aryan constitution, built up by the highest intelligence of the
people upon the basis of the village communities, and not wrung from unwilling war-lords and
landlords by century-long struggles and civil war, secured to the Indian peasant-proprietor not
only the ownership of the land, but very considerable powers of self government. From 300 A.D
to 1192 A.D India is said to worlds most developed country, its GDP was equivalent to 25% of
worlds GDP, followed by China which had 15% share in World GDP. India has the oldest
judiciary in the world. No other judicial system has a more ancient or exalted pedigree. But
before describing the judicial system of ancient India I must utter a warning. The reader must
reject the colossal misrepresentation of Indian Jurisprudence and the legal system of ancient
India by certain British writers. I shall give a few specimens. Henry Maine described the legal
system of ancient India "as an apparatus of cruel absurdities".

Research Question

1. What were the Judicial remedies available in both legal systems?

2. Could the Death penalty awarded be challenged?