Legal System in Ancient

India
BY. RICHA R MULCHANDANI
Reason to study this Topic

 To have profound understanding on the process of evolution of law

 It is more to develop an aptitude to see with historical prospective; to look
things with is background
 Method is called cause and effects
 Causes could be many but our focus will be on effect and effect is
evolution of Law
 So studying evolution of law with dependent and independent variables
Unit I topic I Ancient Legal System

 Ancient Legal System :

 Concept of Dharma,
 Sources of law ,
 Civil Law in Ancient India,
 Law of Crimes,
 Law of Evidence,
 Administration of Justice ,
 Raj Dharma or Constitutional Law
Sources of Law: Manusmiriti

 Today available to us as 18 Dharmashastras, of which the work of Manu

(Manusmriti) is considered the most important and widely used.
 They are distilled and codified through observation, experience, analysis,
and the study of the Vedas, keeping in view the best interests of the
humanity and society. Hence, they are not entirely without the flaws of
humans. They are also not free from caste or racial bias. Hence, they are
vulnerable to criticism from the modern standpoint.
 However at the sometimes they are also rich in ethical code and code of
conduct to harmonies the principles of united living with peace.
Some basic information about
Manusmriti

 Regarded as oldest among the old

 Manu is regarded as first Law giver
 All later smiritikarasa are dependent on him
 Work has 18 sub-divisions of law
 Smriti divided into 12 chapters and 2694 verses
 It was one of the first Sanskrit texts translated during the British rule of India in
1794, by Sir William Jones.
 Used to formulate the Hindu law by the colonial government
12 Chapters

1. Creation of Universe
2. Definition of Dharma and Sources of Dharma
3. Celibacy studentship and marriage
4. Mode of Life- means of subsistence and house holder’s code of conduct
5. Rules Governing Food
6. Rules governing Forest Hermit
7. Rajdharma
12 Chapters

8.King’s duty related to administration of justice

18 titles of Law
King and Judges
Other persons as judge
Constitution of Sabha
Duty to restore stolen wealth
Creditor’s mean to recover Debts
Grounds on which plaintiff may fail to win his suits
12 Chapters

 9 Duties of husband and wife-partition- sonship- impartible estate, gains of

learning, the five major sins, the punishment
 10. Rules of Conduct
 Seven proper modes of Livelihood- on gifts
 Karma- the knowledge of Self- the highest mean of bliss
Some questions?

 How many chapters are there in ManuSmiriti?

 How many verses?
 How many subdivision of Law?
 Which Chapter of Manusmriti is more relevant to Law students for purpose
of research and study law of ancient time?
Some Eternal Values of Manusmriti
 In words of Ramajois
 I found while the criticism …. is justified against many of the verses/ rules
incorporated in the MS which are not only good so long as son and
moon last.
 Lets examine these lines….
 Cardinal principle of Moral value even above law
 Chapter IV- 176
परित्यजेदर्थकामौ यौ स्याता धमथवर्जथतौ।
धमथ छाप्यसुखोदकं लोकर्वक्रुष्टमेव च॥
Reject wealth /money and also desired which are contrary to dharma
Reject also such rules of Dharma, obedience to which leads to unhappiness to
some or brings about public resentment.

Here the word Dharma is used to define the fundamental rules of Dharma and
urge that Dharma such as non-violence , truthfulness not to acquire illegitimate
wealth cannot be changed. Humanity has to follow fundamental rules of Dharma
Similarity with Vyasa Smriti and Article
13

 Vyasa says
 If any law enacted by the legislature is found to be violation of the
fundamental rights it shall be void and the court are entitled to make
such declaration
Doctrine of Equality and Unity ;
following Rig Veda: supremacy of
Veda above Dharma Shatras
अजयेष्ठासो अर्कनष्ठास एते।
सं भ्रातिो वव्धु: सौभगाय॥
 No one is superior or inferior All are brother, All should strive for the interest
of all and should progress collectively .
 यर्ा सवाथ र्ि भू तानी धिा धाियते समम्।
तर्ा सवाथ र्ि भू तानी र्िभ्रत: पार्र्थ वं व्रतम्॥ ३११॥
The king should support all his subjects without any discrimination, in the same
manner as the earth support all living beings (Manu IX-311)
A forceful
declaration and obligatory in nature
similar to Indian constitution article 14
 Article 14 is direction to the state not to deny equality before law and
equal protection to the law of all persons which includes even non
citizens and which is the first and foremost fundamental right and which is
identified as an element of basic structure of the constitution, which
cannot be amended even by Parliament as declared by Supreme Court.
 Therefore any provision mentioned in smritis including manu’s or custom or
usages is for instance that untouchable is prevented from using a well for
drawing water, are violating the Charter of Equality of Veda and liable to
rejection as opposed to Dharma
Rules are liable for rejection

 Manu IV 176 As they lead to unhappiness to some or own brother human

beings and also lead to public rejection such rules shall be rejected
 The method of Atmatushti आत्मतुष्टी
 Those who are well informed in vedas was the test to decide validity of usages
Who are well informed?
Those whose actions are strong.

Then whose actions are strong

of those who are well informed
 Every rule to be valid and must satisfy the test of Atmatushti, what is
agreeable to the good conscience of Dharma abiding individuals, which
is also one of the Source of Dharma
 What is the Cardinal principle of Moral value in Manu Smriti?
 What is Atmatushti आत्मतुष्टी? Is that aliened with progressive law?
 How article 14 of Constitution related to Manu Smriti?