India’s legal system presents the most extensive and diverse written law in the world.
Law in India emerged from
classical traditions and the system was considered as very near to people.The classical legal traditions of India were
exclusivelyrecorded in the Sanskrit textsand believed to havebeen developed by the ancient sages.
Judicial System in Ancient India
In the early Vedic times, we do not find any reference as regards the establishment of judicial procedure. The concept of
‘Dharma’ or ‘Rules of right conduct’, outlined in various manuals explaining the Vedic scriptures such as `Puranas and
`Smritis that has shaped the legal system of Ancient India. Dharma has ruled from the Vedic period up to the Muslim
invasion.The King had no independent authority but derived his powers from `Dharma9, which he was expected to
uphold. The distinction between a civil wrong and a criminal offence was clear. There are three sources of Dharma i.e.,
Vedas or Shrutis, Smritis, and Achara. Vedas means knowledge, a collection of poems or hymns is the oldest scripture of
Hinduism. Smritis means remembrance of a tradition, which is preserved by the authors in written form. The third
source is Achara which means the customary law followed by a particular group or community. Dharma follows the law
of natural justice, these laws are divine and cover every aspect of the society whether its political, social, religious, or
spiritual duty of a person, dharma makes the life of an individual complete and makes a person civilized.
The Dharmashastra are the ancient law books of Hindus prescribing moral laws and principles for religious duty. It also
throws light upon the social and religious conditions of ancient India, gender and caste-based distinctions, family life,
and principles of ancient jurisprudence. There are three sources of Dharmasastra, the first is the Achara which provides
rules on daily rituals, life-cycle rites, as well as specific duties and proper conduct that each of the four varnas have to
follow. The second enumerated in the Dharmashastra is the ‘vyavâhara’ which are the 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 is the ‘Prâyaschitta’ prescribes rules for punishments and
penances for violating the laws of dharma
The earlier and most important work of the Dharmasastra text, the Manusmriti is written by the ancient sage Manu
prescribing ten essential rules for the observance of Dharma i.e., patience, self-control, honesty, knowledge, reason,
truthfulness, forgiveness, sanctity, control of senses and absence of anger. Therefore dharmic laws govern not only the
individual but all in society. . The Manu sm_ti shows the obvious influence of previous Dharmasutras and Arthashastras.
In particular, the Manusmriti was the first to adopt the term vyavaharapadas. These eighteen Titles of Law or Grounds
for Litigation make up more than one fifth of the work and deal primarily with matters of the king, state, and judicial
procedure. These ‘Titles of Law’ given by Manu, on which litigation may be instituted are Non-payment of debts;
deposits; sale without ownership; partnership; non-delivery of gifts; non-payment of wages; Breach of Contract;
cancellation of a sale or purchase; disputes between owners and herdsmen; the law on boundary disputes; verbal
assault; physical assault; theft; violence; sexual crimes against women; law concerning husband and wife; partition of
inheritance; and gambling and betting. Dharma is generally mean 8principle of righteousness9 or 8duty9, principle of
holiness and also the principle of unity
Indian Society as it stood, in India the King himself was subject to the law; that arbitrary power was unknown to Indian
political theory and jurisprudence and the king9s right to govern was subject to the fulfillment of duties the breach of
which resulted in forfeiture of kingship; that the judges were independent and subject only to the law; that ancient India
had the highest standard of any nation of antiquity as regards the ability, learning, integrity, impartiality, and
independence of the judiciary, and these standards have not been surpassed till today; that the Indian judiciary
consisted of a hierarchy of judges with the Court of the Chief Justice (Praadvivaka) at the top, each higher Court being
invested with the power to review the decision of the Courts below; that disputes were decided essentially in
accordance with the same principles of natural justice which govern the judicial process in the modern State today: that
the rules of procedure and evidence were similar to those followed today; that supernatural modes of proof like the
ordeal were discourage; that in criminal trials the accused could not be punished unless his guilt was proved according
to law; that in civil cases the trial consisted of four stages like any modern trial 3 plaint, reply, hearing and decree; that
such doctrines as Res Judicata (prang nyaya) were familiar to Indian jurisprudence; that all trials, civil or criminal, were
heard by a bench of several judges and rarely by a judge sitting singly; that the decrees of all Courts except the King were
subject to appeal or review according to fixed principles; that the fundamental duty of the Court was to do justice-
without favor or fear
