Indian Journal of Law and Human Behavior

35
Volume 1 Number 2, January - June 2016

Original Article

Concept of Administration of Justice in Ancient India: An Analysis

Sevanta Kalasappa

Author Affiliation Abstract

Ph.D Research Scholar, Department
of Post-Graduate Studies &
Research in Law, Gulbarga
University, Kalaburagi “Justice has always evoked ideas of equality, of proportion of
(Gulbarga)- 585-106 compensation.

Reprint Request
Equity signifies equality. Rules and regulations, right and
Sevanta Kalasappa righteousness are concerned with equality in value. If all men are
Ph.D Research Scholar, Department equal, then all men are of the same essence, and the common essence
of Post-Graduate Studies & entitles them of the same fundamental rights and equal liberty. In
Research in Law, Gulbarga
University, Kalaburagi (Gulbarga)-
short justice is another name of liberty, equality and fraternity.”
585-106 Keywords: Administration; Ancient; Justice; Dharma;
E-mail: [email protected]
Fundamental Rights; Liberty; Equality and Fraternity.

Introduction trace out the truth of existence of different types of

laws of ancient times such as Civil and Criminal.
The Judicial system of that period may be understood
The history does not depict the existence of by the three shastras such as Dharmashastra,
the judicial system to administer the justice. In Neetishashtra and Arthashastras. The King of that
the before Vedic period the aggrieved party era was the prominent person holding all the powers
used to sit (as a dharna) before the house of and used to spend some time regularly to study the
wrong doers (accused) and create the pressure cases and deliver the judgment by punishing the
on him to settle the case to his satisfaction. wrongdoers but the law in the rule was Dharma
Later, started adopting the simple procedure shastara subject to local and other usages which are
by modifying existing one to suit the consistent with the shastras.
circumstance and started administering the
justice by the tribe and clan assemblies. The
village elders started acting as judges and Concept of Justice
awarding the punishments in accordance with
the nature of crime committed. While delivering
the judgment the local customs, adopted, were Ancient India was essentially Hindu-ruled. And
followed where the natural justice i.e “treating its foundation of judicial system was based on the
all are equal before the law formula” was not concept of ‘Dharma’, or rules of right conduct, as
administered and Varnas (caste system) have outlined in the puranas and smritis(remembrance)
been made the basis for delivering the judgment which explains vedic scriptures. The King had no
and it was practiced and believed that the independent authority but derived his powers from
judgment given on the basis of Varnas was `Dharma’, which he was expected to uphold. So,
having sanctity of divinity which was biased Dharma denotes ‘rule of law’. Hindus followed the
one. The law and morality both were given concept of ‘Dharam’ and therefore the legal
importance and considered during the framework in Ancient India was uniform [1]. And
administration of Justice. It is very difficult to also Dharma is used to mean Justice (Nyaya). Justice

Indian Journal Publication

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Human
Ltd. Behavior / Volume 2 Number 1 / January - June 2016
36 Sevanta Kalasappa / Concept of Administration of Justice in Ancient India: An Analysis

means Nyaya and what is good to society that is Vedas, Vedangas, and Upanishads gives the
justice. An also what is right in given circumstance, information about the Indian judiciary. Vedas are
moral, religion, pious or righteous conduct, being four in number namely: Rigveda, Yajurveda,
helpful to living beings, giving charity or alms, Samaveda and Atharva veda. And vedangas namely:
natural qualities or characteristics or properties of Siksha, Chandas, Vyakarana, Nyrukta, Jyotishya and
living being and thing, duty, law and usages or Kalpa. Eighteen Upanishads, supplemented to the
customs having the force of law, and also a valid respective Vedas and other texts which together
Rajashasana (royal edict) [2]. constitute the Shrutis are mainly religious book.
However, they contain some rudiments of law. Vedas
are the sources of Dharma [6]. It is difficult to trace
Administration of Justice in Ancient India law from the Vedas, except by following the
The period between 800 B.C and 320 B.C is indications of positive (Vidhis) or negative
described as the age of law and philosophy. In this (Nishedas) indications. There are several Vidhis and
period people was followed only the Dharmasastras Nidhis which formed foundation of the Smriti laws
and the king was considered as the highest of the in later period. Some of such Vidhis and Nishedas
judiciary. are: tell the truth, never tell untruth, never hurt
anyone, follow dharma, treat your father and mother
According to Brihaspati, “Relations, companies
as god, perform only such acts which are not
(of artisans), assemblies (of cohabitation) and other
forbidden , etc.
persons duly authorized by the king concurring
violent crimes (shahasa).” Then there were the According to the Hindus, the foundation head
treaties of “Sukranitisar” which laid fundamental of Dharma or law is the Vedas or revelation, but
principles of law. The first treaties were the there are no special chapters in Vedas treating of
composition of ‘Arthashastra’ by Kautilya [3]. law [7].
In ancient period king administer only accords
with the smites. An important feature of the judicial The Smritis and Dharma Sutras Period
system of ancient India was the special courts of
criminal jurisdiction called the Kantakasodhana The Smritis means literally what was
Courts. remembered, are the recollections handed down by
the sages of antiquity of the precepts
The Artha-shastra says, “Three commissioners (commandments) of god. According to some sages
(pradeshtarah) or three ministers shall deal with the number of Smritis is 36. Yajnavalkya mentioned
measures to suppress disturbance to peace 20 Smritis in his smriti. The Dharma shastras are
(kantakasodhanam kuryuh). According to the Artha- the smritis written in verses. The Dharma sastra
shastra these courts took cognizance not only of existed even before BC 600 to 300 [8].
offences against the States but also violations of the
law by officials in the discharge of their official During the Vedic period, the society was
duties. Thus if traders used false weights or sold composed of patriarchal families. The head of the
adulterated goods, or charged excessive prices, if the family had full authority over the individual
labourer in the factory was given less than a fair wage members of the family. As time passed, gradually,
or did not do its work properly, the Kantakasodhana individual rights came to be asserted as different
courts intervened to punish the culprits. Officers from family. To meet the requirements of a changing
charged with misconduct, persons accused of theft, society, laws and treatises. Regulating the rights
dacoity and sex offences had to appear before the and liabilities of individuals are in the form of Sutras
same court. These Courts had all the characteristics (aphorisms).
of administrative courts. The existence of an
Administrative Code is indicated in the fourth part Dharma Sutras
of the Artha-shastra [4].
The earlier works which laid down the law in the
form of sutras were divided into three classes:
The Vedic Period
The Vedic Period (or Vedic Age) is the period Dharma Sutras
during which the Vedas, texts related to early Indo-
Aryan religion, were being composed, during the dealing with civil and criminal law.
period of roughly the mid second to mid first The important Dharma Sutras were of Gautama,
millennium BCE [5]. Baudhayana, Apastamba, Harita, Vasista and Vishu.
Indian Journal of Law and Human Behavior / Volume 2 Number 1 / January - June 2016
 Sevanta Kalasappa / Concept of Administration of Justice in Ancient India: An Analysis 37

Gautama S.B.E.Series vol. III [11].

The Dharma Sutras of Gautama is the oldest of the
text on law. It lays down law both on religious and The Smriti
legal matters. It contains law relating to inheritance, Smriti smrti (Sanskrit) [from the verbal root smri to
partition and stridhan. remember] What is remembered; unwritten teachings
Gautama attached adequate importance to handed down by word of mouth, distinguished from
tradition and practices of cultivators, traders, srutis or teachings handed down in traditional
herdsmen, moneylenders and artisans. He detailed writings. The Hebrew word qabbalah has a literally
the law of marriage. identical meaning.
The smritis were a system of oral teaching, passing
from one generation of recipients to the succeeding
Baudhyana (500 to 300 B.C)
generation, as was the case with the Brahmanical
The Dharma sutra of Baudyana had not come books before they were embodied in manuscript. The
down to us in original shape as some portion of it Smartava-Brahmanas are, for this reason, considered
had been destroyed. He treated variety of subjects by many to be esoterically superior to the Srauta-
including inheritance, sonship, adoption and Brahmanas. In its widest application, the smritis
marriage. include the Vedangas, the Sutras, the Ramayana, the
Mahabharata, the Puranas, the Dharma-sastras,
especially the works of Manu, Yajnavalkya, and other
Apastamba inspired lawgivers, and the ethical writing or Niti-
The Dharma sutra of Apastamba has dealt with sastras; whereas the typical example of the sruti are
certain aspects of law of marriage and of inheritance the Vedas themselves considered as revelations.
besides criminal law. It has been regarded as an Shruti means that which is “heard” or received as
authoritative work. direct oral revelation from a superior being,
considered by orthodox Hindus to be equally holy to
smriti; yet in ancient times the most sacred and secret
Harita teachings were never committed to writing but were
The Dharma sutra of Harita is considered of great invariably passed on from teacher to pupil with
authority of Apastamba. The doctrine of res-judicata “mouth at ear” and at “low breath,” whether among
in Hindu law is ascribed to him. 9 This rule the Egyptians, Persians, Chaldeans, Greeks, Romans,
propounded by him shows that at so early a stage, Druids, Chinese, or Hindus [12].
the idea of finality of judgment, as an important rule Dharmasatras are the major texts or
in the administration of justice, was visualized and documents which formed the legal framework in
incorporated [10]. Ancient India. Dharmasatra has following smritis:
1. The Manusmrti (200BC-200CE)
Vashista 2. The Yajnavalkya Smrti (200-500CE)
Vasista attaches great importance to the custom 3. The Naradasmrti (100BC-400CE)
and usage and recognizes them as supplement law.
He has dealt with various topics of law, such as 4. The Brhaspatismrti (200-400CE)
marriage, sonship, inheritance, adoption as also the 5. The Katyayanasmrti (300-600CE) [13]
sources of law.

Manu Smriti (200BC-200CE)

Vishnu This Smriti or the code of manu forms an important
Vishnu is referred to as one of the law writers landmark in the legal history of India. The pre-
Yajanavalkya. The major portion of this work is in eminent position attained by Manusmriti as early as
prose from and the concluding portions are in the the 2nd century gives the indication that it must have
form of metrical verses. He deals with various topics come into existence much earlier to 2nd century and
of civil law, such as marriage, inheritance, debts, in course of time secured place by virtue of its merit
treasure trove etc., as also criminal law Vijayani is a and popular acceptance. As the opening of the
commentary on Vishnu dharma sutra, by the well manusmrit indicates, the smriti in its present form
known writer Nanda pandita. The work is translated appears to have been recast or complied by sage
into English by Dr.Jolly and is published in Brighu. This happened probably somewhere between
Indian Journal of Law and Human Behavior / Volume 2 Number 1 / January - June 2016
38 Sevanta Kalasappa / Concept of Administration of Justice in Ancient India: An Analysis

200 B.C and 200 A.D and that he gave the title of Narada Smriti (100BC-400CE)
“Manusmriti” to the code so complied [14]. Narada was the first to give a code free from a
The Manusmriti divided in to twelve chapters and crowding of religious and moral principles. He
consists of 2,694 verses. It is written in a simple and proclaimed that the laws and ordinances passed
fluent style. The subject matter of the twelve chapters are: by princes and rulers could override even the
a. Creation of the Universe. smritis. He thus thought of the doctrine of civil
law. He differed in several respected from that
b. Definition of Dharma and Source of Dharma. Manu proclaimed. He allowed remarriage of
c. Celibacy – Studentship – Marriage. widows. He declared that a father had sbsolute
right to distribute or given his property as he
d. Mode of life – means of subsistence and
wished among his sons, but he did not recognize
householder’s code of conduct.
the widow as an heir. He gave the adopted son
e. Rules governing food. ninth rank.
f. Rules governing forest hermit. Narada smriti was compiled somewhere about 200
g. Rajadharama. A.D. He was fully conscious of the social, economic
and political changes taking place in the social set
h. King’s duty relating to administration of justice.
up in his treatment of law. He was well alive to the
This includes.
realities of life. His smriti is remarkable for its
a. 18 titles of law progressive views on various matters. The procedural
b. King and judge law laid down by this smriti contains provisions
relating to pleading, evidence (oral and documentary)
c. Other persons as judges
as also the procedure required to be adopted by the
d. Constitution of sabha courts of law.
e. Duty of restore stolen wealth
f. Creditor’s means to recover debts Brihaspati Smriti (200-400CE)
g. Grounds on which the plaintiff may fail in The smriti of Brihaspati was compiled somewhere
his suit [15]. between 3000 and 400 A.D. He was the first jurist
who made clear distinction between civil and
criminal justice.
Yajanavalkya Smriti (200-500CE)
Brihaspati deals with some of the important
The importance of ?Yajanvlkya lies in arranging branches of substantive law such as rules of
the materials of the Manusmriti in a more systematic partnership, agency and civil wrongs. He speaks of
and concise fashion. four stages of judicial procedure, namely;
Yanavalkya was the first to mention specifically 1. Filing of plaint
three popular courts, namely, Kula, Sreni and Puga
arranged in the ascending order of importance, the 2. Filling of reply
kula being lowest court for arbitration in small matters. 3. Trial of the suit, and
With these courts “we well compare the village, caste 4. Passing the decree.
and family panchayats of modern times” [16].
J.C.Ghose remarks about Yajnavaklya Smriti as
“Now it should be remembered that though Manu’s Katyayana Smriti (300-600CE)
authority is unquestioned by all Hindus, it is the law The Katyayana Smriti was compiled somewhere
of Yajanavalkya by which they are really governed. between fourth or fifth century A.D. It is not available
Yajanavalkya’s authority is supreme in India”. in its entirety but about 600 of his verses have been
cited in the Smriti Chandrika. The great importance
of this smriti lies in the veriety of subjects which it
This Smriti Consists of 1010 Verses Divded into 3 Chapters
deals with. It deals with substantive as well as
a. Achara or ecclesiastical law contains 368 verses. adjective law.
b. Vyavahara or Civil and Criminal law contains According to Katyayana, land belong to the
307 verses. subjects and not to the king. The king is only the
c. Prayaschitta or atonement for sins committed protector of the interests of his subjects in return for
contains 335 verses [17]. which he is entitled to land revenue [18].

Indian Journal of Law and Human Behavior / Volume 2 Number 1 / January - June 2016
 Sevanta Kalasappa / Concept of Administration of Justice in Ancient India: An Analysis 39

Other Works xv. Object of and purpose achieved by Arthshastra

Other works includes the Arthashastra of Kautilya, [19].
Ramayana and Mahabharata as follows:
The two Epics- Ramayana and Mahabharata
Arthashastra of Kautilya The Ramayana and Mahabharata are the two
Arthasastra of Kautilya does not fall in the category known epics of the Aryans. They are concerned with
of Dharma Sastras, it is the most important and a events which took between 100 and 700 B.C. They
masterly treatise on statecraft. The author of this great are not books on the topics of Dharmashastra.
work is Vishugupta commentary know as chanakya, However, Valmiki and Vyasa, who are held in
who was the Prime Minister of the Magadha Empire highest esteem by the society, have incorporated
during the reign of Chandragupta Maurya. important principles of Dharma. Rama killed
Chandragupta Maurya became the king in 322 B.C Rakshasa to protect Dharma. Rama, as the eldest son
and his son Bindusara ascended the throne in 298 was entitled to succed to his father’s kingdom.
B.C. it is during this period that Chanakya lived and Mahabharata contained the topics of law in the
wrote this famous work Arthashatra, sometime Shantiparva. Some of the important topics covered
between 322 and 300 B.C. it is necessary to set out are; coronation rights, evils of anarchy, Rajdharma,
the contents of the fifteen parts or books of his importance of punishment and penalties.
Arthasastra to give an idea at a glance about the
extent of the subject matter covered by Kautilya on
various topics relating to law, constitutional law and
other affairs of the state.
i. Education, training and discipline to be imparted
to a king to equip him to discharge his onerous
responsibilities ably and efficiently, such as
appointment of ministers and other officers of
the state and other matters relating to its
administration.
ii. Duties of various executive officers of the state.
iii. Law and its administration.
iv. Suppression of crime.
Fig. 1:
v. Miscellaneous matters- such as steps to be taken
in emergencies, pay scales for state officers, duty
of Chief Minister for ensuring continuity of the
rule on the demise of king, etc.
vi. Seven constituents of state- Rajamandala – for
discussion of states relations with neighbours.
vii. Foreign policy.
viii. Methods to overcome various calamities to the
state.
ix. Military code- kinds of troops to be mobilized for
an expedition and proper seasons for the
expedition and precautions to be taken.
x. Fighting methodology at war.
xi. Steps to be taken by a would be conqueror.
xii. Designs to be adopted by a weaker king when
threatened by a stronger king.
xiii. Conquest of the enemy by various methods.
xiv. Remedies and plans to be adopted in getting rid
of enemies of traitors. Fig. 2:
Indian Journal of Law and Human Behavior / Volume 2 Number 1 / January - June 2016
40 Sevanta Kalasappa / Concept of Administration of Justice in Ancient India: An Analysis

Dharma= Justice) is defined as “Law is the King of

Kings, nothing is superior to law; the law aided by the
power of the King enables the weak to prevail over the
strongs”. Administration of justice in ancient India was
well structured though it was in a rudimentary stage in
those days. This system provides as excellent
foundation upon which the modern system of
administration of justice have been built up and
structured.

References

1. http://history.stackexchange.com/questions/2822/
what-was-the-legal-framework-in-ancient-india
Fig. 3: 14.01.2016.
2. M.Rama Jois; Legal and constitutional history of india;
The two epics have the source of Dharma (justice) Universal law publishing co.Delhi, reprint 2007; p. 1
in ancient time [20]. In ancient period laid down that 3. Giriraj Shah, History And Administration of Justice,
administration of justice was one of the fundamental 1st Edition, (Anmol Publications Pvt. Ltd New Delhi
duties of the state, guildelines were laid down to 2000); p.20.
ensure rendering of justice impartially. Important of 4. http://www.allahabadhighcourt.in/event/
them are: According to Yajnavalkya “cases should theindianjudicialsystem_ssdhavan.htm.05.10.2013
be decided according to law (Dharma sastra) without 5. M.S Saharan; Ancient Indian History;( Black Prints
being influenced any anger or greed”. According to India Inc, New Delhi) 2013; p.47.
Sukraniti, there are five causes which give rise to the 6. S.R.Myneni; History of Courts; (Allahabad Law
charges of partiality (against the judge). They are: Agency, Faridabad) 2005; p 3097 Ibid, p 309.
a. Raga (affection in favour of a party) 8. S.R.Myneni; Jurisprudence Legal Theory; 2nd
Edition (Asia Law House Hyderabad) 2004; p 24.
b. Lobha (greed)
9. S.R.Myneni; History of Courts; 1st Edition,
c. Bhaya (fear) ( Allahabad Law Agency, Faridabad) 2005; p 310.
d. Dvesha (ill-will against a party) and 10. M.Rama Jois; Legal and Constitutional History of
India; (Universal law publishing Co.Delhi )2007, p 26.
e. Vadinoscha Rahashrutihi (the judge meeting
and hearing a party to a case secretly) 11. Ibid, 26.
12. http://translation.babylon.com/english/Smriti/
According to Manu, guilty must be punished 16.06.2015.
whoever he may be, “the ruler should not leave an
13. http://history.stackexchange.com/questions/
offender unpunished, and whatever may be his
2822/what-was-the-legal-framework-in-ancient-
relationship with him, whether the guilty is father or india 14.01.2016.
a teacher or a friend or mother of wife of a son or a
14. M.Rama Jois; Legal and Constitutional History of
domestic priest. If the guilty are not punished there India; (Universal Law Publishing Co, Delhi) 2007; p 27
will be no rule of law” [21].
15. Ibid 29
16. H.V.Shreenivas Murthy; History of India; (Eastern
Conclustion Book Company Locknow) 2011; p 174-175.
17. M.Rama Jois; Legal and Constitutional History of
Ancient times, the judicial institutions were India; (Universal law publishing Co.Delhi) 2007, 31.
considered as prominent wing of society where 18. S.R.Myneni; History of Courts; 1st Edition
administration of justice was being delivered. The King (Allahabad Law Agency, Faridabad) 2005; p 313-314.
was delivering the justice by practicing the 19. M.Rama Jois; Legal and Constitutional History of India;
Rajadharma where there is no discrimination. As per (Universal Law Publishing co, Delhi, 2007);p. 37-38.
Brihadaranykopanishad, the power of Kingship was 20. S.R.Myneni; History of Courts; 1st Edition;
not sufficient and hence the excellent Dharma “the (Allahabad law agency Faridabad) 2005; p 316.
law” was created which is superior to King and it 21. M.Rama Jois; Trivarga Siddhanta; 1st Edition
enabled the king to protect the people. The law (or (Bharatiya Vidya Bhavan, Mumbai) 2004; Pp.89-90.
Indian Journal of Law and Human Behavior / Volume 2 Number 1 / January - June 2016