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JUDICIAL SYSTEM IN ANCIENT INDIA


INTRODUCTION
The judicial system, through the agency of lawgivers or the courts, deals with the administration of the laws. The
system provides the machinery for the resolution of the conflicts for which the aggrieved are responsible. Nothing more
ranks in the human heart than a brooding sense of unfairness. No society can allow a situation to develop where the
impression that there is no redress for grievances prevails.
India has a recorded legal history starting from the Vedic ages (ca. 1750-500 BCE) and during the Bronze Age in India,
which is around 3000 BCE and the Indus Valley civilization, which is the period between 2600 BCE and 1900 BCE,
some sort of civil law system may have been in place. Law has an illustrious history in India as an issue of religious
prescriptions and philosophical discourse. It was a fertile field, emanating from the Vedas, the Upanishads and other
religious texts, enriched by practitioners of various Hindu philosophical schools and later by Jains and Buddhists.
We do not find any reference to the establishment of judicial proceedings in the early Vedic period. The concept of
'Dharma' or rules of right conduct, as outlined in the various manuals explaining the Vedic scriptures such as 'Puranas'
and 'Smritis', shaped the jurisprudence of Ancient India. The King had no independent authority, but from 'Dharma' he
derived his powers, which he was expected to uphold. The distinction was clear between a civil mistake and a criminal
offence. The concept of sin was the standard against which crime was to be defined, although civil wrongs related
primarily to disputes arising over wealth. (Basham, 1967; 1990 by Jois). During the 4th century, B.C., the Maurya
Dynasty, which had extended to significant parts of the central and eastern regions, had a rigorous penal system that
prescribed mutilation and death penalty for even trivial offenses (Sharma 1988).
RESEARCH QUESTIONS
1. To understand the Rule of Law in Ancient India.
2. To understand the interpretation of legal documents in Ancient India.
RESEARCH METHODOLOGY
1. The Methodology adopted by the researcher: Doctrinal Research
2. Sources of Data: For this research, the author of the present article will depend upon Secondary Sources of Data.
The researcher would rely on the books and articles discussing various websites and online newspaper articles.
RULE OF LAW IN ANCIENT INDIA
The perennial attitude of Indian culture has been justice and justice from the Vedic period onward. Justice is a human
expression of a broader universal principle of nature in the Indian context, and if man were wholly true to nature, his
actions would be spontaneously just. Men experience justice, in the sense of distributive equity, as moral justice, social
justice, and legal justice in three main guises. Each of these forms of justice is seen as a specificization of the
universe's general principle as a total organism. From the broadest to the smallest conception, then, ancient Indian
views on justice are inextricably linked to a sense of economics (Wayman 1970). Human justice institutions-the state,
the law-participate in this overall economy; but over the centuries in India, the belief has remained strong that nature
itself is the ultimate and final arbiter of justice. Ultimately, cosmic justice is justice (Underwood 1978).
The administration of legal justice and the imposition of punishment were carried out on the basis of the system of
Varna. It is only natural to take Varna into account in the administration of legal justice, Manusmriti believes. Manu
suggests that the king, acting as a judge, should consider the defendant's "strength and knowledge." As functions of his
Varna, his power and knowledge are estimated. There are two main outcomes of legal consideration of varna rank, one
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having to do with accountability, the other with privilege, and one concerning the perpetrators of the crime and the other
concerning its victims. With regard to the class status of the victim and the perpetrator, crimes against individuals were
adjudicated. The penalty for a crime was increasingly serious, the greater the victim's Varna and the lower the
perpetrator's Varna (Das 1982). The maintenance and protection of the Varna system by its power of danda was one of
the king's chief duties (the sceptre).
JUDICIARY IN ANCIENT INDIA
The four legs of the law are sacred law (Dharma), proof (Vyavahára), history (Charitra), and edicts of kings
(Rájasásana), of which four are in order: the latter is superior to the one previously mentioned. Dharma is the eternal
truth that dominates the world; Vyavahára, evidence, is in witnesses; Charitra, history, is to be found in the people's
tradition (sangraha); and the order of kings is what is called sásana sásana (legislations). In 'Sangrahana',' Karvatik','
Dronamukha' and 'Stháníya' and in places where districts meet, three members familiar with Sacred Law
(dharmasthas) and three ministers of the King (amátyas) are responsible for the administration of Justice. These
principles were administered by the Court. 'Sangrahana' is the center of 10 towns, 'Karyatik' is the center of 200 towns,
'Dronamukha' is the center of 400 towns, and 'Sthaniya' is the center of 800 towns.
Different companies, trade bills, guilds were authorized to exercise an effective jurisdiction over their member in order
to deal with disputes between members of different guilder or association of traders or artisans,(sreni). Like other
courts, these tribunals consisting of a president and three or five co-adjustors were permitted to decide their civil cases
regularly. No doubt, it was possible to appeal from the guild tribunal to the local court, then to the Royal Judges and
finally to the King from there, but such a situation rarely arises. 'Puga' assemblies made up of groups of families in the
same village decide civil disputes among the family members because of the prevailing institution of the joint family
system Family Courts were also established.
INTERPRETATION OF LEGAL DOCUMENTS
As far as the legal system is concerned, Artha Shastra and Manu Smriti are seen as important treaties. An independent
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