Few sub-heads are taken for example to support the connotation that ancient India has a similar set of rules and procedure which was followed by the Britishers.
2. INTRODUCTION
• India has the oldest judiciary in the world.
• Colossal misrepresentation of Indian Jurisprudence and the legal system of ancient
India: By writers and jurists.
• Absolute ignorance or to defy Indian culture to dominate Indian civilization.
• Laws of ancient Indian society contributed to attainment such most eminent stage of
Human Civilization
3. JUDICIAL SYSTEM IN ANCIENT INDIA
• The concept of Dharma.
• Law is King of Kings: Everybody was supposed to abide by dharma even the
Kings.
• Any disputes were decided following similar standards of normal justice which
administer the legal procedure in modern India today.
• Hierarchy of judges and they were autonomous and subject just to the law.
4. JUDICIARY IN ANCIENT INDIA
• Four legs of Law: Sacred law (Dharma), Evidence (Vyavahára), History
(Charitra), and Declarations of rulers (Rájasásana)
• How Administration of Justice was carried out.
• In Villages- Kulani System (Like present day ‘Panchayat’).
• Towns and districts- Government officials court under the authority of King.
• King’s Court- Final Appeal.
• For Traders and Manufacturers there was different court.
• Family Courts – Puga.
5. RULE OF LAW IN ANCIENT INDIA
• Many ancient text and writings proves that Rule of Law Prevailed inAncient India.
• A king or ruler cannot do any wrong.
• If does shall be executed or his property shall be forfeited.
LAW RELATING TO WITNESSES
• Hearsay evidence was not permitted.
• Quantity and Quality of witnesses.
CLASSIFICATION OF VIVADA (DISPUTES)
• Artha-Vivada (civil disputes) and Himsra samudbhava Vivada (criminal disputes)
REPRESENTATION BY AN ATTORNEY
6. CONCLUSION
• There was nothing higher than the law.
• Ancient Indian jurisprudence related to a feudal society.
• Introduction of alien philosophy to Indian sub-continent was and is a complete
mismatch.
• Some of the practices still prevail.