India was never without a legal system. The legal system during Hindu Rajas has been described here.

1. Legal System of Primitive India
By
Justice (R.) Fahim A. Siddiqui

2. What is a system?
• Inter-relationship between different things, and article is known as
system.
• Examples
1. Solar System
2. Ecosystem
3. Educational System
4. Banking System
By : Justice (R.) Fahim A. Siddiqui 2

3. Necessities for a system
• A system should be interlinked
• It should be interlocked or interconnected
• There should be not conflict in the same system and if conflict comes
the same should be resolved
• There should be a unity within the system
• This unity should be hierarchical
• Legal system should follow all these necessity
By : Justice (R.) Fahim A. Siddiqui 3

4. Legal System
• No society (however small) cannot exist without a legal system
• It defines the inter-relationship of the members of society and its
organs
• Legal system describe the status of a society or community amongst
the other societies or communities
• Similarly, the status of a country amongst the international
community depends upon its legal system
• The conflict (if not resolved) may damage and some times destroy the
whole legal system
• A legal system cannot be stagnant but continues to develop
By : Justice (R.) Fahim A. Siddiqui 4

5. Pure theory of Law (Kelson)
• A legal system is defined through norms
• A pyramidical structure of norms
• The legal system based on norms
• A lower norm draws its validity from the higher norms
• At the top of the pyramid exist the Highest Norm
• All the subordinate norms are ultimately follow the Highest Norm
By : Justice (R.) Fahim A. Siddiqui 5

6. Characteristics of Primitive Indian Legal System
• It is based on theology and customs
• The following are the important players of the Primitive Indian Legal
System
1. Personal Laws (Cast based Legal System)
2. Oral traditions (Customs)
3. Village Panchayat
4. Role of Raja or Maha-Raja
By : Justice (R.) Fahim A. Siddiqui 6

7. Sources of Law
• Vedas
• Dharma Shastras
• Arthashastra
• Local Customary Laws
By : Justice (R.) Fahim A. Siddiqui 7

8. Vedas
• The Vedas are considered not only as religious and philosophical texts
but also as a source of spiritual knowledge, guidance, and wisdom.
• They have had a profound influence on the development of Hindu
religious thought, rituals, and practices and continue to be studied
and revered by scholars and practitioners of Hinduism to this day.
• The knowledge contained within the Vedas is regarded as eternal and
divinely revealed.
By : Justice (R.) Fahim A. Siddiqui 8

9. Vedas (Continues)
• The word "Veda" is derived from the Sanskrit root "vid,"
which means "knowledge" or "wisdom."
• The Vedas are a collection of ancient hymns, prayers,
mantras, and rituals that were orally transmitted for
generations before being eventually recorded in written
form.
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10. Vedas (Continues)
• The Vedas are four in number
• Each of these Vedas has associated Brahmanas, Aranyakas, and
Upanishads, which provide further explanations, rituals, and
philosophical teachings.
• Additionally, the Vedas are written in a specialized and archaic form
of Sanskrit known as Vedic Sanskrit.
• The Vedas are considered not only as religious and philosophical texts
but also as a source of spiritual knowledge, guidance, and wisdom.
By : Justice (R.) Fahim A. Siddiqui 10

11. Vedas (Continues)
• The first three Vedas are important in respect of religion and
social norms while in the fourth Veda, some element of legal
principle is obvious
By : Justice (R.) Fahim A. Siddiqui 11

12. Four Vedas
• The four primary Vedas are as under and each of them consisting of
several parts:
1. Rigveda
2. Yajurveda
3. Samaveda
4. Atharvaveda
By : Justice (R.) Fahim A. Siddiqui 12

13. Rigveda
• The Rigveda is the oldest of the Vedas.
• It is primarily a collection of hymns dedicated to various deities,
natural forces, and cosmic principles.
• It contains a total of 1,028 hymns (suktas) organized into ten books
(mandalas)
By : Justice (R.) Fahim A. Siddiqui 13

14. Yajurveda
• The Yajurveda contains prose and verse formulas that are used by
priests during religious ceremonies and rituals, especially those
involving sacrifices (yajnas).
• It is divided into two main branches: the Krishna (black) Yajurveda
and the Shukla (white) Yajurveda.
By : Justice (R.) Fahim A. Siddiqui 14

15. Samaveda
• The Samaveda consists of chants and melodies that accompany the
rituals and ceremonies performed by priests.
• It is known for its musical and melodic qualities and is often regarded
as the "Veda of melodies."
By : Justice (R.) Fahim A. Siddiqui 15

16. Atharvaveda
• The Atharvaveda contains a diverse range of hymns and spells
(mantra) that address various aspects of life, including healing,
marriage, social ethics, and protection from evil forces.
• It reflects a more practical and folkloric dimension of Vedic literature.
By : Justice (R.) Fahim A. Siddiqui 16

17. Dharma Shastras
• The Dharma Shastras are among the oldest texts in Hinduism and
have a long history dating back to several centuries BCE.
• They were written or codified by various scholars and sages over
time.
• The primary purpose of the Dharma Shastras is to provide a
framework for righteous living and moral conduct.
• They encompass various aspects of life, including social, religious,
ethical, and legal matters.
By : Justice (R.) Fahim A. Siddiqui 17

18. Contents of Dharma Shastras
• The Dharma Shastras cover a wide range of topics e.g.
1. Family law (marriage, divorce, inheritance),
2. Personal conduct,
3. Rituals,
4. Duties of individuals based on their varna (caste),
5. Legal procedures, and
6. Social responsibilities.
By : Justice (R.) Fahim A. Siddiqui 18

19. Prominent Dharma Shastras
• Some of the well-known Dharma Shastras include
1. Manusmriti (Laws of Manu),
2. Yajnavalkya Smriti,
3. Narada Smriti, and
4. Parashara Smriti.
• Amongst the above Manusmriti, attributed to the legendary lawgiver
Manu, is perhaps the most famous and widely studied of these texts.
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20. Criticism and Controversy
• The Dharma Shastras have faced criticism for certain verses that seem
to advocate caste-based discrimination and social inequalities.
• Critics argue that these texts should be understood in their historical
context and not be taken as prescriptive, which are not followable in
contemporary society.
• While the Dharma Shastras are ancient texts, they continue to
influence Hindu culture, traditions, and ethical values.
• Many of their principles are still considered relevant in contemporary
Hindu thought and practice.
By : Justice (R.) Fahim A. Siddiqui 20

21. Arthashastra
• The Arthashastra is an ancient Indian treatise on statecraft,
economics, military strategy, and political science.
• It is one of the most influential and comprehensive works on
governance in ancient India
• It is attributed to the scholar and strategist Kautilya, also known as
Chanakya Jee, who was an advisor to Chandragupta Maurya, the
founder of the Mauryan Empire.
• The Arthashastra is believed to have been composed around the 4th
century BCE, making it one of the earliest known texts of its kind.
By : Justice (R.) Fahim A. Siddiqui 21

22. Scope of Arthshastra
• The Arthashastra covers a wide range of topics related to governance
and statecraft.
• It includes discussions on economics, taxation, trade, agriculture,
diplomacy, espionage, military strategy, law, and administration.
• The Arthashastra was lost for many centuries but was rediscovered in
the early 20th century.
• It was found in 1905 by the Indian scholar R. Shamasastry in the
Mysore Oriental Library.
• Its revival has led to renewed interest in the study of ancient Indian
political and economic thought.
By : Justice (R.) Fahim A. Siddiqui 22

23. Principles of Governance in Artahshastra
• The Arthashastra outlines principles for effective governance,
emphasizing the importance of a strong and centralized state.
• It provides guidance on how a ruler should maintain law and order,
manage the economy, protect the state from external threats, and
promote the welfare of the people.
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24. Economic Policies
• The Arthashastra discusses economic policies, including taxation,
trade regulations, and state monopolies on certain commodities.
• It addresses issues related to coinage, agriculture, and revenue
collection
By : Justice (R.) Fahim A. Siddiqui 24

25. Military Strategy
• The text of Arthashastra provides insights into military strategy,
tactics, and the organization of armed forces.
• It discusses espionage, diplomacy, and ways to deal with internal and
external threats to the state.
By : Justice (R.) Fahim A. Siddiqui 25

26. Law and Justice
• The Arthashastra includes sections on legal procedures, criminal law,
and punishment.
• It also discusses the role of the king in ensuring justice and
maintaining law and order.
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27. Political Philosophy and Influence
• The treatise explores political philosophy and ethics, addressing
questions about the nature of power, governance, and the
responsibilities of rulers.
• The Arthashastra has had a significant impact on Indian political
thought and governance throughout history.
• It has also attracted the attention of scholars and policymakers
worldwide and is regarded as a valuable source for understanding
ancient Indian statecraft.
By : Justice (R.) Fahim A. Siddiqui 27

28. Controversies
• Some aspects of the Arthashastra, such as its advocacy for cunning
and deceit in statecraft, have generated controversy and debate.
• Interpretations of the text vary, with some seeing it as a pragmatic
guide for rulers and others as a reflection of the political realities of
its time.
By : Justice (R.) Fahim A. Siddiqui 28

29. Administration of Justice during Ancient India
• The functioning of courts during ancient Hindu rajasic (kingdom)
periods in India varied significantly depending on the region, time
period, and the particular dynasty or ruler in power.
• During these early periods, the administration of justice and the
functioning of courts were influenced by the prevailing social,
cultural, and religious norms of the time.
By : Justice (R.) Fahim A. Siddiqui 29

30. Overview of Court Functioning in Early Period
• The law flows from the spiritual writings and the mouth of the Raja
• The justice is administered through the following decision making
mechanism
• Ruler’s Court
• Local Courts
• Mediation through Punchayat
• Appellate Court
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31. Ruler’s Court
• The king or ruler played a central role in the administration of justice,
and judicial power is delegated to the selected people
• The ruler's court was the highest judicial authority, and the king often
heard important cases himself or appointed officials to preside over
them.
• The king's role was not only political but also included a strong
religious dimension, as kings were often seen as upholders of dharma
(righteousness) and were expected to follow the principles of justice
and fairness.
By : Justice (R.) Fahim A. Siddiqui 31

32. Subordinate Royal Courts
• The King or Raja sometimes appoints different landlords or army
commanders to decide disputes of the people. These subordinate
royal courts drive authority direct from the king.
By : Justice (R.) Fahim A. Siddiqui 32

33. Local Dispute resolution mechanism
• In addition to the royal court, local communities had their own
mechanisms for resolving disputes. These mechanisms included
village councils (panchayats), elders, and local leaders who helped
settle minor disputes and maintain order within the community.
• Mediation and reconciliation were common methods of resolving
disputes. Elders, community leaders, and respected individuals often
played the role of mediators in helping parties come to a mutually
agreeable solution.
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34. Appeals
• In some cases, individuals dissatisfied with a local decision could
appeal to higher authorities or the ruler's court for a review of the
case.
• Appeals were often based on claims of miscarriage of justice or errors
in the initial judgment.
By : Justice (R.) Fahim A. Siddiqui 34

35. Punishments
• Punishments for various offenses could range from fines and
compensation to physical punishments or exile, depending on the
nature and severity of the crime.
• Some offenses were considered more serious if they violated societal
norms or religious principles.
• Sever punishments include death, exile or explement in forests for
some period or the rest of the life
By : Justice (R.) Fahim A. Siddiqui 35

36. Guiding Principles for Judicial Proceedings
• Directives of King
• Legal Codes
• Dharma
• Oral Traditions
By : Justice (R.) Fahim A. Siddiqui 36

37. Guiding Principles for Judicial Proceedings (Continued)
Directives of King
• King or Raja used to issue directives to the judicial functionaries and
administrative officers.
• The opinion of high priest if verified by king, the same can also be
followed in judicial proceedings.
By : Justice (R.) Fahim A. Siddiqui 37

38. Guiding Principles for Judicial Proceedings (Continued)
Legal Codes
• Over time, various dynasties and regions developed their own legal
codes and systems of justice.
• One of the most well-known ancient legal texts is the Manusmriti,
which provides guidelines for personal conduct, social order, and legal
principles.
• These codes often reflected the prevailing social and religious values
of the time.
By : Justice (R.) Fahim A. Siddiqui 38

39. Guiding Principles for Judicial Proceedings (Continued)
Oral Traditions
• Legal proceedings and judgments were often conducted orally and
were not necessarily recorded in writing.
• Disputants would present their cases verbally, and judges would make
decisions based on oral testimony and evidence.
By : Justice (R.) Fahim A. Siddiqui 39

40. Guiding Principles for Judicial Proceedings (Continued)
Dharma
• Dharma, or righteousness, played a fundamental role in the
administration of justice during these periods.
• Judges and rulers were expected to uphold dharma in their decisions,
ensuring fairness and justice in accordance with societal norms.
By : Justice (R.) Fahim A. Siddiqui 40

41. Non-unified Judicial Proceedings (Continued)
• It is important to recognize that the functioning of courts and the
administration of justice during ancient Hindu rajasic periods could
vary significantly from one kingdom to another and across different
historical periods.
• The specific legal and judicial practices evolved over time, influenced
by factors such as regional customs, dynastic rule, and the prevailing
religious and philosophical thought of the era.
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