Introduction
Human beings are the most intellect as well as the complex component of this nature. We have emotions, ambitions, power to think and various other attributes. Emerging from an ancient civilization, humans have now created the modern global society consisting of states and political boundaries. For the smooth governance of the present-day world, humans have created the socio-political framework that includes various rules, regulations, principles and procedures.
All political countries have its own such codified rules and laws which represent the very principles in which the society of that nations believes in. Similarly, in our country, all the laws including its Constitution of 1950, is inspired by the ideas and the fundamental principles in which we as a people of Bharat believes and practice since untraced time.
In the today’s perpetual quest of human life before the prefixed societal norms have made us away from knowing the true source of origin of today’s judicial and socio-political framework. Whenever we discuss of ancient Bharat, we often talk about the Sanatan Dharma and its ancient scriptures on which our present-day arrangements have been established.
This work is an attempt to discuss and finding out the ancient principles in our present day laws. How relevant these ancient principles in today’s socio-judicial framework? What principles our Constitution embodies and how it is inspired by the very teachings of Vedas and other ancient scriptures? All such questions have been addressed through this article.
Tracing the Imprints of Judicial System in Ancient Bharat
During the colonial rule, Britishers explored our philosophies and darshans which inspire them to make a sophisticated judicial system in Bharat. This system undergoes through various evolutionary reforms during different British leaderships.
The judicial system of an any country serves as the backbone of justice and guiding the nation in maintaining law and order. Ancient Bharat had its rich cultural heritage and also had a judicial system that was, ethical, and rooted in the principles of righteousness and fairness.
Today, as Bharat derived its way through a vast political landscape marked by western ideologies influenced by European deep state, it is evident that much of the ancient wisdom embedded in the judicial frameworks of yore has been forgotten. However, we can also figure out some imprints in the present judicial structure.
The Hindu System in the Present Judiciary
The today’s judicial system of Bharat is deeply influenced by the English common law, introduced during British colonization. However, it would be a mistake to assume that the legal system before colonization was simplistic or archaic. Ancient Bhartiya texts like the Dharmasutras, ManuSmriti, and Arthashastra lay down detailed legal procedures and principles that resonate with the concepts of justice and political framework even in modern times.For instance, ancient Hindu law placed great emphasis on ethical jurisprudence, natural justice, and the welfare of all beings (Sarva Bhūta Hita). The Dharmasutras addressed issues of family law, criminal law, and social obligations in ways that are surprisingly relevant to contemporary debates on human rights, gender justice, and social equity. The ideas of Nyaya (justice) and Dharma (moral order) formed the cornerstone of judicial functioning, reflecting a deep understanding of not only laws but also human nature and societal welfare.
The Forgotten Legacy in Ancient Bharat
With the advent of British colonialism and the subsequent adoption of English law, the judicial system in Bharat underwent a profound evolution. Unfortunately, in the process, much of the ancient legal wisdom was ignored, and today, many of us have lost our sight to know the heritage.
The Manusmriti, an ancient legal text, emphasis on personal conduct of individual, ethical behavior and societal duties that are contemporary to legal frameworks that prioritize the welfare of the state and the individual’s responsibilities toward society. For instance, the Manusmriti’s discourse on ‘Varna’ (social class) and ‘Ashrama’ (stages of life) provides insight into personal and social duties, which can be correlated with laws regarding caste and community rights in modern Bharat.
The ancient jurisprudence of Bharat, particularly under Hindu law, was far ahead of its time. It advocated for women's rights to property (as seen in the Dayabhaga and Mitakshara schools), rights of inheritance, and welfare-driven governance.
The courts in ancient Bharat were not a simple institution for punishment, but those centers were for justice, ethics, and morality. The focus was on restitution rather than mere retribution, ensuring that the wrongdoer compensated the victim and the wronged party found resolution.
Moreover, the use of evidence, witness accounts, and the principle of natural justice (Audi alteram partem) were foundational principles. These align closely with modern-day legal principles, yet they were practiced in Bharat centuries before similar ideas were introduced or can be said, copied by the Europeans. The notion of a fair trial, the concept of justice without bias, and an emphasis on truth over technicalities were the hallmarks of the ancient judicial system of Bharat. However, as colonized mind embraced English law, these indigenous concepts gradually faded from collective memory of all Bhartiya. The political developments of post-colonial Bharat, especially with the rise of various political ideologies, further contributed to the erosion of these values.
Today, modern political narratives, influenced by capitalist agendas and by the western Deep State, are more concerned with power dynamics and global trade war than with restoring the balance of justice as envisioned through ancient scriptures.
The Past Foreward: Learning From The Past
The world has changed, the core values that are provided in the ancient law of Bharat—values of Dharma, Nyaya, and Satya (truth)—remain timeless. To honor this legacy, Bharat must strike a balance between the efficiency of modern legal systems and the moral depth of its ancient wisdom.
As our country is moving foreward on the path to becoming a developed state, there is an urgent need to revisit and re-integrate the principles of the ancient judicial system, which were focused on ensuring that justice was not only done but also seen to be done. Reintroducing ethical jurisprudence, the prioritization of fairness over technicalities, and the idea that law serves a moral and societal purpose would help address many of the issues affecting modern judiciary.
Conclusion
Bharat’s current judicial system is built upon English legal frameworks and the imprints of its ancient judicial principles still linger. As comparative and researched based education has arrived, there is a growing realization that Bharat’s ancient judicial traditions hold relevance for today’s world. The time has come for Bharat to rediscover and reclaim the justice system that once made it a beacon of fairness and moral authority.