Judicial Administration in Ancient India
The administration of justice in ancient India presents a fascinating tapestry of legal and social practices, revealing a system intricately woven into the fabric of society. Unlike contemporary governance, where the state predominantly oversees the judicial framework, ancient legal systems often operated outside the purview of the monarchy. Vedic literature notably does not assign judicial roles to kings in civil or criminal matters, yet certain figures like the sabhapati in the later Vedic period may have assumed judicial responsibilities.
As jurisprudence evolved, the Dharma Shastras
and Arthashastra
laid the groundwork for a more structured judiciary. The king emerged as the
fountain of justice, with the divine duty to punish offenders. A failure to
fulfill this obligation might be seen as neglecting a sacred duty, emphasizing
the king's moral and legal responsibilities. Indeed, texts prescribed that the
king dedicate significant time to adjudication, potentially delegating duties
to a chief justice, or pradvivaka, who was expected to be well-versed in
substantive law and procedural norms.
Courts varied in structure and function,
ranging from informal Kula
courts composed of village elders
to guild courts (Sreni) and more
formalized systems located within territorial divisions. This rich legal
history reflects the complexities of ancient Indian society, illustrating how
jurisprudence was not merely a function of power but a collective endeavor to
uphold justice through community involvement and adherence to established
principles.
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