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Evolution Of Ancient Indian Judicial System

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Asst. Prof. Nilam Pansare, Dr. Satish Mane & Asst. Prof. Deepika Patil


ABSTRACT


This research paper critically examines the ancient Indian judicial systems, philosophical base, institutional structure and procedure which is deep rooted in the universal principle of Dharma. Far from primitive, ancient Indian jurisprudence was a combination of spiritual ethics and legal reasoning with variety of society drawn from sources like the Vedas, Smritis, Arthashastra, customary laws, and royal edicts. The present study speaks about hierarchical court system - from family (kula) to royal (Sasita) courts - exploring features such as judicial independence, ethical qualifications for judges, codified procedure and community based dispute resolution. A comparative analysis with modern Indian Judiciary vividly reveals constant continuities, especially in decentralized justice, legal ethics and recognition of customary law. This paper illustrates the impact of ancient jurisprudence on contemporary constitutional interpretation and reforms, evident in judicial pronouncements and ADR systems like gramnyayalay and Lok Adalats. Ultimately, it concludes that India's ancient legal system is incorporated into the modern judicial system, as its soul, culture, and spirituality are seen while delivering justice.


Keywords: Dharma, Judiciary, Vyavahara, Ancient India, Modern Judiciary, Legal History.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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