Research Paper

Dharma Under Indian

Jurisprudence

Name: Prakrati Manodhya

Roll No.: R450221174
SAP: 500094212
Batch: BA LLB Constitutional law Hons
Introduction

Dharma, a concept rooted in ancient Indian thought, signifies duty, law, justice, and the moral
order that sustains society and the cosmos. Over centuries, it has influenced India's legal
traditions, from its origins in Vedic philosophy to its integration into the Indian Constitution and
modern legal interpretations.
In ancient India not only was there tremendous development of mathematics, astronomy,
medicine, grammar, philosophy, literature, etc. but there was also tremendous development of
law. This is evident from the large number of legal treatises written in ancient India (all in
Sanskrit). Only a very small fraction of this total legal literature survived the ravages of time, but
even what has survived is very large.
This paper examines the role of Dharma as a jurisprudential principle, exploring its evolution
through different historical epochs and its relevance in contemporary law. By analyzing ancient
texts, judicial decisions, and philosophical interpretations, this research underscores Dharma’s
enduring role as both a moral and legal construct.

The concept of Dharma stands at the intersection of law, morality, and societal order. This
research paper explores its transformation from a guiding principle in ancient legal systems to its
subtle influence in modern jurisprudence. While rooted in Hindu philosophy, Dharma transcends
religious boundaries, representing a universal ethos of justice and harmony.

Objectives:

1. Historical Analysis: To examine Dharma’s role in shaping Indian jurisprudence across

different periods.
2. Conceptual Depth: To analyze its moral and philosophical underpinnings.
3. Modern Relevance: To assess Dharma’s influence in addressing current legal challenges
in India.

Methodology

The paper employs a multidisciplinary approach, drawing from historical texts, court judgments,
constitutional provisions, and comparative legal studies. It traces the development of Dharma
from its metaphysical origins to its manifestation in judicial reasoning and environmental and
human rights jurisprudence.

Structure

The paper is organized to address Dharma in three temporal contexts: ancient, medieval, and
modern, concluding with its future prospects in Indian and global jurisprudence.
Conceptual Foundations of Dharma

Etymology and Core Meaning

Dharma derives from the Sanskrit root dhṛ, meaning "to hold" or "sustain." Unlike Western legal
terms, which often emphasize enforcement, Dharma is broader and encompasses:

● Moral Duty: The ethical obligations of individuals.

● Social Order: The customs and norms that sustain community life.
● Universal Law: Principles aligning with cosmic harmony (rita).

Dharma in Vedic Literature

The Vedas, considered the earliest repositories of Indian thought, view Dharma as the
fundamental law governing the universe.

● Rigveda: Introduces rita, the cosmic order, as a precursor to Dharma.

● Upanishads: Emphasize Dharma as a path to spiritual enlightenment, linking ethical
conduct to self-realization.

Philosophical Context
In the Indian philosophical tradition, Dharma is linked to the four Purusharthas (goals of life):

1. Dharma: Righteousness and moral duty.

2. Artha: Material prosperity.
3. Kama: Desire and enjoyment.
4. Moksha: Liberation.

Distinction from Modern Law

While modern legal systems prioritize enforceable laws, Dharma integrates morality, social
norms, and spiritual principles. This holistic approach underpins its unique contribution to
jurisprudence.

Dharma in Manusmriti and Arthashastra

The Manusmriti (Manu’s Code) and Arthashastra (Kautilya’s treatise on governance) provide
contrasting views of Dharma:

● Manusmriti: Advocates a moral-legal code, defining duties for individuals based on

caste (varna) and stage of life (ashrama).
● Arthashastra: Adopts a pragmatic view, emphasizing governance and statecraft over
moral absolutes.
Role of Dharma in Dispute Resolution

Ancient courts relied on Dharma as a guiding principle:

● Vyavahara (judicial procedure) supplemented by Charitra (customs) and Rajashasana

(royal decrees).
● Judges were tasked with interpreting Dharma to ensure fairness, balancing textual
mandates with situational context.

Adaptability of Dharma

Dharma was not rigid; it accommodated local customs (desachara) and changing societal norms.
This adaptability ensured justice was context-sensitive and inclusive.

The Evolution of Dharma in Medieval Indian Law

Islamic Influence on Dharma

The advent of Islamic rule introduced Sharia, leading to a coexistence of Hindu and Islamic legal
traditions:

● Hindu communities continued to follow Dharma-based customary laws in personal

matters.
● Islamic rulers often upheld Dharma principles in governance to ensure societal harmony.

Syncretism in Legal Practices

Medieval India saw a blending of legal traditions:

● Hindu principles of Dharma influenced Islamic judicial decisions in areas like land
disputes and taxation.
● The Mughal Empire institutionalized legal pluralism, allowing coexistence of multiple
legal systems.
Dharma and British Indian Jurisprudence

Orientalist Interpretations

British colonial administrators, guided by Orientalist scholars, sought to codify Hindu law:

● Dharma was reduced to a static, textual concept, often misinterpreted due to reliance on
texts like the Manusmriti.
● This approach ignored the dynamic, customary nature of Dharma in practice.

Transformation Under Colonial Rule

The colonial legal framework marginalized Dharma's holistic ethos:

● It replaced Dharma’s emphasis on reconciliation with adversarial legal procedures.

● The introduction of codified laws (e.g., Indian Penal Code, 1860) created a disconnect
between traditional values and formal legal systems.

Dharma in Modern Indian Jurisprudence

Constitutional Reflection of Dharma

India’s Constitution incorporates elements of Dharma:

● Fundamental Rights (Articles 14-32) embody justice and equality, aligning with
Dharma’s moral tenets.
● Directive Principles of State Policy (Articles 36-51) reflect Dharma’s emphasis on
social welfare and ecological harmony.

Dharma in Personal Laws

Hindu personal laws, particularly in marriage, inheritance, and adoption, are rooted in Dharma:

● The Hindu Marriage Act, 1955, and Hindu Succession Act, 1956, adapt Dharma
principles to align with constitutional values of equality and justice.

Judicial Interpretations

Indian courts often invoke Dharma implicitly:

● Kesavananda Bharati v. State of Kerala: The doctrine of the basic structure reflects
Dharma’s underlying moral ethos.
● Vishaka v. State of Rajasthan: Judicial activism to address gender justice reflects the spirit
of Dharma.
Relevance of Dharma in Contemporary Legal Challenges

Environmental Jurisprudence

Dharma’s emphasis on ecological balance has inspired Indian environmental law:

● The concept of intergenerational equity, seen in cases like T.N. Godavarman v. Union of
India, echoes Dharma’s holistic view of nature.

Human Rights and Gender Justice

Dharma continues to evolve to address issues like gender equality:

● Shayara Bano v. Union of India (Triple Talaq case) demonstrates Dharma’s adaptability
in promoting justice over rigid tradition.

Global Jurisprudence

Dharma’s principles align with international legal concepts:

● The natural law tradition in Western jurisprudence parallels Dharma’s moral

underpinnings.
● Comparative studies highlight Dharma’s relevance in promoting global justice.

Ancient Jurists in Indian History: A Detailed Exploration

The ancient Indian legal tradition is a rich tapestry woven with contributions from jurists,
philosophers, and sages who laid down principles of law and governance. These jurists were not
merely interpreters of laws but also visionaries who linked legal rules with moral, social, and
spiritual ideals. Their works continue to influence Indian jurisprudence today. Below is a detailed
account of the contributions and philosophies of key ancient jurists in Indian history.

1. Manu and the Manusmriti

Overview

Manu, often referred to as the "first lawgiver of India," is credited with composing the
Manusmriti (The Laws of Manu), one of the oldest legal texts in the world. The Manusmriti,
dated between 200 BCE and 200 CE, serves as a cornerstone of ancient Indian jurisprudence.
Contributions

1. Comprehensive Legal Code: The Manusmriti addresses various aspects of life,

including:
○ Social obligations and conduct.
○ Property rights and inheritance.
○ Criminal law and punishments.
○ Duties of kings and governance principles.
2. Caste and Dharma: Manu’s laws are structured around the concept of varna (caste) and
ashrama (stages of life), detailing specific duties for individuals based on their societal
role.
○ Varna Dharma: Duties assigned to Brahmins, Kshatriyas, Vaishyas, and Shudras.
○ Ashrama Dharma: Guidelines for individuals in different life stages (e.g., student,
householder, ascetic).
3. Dispute Resolution: The Manusmriti provides a framework for judicial proceedings,
emphasizing truth, evidence, and impartiality.

Legacy

Manu's codification of Dharma had a profound influence on later Hindu law. However, it has
faced criticism in modern times for endorsing hierarchical social structures.

Yajnavalkya and the Yajnavalkya Smriti

Overview

Yajnavalkya, a sage mentioned in the Brihadaranyaka Upanishad, is another significant figure in

Indian legal history. His work, the Yajnavalkya Smriti, is considered a refined and practical legal
text, often compared favorably with the Manusmriti.

Contributions

1. Balanced Approach: Yajnavalkya’s legal philosophy balances Dharma, Artha (material

well-being), and Moksha (spiritual liberation).
2. Focus on Practicality: Unlike Manu, Yajnavalkya emphasizes practicality in
governance, making his text more relevant for administrative purposes.
3. Tripartite Framework: His legal code is divided into three sections:
○ Achara: Ethical conduct and personal behavior.
○ Vyavahara: Judicial procedures and civil law.
○ Prayaschitta: Penances for expiation of sins.
Legacy

The Yajnavalkya Smriti heavily influenced medieval Hindu legal commentaries and became a
key source for interpreting Dharma in subsequent centuries.

Narada and the Narada Smriti

Overview

Narada, a legendary sage in Hindu mythology, is credited with authoring the Narada Smriti. This
text focuses on Vyavahara (judicial procedures), making it one of the earliest specialized
treatises on procedural law.

Contributions

1. Emphasis on Legal Procedures: Narada elaborates on legal practices such as:

○ Classification of legal disputes.
○ Role of witnesses and evidence.
○ Procedures for trials and appeals.
2. Categorization of Disputes: He classifies disputes into several categories, including
property, debt, marriage, and partnership, providing clarity for judges.
3. Secular Approach: Narada’s approach is less religious and more secular, focusing on
fairness and justice in societal transactions.

Legacy

The Narada Smriti became a reference for jurists during the Gupta period and influenced
subsequent judicial practices.

Brihaspati and the Brihaspati Smriti

Overview

Brihaspati, a Vedic sage and teacher, is associated with the Brihaspati Smriti, a text emphasizing
the principles of governance and economic management.

Contributions

1. Secular Governance: The Brihaspati Smriti advocates for practical governance over
rigid adherence to religious codes.
 2. Commercial and Contract Law: Brihaspati focuses on issues like trade disputes,
contracts, and partnerships, highlighting the growing complexity of economic life.
3. Restorative Justice: His legal philosophy emphasizes restitution and compensation over
punitive measures.

Legacy

Brihaspati’s emphasis on economic and commercial law influenced the development of

mercantile laws in medieval India.

Kautilya and the Arthashastra

Overview

Kautilya (also known as Chanakya), a scholar and advisor to Emperor Chandragupta Maurya,
authored the Arthashastra (The Science of Politics), a comprehensive treatise on statecraft and
governance, dated around 300 BCE.

Contributions

1. Pragmatic Statecraft: The Arthashastra prioritizes the king’s duty to ensure law and
order, often through pragmatic rather than moral means.
○ Danda Niti: The principle of governance through punishment.
2. Economic and Administrative Law: The text provides guidelines on taxation, resource
management, and the regulation of commerce.
3. Role of Judges and Courts: Kautilya emphasizes the role of trained judges and codified
legal procedures to maintain justice.
4. Espionage and Internal Security: Unique to Kautilya’s work is its focus on intelligence
gathering and state security, showcasing the broader scope of law in governance.

Legacy

The Arthashastra remains one of the most influential texts on governance, with its principles of
pragmatism still studied in political science and law.

Mitakshara and Dayabhaga Schools of Law

Overview

Although not ancient jurists, the schools of law developed by medieval commentators like
Vijnaneshwara (Mitakshara) and Jimutavahana (Dayabhaga) are rooted in ancient traditions.
They represent the evolution of Dharma-based jurisprudence in personal laws.
Mitakshara School

● Developed by Vijnaneshwara in the 12th century, it interprets ancient texts like the
Yajnavalkya Smriti.
● Focuses on joint family property and coparcenary rights.

Dayabhaga School

● Developed by Jimutavahana in Bengal, it emphasizes individual property rights over joint

family claims.

Legacy

These schools continue to influence Hindu personal laws in contemporary India.

The Role of Customary Laws and Local Jurists

Ancient Indian jurisprudence was not confined to written texts; local jurists played a significant
role in interpreting and applying Dharma. Customary laws (Desachara) were often considered
more binding than textual laws, showcasing the adaptability of the legal system.

Conclusion

The Continuing Evolution of Dharma

Dharma has evolved from a spiritual ideal to a practical principle in law, adapting to changing
societal needs while retaining its core values of justice and harmony.

Challenges and Future Prospects

The challenge lies in preserving Dharma’s relevance without imposing dogmatic interpretations.
Future legal frameworks must integrate Dharma’s ethical insights with contemporary demands
for pluralism and inclusivity.

Final Reflections

Dharma’s journey through Indian jurisprudence underscores its resilience and adaptability. As a
guiding principle, it offers a unique blend of morality, law, and justice, making it a cornerstone of
not only Indian but also global legal thought.
Thus we see that while upto the feudal age society was relatively stable and human progress was
very slow, and largely spontaneous (because for centuries the same kind of primitive productive
technique was used for agriculture), the Industrial Revolution of 18th and 19th century in Europe
and America, which later spread all over the world, has completely altered this situation.
Machine production ushered in totally new kinds of social relations. The basic feature of modern
society is its remarkable instability due to the revolutionary nature of modern industry. By
continuously changing the techniques of production (by new scientific inventions and
discoveries) modern industry is constantly causing major changes in social relations and,
therefore, in the law. While feudal society was based on conservation of production techniques,
industrial society is based on continuously altering and improving them.

As already stated above, the main source of law in modern times is legislation. By its very
nature, legislation brings about at a particular moment abrupt change in social relations. This is
in sharp contrast to customary law which evolved very slowly over the centuries without radical
and abrupt departure from the past. Since each major technical advance in modern industrial
society brings about a change in social relations, it calls for new legal norms, which 28 is not
possible by slow customary growth. Hence, legislation has become the most important source of
law in modern society.

However, as pointed out by the sociological jurists, there were often gaps in the statutory law,
and also the statutory law did not always keep pace with the pace of social development due to
advancement in technology. This required a judge to make law to fill in these gaps, in certain
circumstances. Hence, we can say that modern industrial jurisprudence while mainly positivist,
in that it relies mainly on legislation, also uses the ideas of sociological jurisprudence by
supplementing the legislation whenever there is a legal vacuum or when compelling social need
arises. Also, it sometimes uses some concepts from natural law, e.g. the rules of natural justice
(when there is no statutory rule). Thus while ancient Indian jurisprudence can be said to belong
to the historical school of jurisprudence, modern jurisprudence is a combination of positivism,
sociological jurisprudence and natural law.

References
1. Manusmriti, translated by Patrick Olivelle.
2. Arthashastra, translated by L.N. Rangarajan.
3. Granville Austin, The Indian Constitution: Cornerstone of a Nation.
4. Upendra Baxi, Human Rights in a Posthuman World.
5. B.K. Sharma, Indian Political Thought.
6. Lariviere, Richard W. “Dharma and Law in India.” American Oriental Society.
7. Kane, P.V. History of Dharmasastra (Ancient and Mediaeval Religious and Civil Law).