Significant Land Marks in the Legal History of India

Since Ancient Times

Law in India has primarily evolved from customs and religious prescription to the
current constitutional and legal system we have today, thereby traversing through
secular legal systems and the common law. India has a recorded legal history
starting from the Vedic ages. It is believed that ancient India had some sort of legal
system in place even during the Bronze Age and the Indus Valley civilization. Law
as a matter of religious prescriptions and philosophical discourse has an
illustrious history in India. Emanating from the Vedas, the Upanishads and other
religious texts, it was a fertile field enriched by practitioners from different Hindu
philosophical schools and later by the Jains and Buddhists.

Secular law in India varied widely from region to region and from ruler to ruler.
Court systems for civil and criminal matters were essential features of many ruling
dynasties of ancient India. Excellent secular court systems existed under the
Mauryas (321-185 BCE) and the Mughals (16th–19th centuries) which preceded the
current scheme of common law in India.

Ever since, “Hinduism” has largely developed as a term that embraces the varied
beliefs, practices and religious traditions among the Hindus that have common
historical formations including philosophical basis. 'Dharma' in Sanskrit means
righteousness, duty and law. Dharma is wider in meaning than what we
understand as law today. Dharma consists of both legal duties and religious
duties. It not only includes laws and court procedures, but also a wide range of
human activities like ritual purification, personal hygiene regimes, and modes of
dress. Dharma provided the principal guidance by which one endeavored to lead
his life.
There are three sources of Dharma or Hindu law. The first source is the
Veda or Vedas. The four primary Vedas are the Rigveda, Yajurveda, Samaveda,
and Atharvaveda. They are collections of oral texts of hymns, praises, and ritual
instructions. Veda literally means revelation.
The second source is called Smriti, which literarily means 'as remembered' and it
refers to tradition. They are the humanly authored written texts that contain the
collected traditions. The Dharmashastra texts are religion and law textbooks and
form an example of the Smriti tradition. Since only a few scholars had access to
direct knowledge or learning from the Vedas, Smritis are the written texts to teach
others. These texts are considered to be authoritative because they are believed to
include duties and practices that must have been sourced from the Vedas and
they are accepted and transmitted by humans who know the Vedas. In this way, a
connection is made between the Veda and smriti texts that make the latter
authoritative.

The third source of dharma is called the 'âchâra', which means customary law.
Âcharas are the norms of a particular community or group. Just like the smriti,
achara finds its authority by virtue of its connection with the Vedas. Where both
the Vedas and the Smritis are silent on an issue, a learned person who knows the
Vedas can consider the norms of the community as dharma and perform it. This
way, the Vedic connection is made between the Veda and the âchâra, and the
âchâra becomes authoritative.

Some of the most prominent Dharmashastra texts are Manusmriti (200BC-200CE);

Yajnavalkya Smriti (200-500CE); Naradasmriti (100BC- 400CE); Visnusmriti (700-
1000CE); Brhaspatismriti (200-400CE); and Katyayanasmriti (300-600CE). These
texts were often used for legal judgments and opinion. It is not clear if single or
multiple authors wrote these texts. They differ in format and structure from the
Dharmasutra and are written in the verse form.
Manu

Manu was the legendary author of an important Sanskrit law code, the Manu-
smriti (Laws of Manu). The Manusmṛti (Sanskrit: मनुस्मृति) is the most important and
most studied ancient legal text among the any Dharmasastras of Hinduism. It
was one of the first Sanskrit texts translated during the British rule of India in
1794, by Sir William Jones and used to formulate the Hindu law by the colonial
government.
Chanakya

Chanakya ( 350 – 275 BCE) was an Indian teacher, philosopher, economist, jurist
and royal advisor. He is traditionally identified as Kautilya or Vishnu Gupta, who
authored the ancient Indian political treatise, the Arthashastra (Economics). As
such, he is considered as the pioneer of the field of political science and economics
in India, and his work is thought of as an important precursor to classical
economics.

Narada

Naradasmriti is a part of the Dharmasastras, an Indian literary tradition that

serves as a collection of legal maxims relating to the topic of dharma. This text is
purely juridical in character in that it focuses solely
on procedural and substantive law known as the "juridical text par excellence."
The Naradasmṛti is the only Dharmasastra text to not cover areas such as
righteous conduct and penance. Its focused nature has made the text highly
valued by rulers and their governments, in Indian subcontinent and Southeast
Asia, likely as an aid of carrying out their dharma of justly ruling the country.

There was “no single ‘author’ of this text” but rather, either an individual or a
group who compiled all of the verses attributed by a particular community to the
sage Narada.
Yajnavalkya

The Yajnavalkya Smrti is a Hindu text of the Dharma-sastra tradition. It has

been called the "best composed" and "most homogeneous" specimen of this genre.

The Yajnavalkya Smrti consists of 1,010 slokas (verses). The text is laid out as a
frame story in which the sages of Mithila approach Yajnavalkya and ask him to
teach them dharma.

The majority of the text is then Yajnavalkya's description of dharma, divided into
three subtopics:

Acara (proper conduct),

Vyavahara (judicial procedures) and

Prayascitta (penance).
Sri Krishna Devaraya (1509-1530)

During reign of Krishna Devaraya the Judicial administration of the Vijayanagara

Empire was carried on along the lines indicated in his Amuktamalyada. He was
the opinion that the King should always rule with an eye towards Dharma. His
concern for the welfare of the people is amply proved by his extensive annual tours
all over the empire, during which he studied everything personally and tried to
redress the grievances of the people and to punish the evil doers.

Foreign traveller Paes summarises the king's attitude to matters of law and order
by the sentence, "The king maintains the law by killing." Offences against property
(designed to maintain stability) and for murder ranged from cutting of a foot and
hand for theft and beheading for murder (except for those occurring as a result of
duel).

He is great because he implemented discretionary powers of king in pardoning the

criminals who were awarded capital punishment.
Akbar

Abu'l-Fath Jalal ud-din Muhammad Akbar, popularly known as Akbar I literally

"the great"; 15 October 1542– 27 October 1605) and later Akbar the
Great (Urdu: Akbar-e-Azam; literally "Great the Great"), was Mughal
Emperor from 1556 until his death. He was the third and one of the greatest
rulers of the Mughal Dynasty in India. He is popular not only for his religious
tolerant policy but also for his impartial justice in awarding punishments to both
Hindus and musalmans.
JUDICIAL ADMINISTRATION

Akbar did not sit behind in the matters of the judiciary and introduced several
reforms in this field as well. Before the reign of Akbar only Islamic law was being
used for the subjects of the empire but Akbar made a new rule according to which
the Hindu subjects were ruled by the Hindu law while the Muslim subjects were
ruled by the Islamic law. The king was the highest authority and court of appeal
for all. Capital punishments were rare and were sentenced only by the king
himself in the extreme cases. Legal disputes between individuals were dealt in
Qazi courts while the disputes between an individual and the government or a
matter relating to the complaint of a government official were dealt in mazalim
courts which were presided by the Sultan.
Sher Shah suri

Sher Shah suri ruled India from 1540 to 1545, he improved the existing
machinery for the administration of justice. He administered justice with strict
impartiality and kept effective vigilance on the conduct of the judicial officers. He
is known with the title called ‘Nyaya Simha’ because of his impartial justice.
Jahangir (1605-1628)

Mughal King Jahangir instituted it in 1605 A.D. He recorded in his memoire that,
after his accession, the first order he gave, “was for the fastening up of the chain of
justice so that if those engaged in the administration of justice should delay or
practice hypocrisy, the aggrieved might come to this chain and shake it so that its
noise might attract my attention.”

Incredible facts about the chain

It was made of pure gold. It was 30 GAZ (80 Feet) in length and had 60 bells. Its
weight was 4 maunds (1 quintal).

Contemporary foreign travellers like William Hawkins personally saw it. It has also
been depicted in a contemporary painting made in 1620.

It was a novel way to redress the grievances f people who could approach the King,
the highest judicial Authority of the empire, directly without fee, fear or formality
for immediate relief. There was no distinction between poor or rich.
Aurangzeb
Fatawa-e-Alamgiri (also known as Fatawa-i-Hindiya and Fatawa-i Hindiyya) is a
compilation of law created at instance of the Mughal Emperor Aurangzeb (who
was also known as Alamgir).

This compilation is based on Sunni Hanafi Islam's Sharia law, and was the work of
many scholars, principally from the Hanafi school.
In order to compile Fatawa-e-Alamgiri, Aurangzeb gathered 500 experts in Islamic
jurisprudence (Faqih), 300 from the South Asia, 100 from Iraq and 100 from
the Hejaz (Saudi Arabia). Their work over years, resulted in an Islamic code of law
for South Asia, in late Mughal Era.

It consists of legal code on personal, family, slaves, war, property, inter-religious

relations, transaction, taxation, economic and other law for a range of possible
situations and their juristic rulings by the Hanafi jurists of the time.

Anglo-Hindu Law

Anglo-Hindu Law can be divided into two phases. The first phase is the period
between 1772 and 1864. This phase starts in 1772 when the British adopted rules
for administration of justice in Bengal. The second phase is the period between
1864 and 1947. After 1864, India was formally part of the British Empire, and in
1947, India became independent of the British.

The important features of the Anglo-Hindu Law are

In the first phase between 1772 and 1864, three main developments occurred with
respect to the Anglo-Hindu Law. First, the important dharmashastra texts were
compiled and translated by various British administrator-scholars including
William Jones, Henry Thomas Colebrooke, J.C.C. Sutherland, and Harry
Borrodaile. The rules from these texts were applied to Hindus in order to expand
British rule in India. Second, the court pundits were used in the British courts to
aid the British judges with the interpretation of the Dharmashastra texts and
implementation of the Classical Hindu Law. Third, the court pandits became
redundant due to sufficient proliferation and development of established case laws
of some precedent value. Departure from the Dharmashastra tradition is the most
significant development of the second phase of the Anglo-Hindu Law. The system
of court pandits ended due to sufficient proliferation of, and establishment of, case
laws during the first phase. Since there were problems with implementing the
Classical Hindu Law, the British legislated and codified various laws or acts,
largely in the form of the English Legal System or the modern form of law. The
British felt that that there were diverse customary legal practices among various
regions and communities in India, and they were not necessarily administratively
or otherwise connected with the idealized legal system of Dharmashastra. The
British administrators undertook studies and compiled the diverse customary
rules practiced among different communities. These customary rules were
consultative resources for the courts. Accordingly, the Dharmashastra tradition
lost its relevance. By and large, the idea of the English legal system was well
received by the Indian nationalist movement and was adopted after India's
independence from the British.
Warren Hastings
Born: December 6, 1732, Churchill, United Kingdom

Warren Hastings an English statesman, was the first Governor of the

Presidency of Fort William and thereby the first de facto Governor-General of
India from 1773 to 1785.
Reforms

In each district, there was established a Mofussial Diwan-i-Adalats, or civil court,

presided over by the District Collector, to try civil disputes. In the civil courts,
Hindu law applicable for Hindus and Muslim laws for Muslim. The appeal from
District Mofussil Diwan-i-Adalats lay to the Sadar Diwan-i-Adalats.
For the criminal matters, District Fauzdari Adalats were organized under Indian
Officer assisted by Qazis and Muftis and under the general supervision of
Collector. The criminal courts applied Muslim Criminal Law in a modified and less
harsh form. Sadar Nizamat Adalat at Murshidabad was organized for approval of
capital punishment and for acquisition of the properties.
Sir Elijah Impey (1774-1783)
He was a British judge, the First Chief Justice of the Supreme Court of
Judicature at Fort William in Bengal, Chief Justice of the Sadr Diwan-i-Adalat.

In 1775, He was presided at the trial of Maharaja Nandakumar, who was accused
of forging a bond in an attempt to deprive a widow of more than half her
inheritance. As a result of the trial he went down in history, because in 1787 he
was subjected to impeachment, along with Warren Hastings, for their conduct of
the case.
He was accused by Macaulay in the House of Commons of conspiring with
Hastings to commit a judicial murder by having unjustly hanged Nandakumar;
According to Macaulay, Impey later applied English law so aggressively as to
"throw a great country into the most dreadful confusion", until in effect bribed by
Hastings to desist.

William Jones

Sir William Jones ( 1746 –1794) was an a puisne judge on the Supreme Court of
Judicature at Fort William in Bengal, and a scholar of ancient India, particularly
known for his proposition of the existence of a relationship among Indo-European
languages. He, along with Henry Thomas Colebrooke and Nathaniel Halhed,
founded the Asiatic Society of Bengal in 1784, and started a journal
called Asiatick Researches.

William Jones an expert on languages and legal system in Ancient India,

translated the existing Hindu and Muslim penal codes into English.

Cornwallis

Charles Cornwallis was a British Army officer and colonial administrator.

Born: December 31, 1738, Grosvenor Square, London, United Kingdom

The Governor –General Lord Cornwallis (1786-1793) introduced changes in the
judicial system in 1787, 1790, and 1793. He had thoroughly reorganized the civil
and criminal judicial system in India in Bengal, Bihar, and Orissa. He for the first
time introduced the principle of administration according to law.

In 1787 he merged the revenue collection and power to try the revenue disputes in
the same hands of the magistrate who formed the Mal Adalat. Appeals from
the Mal Adalat had to go to the Governor General.

Cornwallis took a great step to improve administration of justice in

the Mofussil by reforming the criminal law. The scheme had three limbs: at the
lowest were the magistrates in the district, then the courts of circuits, and
ultimately there was the Sadar Nizamat Adalat at Calcutta (initially at
Murshidabad). Sadar Nizamat Adalat, put under the control of Governor-General
and his Council, was being assisted by the Muslim law officers who were to
expound the law. But later he brought reforms to the plan in year 1793 and
introduced the most famous plan of the history.

According to this plan the Supreme Court was divested of all its powers except for
the power of appeal and the Collector was to be given civil as well as revenue
cases. Executive was estranged from the judiciary in its entirety. He introduced
professional lawyers or vakeels in the courts to appear on behalf of the parties
to contest their case in order to increase efficiency.

Lord Cornwallis had initiated efforts to harmonize different codes existing at that
time. By the time of his departure in1793, the harmonized code, known in India as
the Cornwallis Code, was substantially complete.

The Cornwallis code :

 The salient features of the Cornwallis code are:

 Separation of revenue and justice administration.
 European subjects were brought under jurisdiction.
 Government officials were answerable to the civil courts for actions done in
their official capacity.
 The principal of sovereignty of law was established.
Lord Wellesley

Born: June 20, 1760, County Meath, Republic of Ireland

Richard Colley Wellsley, 1st Marquess Wellesley, KG, PC, PC, styled Viscount
Wellesley from birth until 1781 and known as The Earl of Mornington from 1781
until 1799, was an Irish and British politician and colonial administrator.
Macaulay

Thomas Babington Macaulay was a British historian and Whig politician.

Born: October 25, 1800, Leicestershire, United Kingdom

Lord Macaulay was the Chairman of the First Law commission (1835-48) of
India. The commissions’ most noteworthy contribution was the Penal Code
prepared under the guidance of the Macaulay. The Commission then drew its
attention to the complaint of the non- Hindu and non- Muslims and thus passed
the Lex loci report in 1837.

The report proposed an Act making a declaration that except for Hindus and
Muslims all others in Mofussil were to be put under English substantive Law to
the extent that it suited the Indian conditions.
William Bentinck

In the matter of the laws to be applied the very idea of a single omni-competent
legislative body in India had been mooted in 1829 by the Governor–General,
Lord William Bentinck. Administrators at that time wanted to secure uniformity of
law throughout the country and that was unattainable with three co-extensive
legislative powers existing in the country.

Charter of 1833 helped to receive the object desired. Under this the Governor–
General of Bengal, nominated as Governor-General of India, proposed a uniform
All India Legislation and thereby created a Legislative Council. The laws made by
the Council were applicable on all persons and courts. It had Lord Macaulay
appointed as its first Law Member whose powers were increased by the Charter of
1853.

The creation of new council at Calcutta caused the centralization and

concentration of power depriving the Councils of Bombay and Madras of their law-
making powers.

The four circuit courts were abolished and their functions transferred to collectors
under the supervision of the commissioner of revenue and circuit. Sadar Diwan-i-
Adalat and Sadar Nizamat Adalat were set up at Allahabad for the convenience of
people of the upper province.

Now onwards the suitor had the option to use Persian or a vernacular language
whereas in the Supreme Court English language replaced Persian.
Dr. B.R. Ambedkar

Born: April 14, 1891,

Education: London School of Economics and Political Science (1916–1922),

India's first Law Minister, Bhimrao Ramji Ambedkar, was appointed the
Chairman of the Constitution Drafting Committee. Therefore, Dr. Ambedkar has
been termed as the principal architect of the Indian Constitution.
Bhimrao Ramji Ambedkar, popularly known as Babasaheb, was an Indian jurist,
economist, politician and social reformer who inspired the Modern Buddhist
Movement and campaigned against social discrimination against Untouchables,
women and labour.

Sir Harilal Jekisundas Kania (3 November 1890 – 6 November 1951)

H.J. Kania was the first Chief Justice of India, dying in office in 1951.Kania was
born to a middle-class family at Surat. Kania took his BA from Samaldas College
in 1910, followed by an LLB from Government Law College, Bombay in 1912 and
an LLM from the same institution in 1913.

Jawaharlal Nehru

Born: November 14, 1889, Allahabad

Jawaharlal Nehru was the first Prime Minister of India and a central figure in
Indian politics before and after Independence.
Jawaharlal Nehru had drafted the Objectives Resolution which became the
primary source for Indian constitution.

The Objectives Resolution called for the integrity of the Indian Union and that its
authority and power were derived from the Indian people. It stated that all the
people should be secured with regards to justice, social, economic and political
equality of status, of opportunity, and before the law; freedom of thought,
expression, belief, faith, worship, vocation, association and action, subject to law
and public morality.

Justice M. Fathima Beevi

Fathima Beevi was born on 30 April 1927 at Pathanamthitta, Travancore
(now Kerala, India). Fathima Beevi was the first female judge to be appointed to
the Supreme Court of India (1989) and the first muslim woman to be appointed
to any higher judiciary. She is the first woman judge of a Supreme Court of a
nation in India and Asia. On her retirement from the court she served as a
member of the National Human Rights Commission and as Governor in Tamil
Nadu (1997–2001).

As the Governor of the state, she rejected the mercy petitions filed by the four
condemned prisoners in the Rajiv Gandhi assassination case. The prisoners had
sent the mercy petitions to the Governor, pleading her to exercise her power under
Article 161 of the Constitution (the Governor's power to grant pardon.