Public Administration in Ancient India c14.3

c14.3

The belief prevailed among the ancient Āryans of India, as among other early communities, that all laws, political as well as moral, were of divine origin. And the divine will was assumed to have been manifested in the Sacred Books and in immemorial customs. These, then, were the fountain-heads to which people were to look for their knowledge of law. Thus, Gautama, one of the earliest writers on law, says: “The sources of law are the Vedas, and the tradition and practice of those who know the Vedas.”² But he adds that the administration of justice should be regulated by the Vedas, the Institutes of the Sacred Law, the Angas, the Purānas, the (special) laws of countries, castes and families (not being opposed to the sacred records), the usages of cultivators, traders, herdsmen, money-lenders, and artisans.³ Āpastamba mentions the Vedas as the primary source of law, and the agreement among learned men as the secondary source.¹ Bodhāyana’s list is slightly different. He says: “The Sacred law is taught in each Veda. (The Sacred law) taught in the Tradition (Smriti, stands) second. The practice of the Sishtas (stands) third.”² According to Manu, the sources of law are: (1) The Vedas, (2) the Smritis, (3) good customs, and (4) self-satisfaction.³ Yājnavalkya gives Manu’s four sources, but adds ten more as subsidiary sources, thus bringing the total up to fourteen. The secondary sources are (5) deliberation, (6) decisions of Parishads and of persons learned in the Vedas, (7) the Purānas, (8) Nyāya, (9) Mīmāmsā, (10) the Dharmasāstras, (11) temporary needs not inconsistent with one’s duties, (12) royal edicts, (13) special usages of corporations, guilds, and communities of heretics, etc., and (14) local customs.⁴ Manu also incidentally refers to the primeval laws of countries, of castes, of families, and of heretics and companies (of traders and the like) as rules governing human conduct.⁵