Public Administration in Ancient India c15.41

c15.41

So much about the Courts of Justice. We now pass on to a consideration of judicial procedure as it prevailed in Ancient India. Justice was administered in accordance with legal rules which fell under one or other of the following four heads: (a) Sacred Law (Dharma), (b) Secular Law (Vyavahāra), (c) Custom (Charitra), and (d) Royal Commands (Rāja-śāsana).¹ “Sacred Law,” says Chānakya, “is the embodiment of truth; Secular Law depends upon evidence; Custom is decided by the opinion of people; and Royal Edicts constitute administrative law.”² Some of the Smriti works adopt slightly different orders of classification, and they are often unwilling to admit the validity of Royal Edicts in the administration of justice. Opinion is also divided as to the relative importance of the different sets of legal rules. Chānakya and Nārada agree in holding that “each following one is superior to the one previously named” in the above classification; but the former adds, “When there is disagreement between Sacred Law and Secular Law, or between Sacred Law and Custom, the matter should be decided according to Sacred Law. When, however, there is disagreement between Sacred Law and Morality, Morality shall prevail, for it is likely that the original text (governing such a case) has been lost.”¹ According to Nārada, “When it is impossible to act up to the precepts of Sacred Law, it becomes necessary to adopt a method founded on reasoning, because Custom decides everything and overrules the Sacred Law. Divine Law has a subtile nature, and is occult and difficult to understand. Therefore (the King or the judges) must try causes according ‘to the visible path.’”² Thus, in practice, customs were the most important of the four divisions of law, and Manu³ and almost all the other law-givers lay it down as the essential principle in the administration of justice that disputes should be decided according to the customs of countries and districts (janapada), of castes (jāti), of guilds (śreṇi), and of families (kula).