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Hindu Polity: A Constitutional History of India in Hindu Times c45.52

Hindu Polity: A Constitutional History of India in Hindu Times c45.52

Language
English

c45.52

This affords a glimpse into the Hindu method of legal reform. Hindu Law was normally considered traditional and as such could not, in theory, be altered by direct or avowed changes introduced by the State. The law was, however, occasionally altered by direct legislation³ and more generally by interpretation, and also by new treatises fathered on ancient names, *e.g.*, the Nārada Smṛiti. Over and above these there was the agency of the two law ministers. The ministers rejected such laws as having regard to the circumstances of the community and public weal were deemed undesirable to be put into operation. They also took into consideration the popular view with regard to the current laws. This method of legal pruning and regard for the popular opinion resulted in the modification of laws and in effect acted as new legislation. It may not be unlikely that the different treatises on Hindu Law differing from each other and modifying earlier laws might, after all, have been the works of Ministers of Law.

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