Vada in Theory and Practice: Studies in Debates, Dialogues and Discussions in Indian Intellectual Discourses c7.s4.11

c7.s4.11

Like the parliaments, judicial courts have also functioned as platforms for very lively debates on social, moral and ethical issues. These courts also initiated new techniques and methodologies for discussions and debates. Smṛti texts furnish in depth analysis of these techniques. *Bṛhaspatismṛti* (1.17) lays down four steps of the judicial process involving debate — *pūrva-pakṣa* (petitioners view), (ii) *uttara* (reply by the respondent), (iii) *kriyāpāda* (specifying the action to be taken), and (iv) *nirṇaya* (judgment). Reply under no. (ii) is divided by *Śukrasmṛti* into four categories — *satya* (factual), *mithyā* (false), *pratyavaskandana* and *pūrvavyavahāravidhi*. The first is also named as *pratipatti*. It is the acceptance of the points raised by the petitioner. The second is negation of the points raised by the petitioner. *Pratyavaskandana* is partial acceptance with a view to denounce the case as presented by the petitioner. This is done by adding rejoinders. The fourth involves citations of previous arguments and victory acquired by the respondent in the same or similar cases.