Vada in Theory and Practice: Studies in Debates, Dialogues and Discussions in Indian Intellectual Discourses c9.s3.4

c9.s3.4

Like the parliaments, judicial courts have also functioned as platforms for very lively debates on social, moral and ethical issues. Also, techniques for debates in these courts were also evolved. The Smṛti texts furnish in-depth analysis of the techniques and methodology of debates in judicial courts. The terms *vādī* and *prativādī* are used for the petitioner and the respondent. Alternately they are also called *arthī* and *pratyarthī*.¹⁴ The model of *vāda* is taken up, *pratijñā* (statement), *sādhana* (proof, reason, probans), *pramāṇa* (evidence), *sādhya* (probandum), *vivāda* (dispute) and *siddhi* (success) — these are the terms the authors of law books have used to describe the judicial proceedings.¹⁵