
The administration of justice in ancient
India presents a fascinating tapestry of legal and social practices, revealing a system intricately woven into the fabric of society. Unlike contemporary governance, where the state predominantly oversees the judicial framework, ancient legal systems often operated outside the purview of the monarchy. Vedic literature notably does not assign judicial roles to kings in civil or criminal matters, yet certain figures like the sabhapati in the later Vedic period may have assumed judicial responsibilities.
As jurisprudence evolved, the Dharma Shastras and Arthashastra laid the groundwork for a more structured judiciary. The king emerged as the fountain of justice, with the divine duty to punish offenders. A failure to fulfill this obligation might be seen as neglecting a sacred duty, emphasizing the king's moral and legal responsibilities. Indeed, texts prescribed that the king dedicate significant time to adjudication, potentially delegating duties to a chief justice, or pradvivaka, who was expected to be well-versed in substantive law and procedural norms.
Interestingly, judicial outcomes were generally unappealable, underscoring the finality of royal decrees. While impartiality was expected of the king, the law also encompassed religious and secular dimensions, representing both divine mandates and universal principles. The presence of jurors was essential to the judicial process; without them, trials could not commence. Jurors, ideally Brahmanas knowledgeable in sacred law, provided a multiplicity of perspectives to mitigate biases, although in some civil disputes, their expertise was less critical.
Courts varied in structure and function, ranging from informal Kula courts composed of village elders to guild courts (Sreni) and more formalized systems located within territorial divisions. This rich legal history reflects the complexities of ancient Indian society, illustrating how jurisprudence was not merely a function of power but a collective endeavor to uphold justice through community involvement and adherence to established principles.