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Hanffleck™ — Syston th Airotur Tudo - Dirormatoxt7O al Y SIN INDIAN LEGAL AN, STH NL AND CONSTITUTIONAL Hye } IsTony [c * CHAP, period began with the withdrawal of the British whe! was declared independent. ren on 15th August, 1947, India can? (A, HINDU PERIOD : JUDICIAL SYSTEM IN ANCIENT INDIA i . During the Hindu period in ancient India, Hindu i in ns and 1 Y C ; du society , institutions and beljer. gradually developed and a definite sha pe was given to shen ha ny if rant mie a zg cm. portant belie! and doctrines of today are deep-rooted in the anci i i ; deep- € ancient Hindu ideology. der 04 understand properly the ancient judicial system of India, it is of vital Vapertones to consider bricfly three important factors: Firstly, the social institutions ‘cia ' India, secondly, its political system and institutions and lastly, its religion and religious philosophy. Cr 1. Ancient Hindu Social Order, Institutions and Religious Philosophy Molsja In determining the social order two important concepts may be stated, namely. the caste system and Tite family system. ; “ (i) Caste system. The caste system emerged in ancient India as unique and one 0 of the most rigid sociaJ systems ever developed in any part of the world.! A caste ax was a social group consisting solely of persons born in it.? Whole society was he Hi divided into four main castes./The four castes were precisely and clearly defined and Wyss rules pertaining to their lawful activities and functions dominated all social -activities./The Brahmins were considered to be the most superior caste. The scholars Ny and priests of the Hindus belonged to this caste. They had in law and in fact Say bo : y Frater privileges and prerogatives not held by other sections of Hindu society. The pais We kingdoms mostly belonged. The Vaisyas were the - Kshatriyas were the nobles and warriors and to this caste tulers of various States and g merchants and traders. The SPA Sudras were the workers and ranked lowest. The caste was determined by birth. The members of the three upper classes, namely, Brahmins, Kshatriyas and Vaisyas were Vil oy " . Ni WA the elite of Hindu society. Caste determined the pattern of life amongst Hindus profession and social obligations. Caste Z relating to their status, living, marriage, ? The basis and ENYA consciousness had become a marked feature in social relationship castes. Sub-caste { continuance of caste system depended on the vast network of. relationships were based on specialisation of work and economic independence. The Navadsey caste association further diluted political loyalties. In later centuries caste lute and reached its peak in caste panchayats. Each caste ° Smarr _ panchayat was regarded a hy 6 Still it was most needed to suit exclusiveness became abso' s a supreme authority for the particular caste in each no ndian society. Though the caste system was conservative the requirements of ancient India.4 & em.—The joint family system was another important (ii) Joint family syst institution which determined the social order amongst Hindus in ancient India. A Ny [s) village. It gave stability to I 1) (At Stamasas: Evolution of Indian Polity, p. 73 ; see also A.L. Basham: The Wonder that was India, ew Ch. V, pp. 147-149 ; R.C, Dutt: The Early Hindu Civilisation, pp. 53, 145, 227 ; Later Hindu (\ Civilization, pp. 58-82. 2. See Ronald Segal: The Crists of Indla, Ch. 11, pp. 34-37 ; lrawati Karve: Hindu Sociery—An \ Interpretation, pp. 90-92. i Class in India, p. 47. For Caste distinctions in Law, see J.W. Spellman: 3. G.S. Ghurye: Caste and th ‘Anctent India, pp. 111-112. Political Theory of. J 4. The Caste system is gradually dying out in Modem India. See also Sir Percival Griffiths: Modern India (New York, 1957), P. 31. 4 Be | Weal, Og: order) : f. | 7 
