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History of Indian Legal System - Part 1

This blog will help you for preparation of law entrance exam in India. Questions on this topic are asked in entrance Exams like Maharashtra LAW CET (MHLAW CET), CLAT, AILET, AP Law CET, TS LAW CET etc and during course semester exams also.

What is the main source of Hindu Law?

T he first known source of law in India was classical Hindu law. “Dharma” deals with legal and religious duties. And the sources are Veda, Smriti and Aachara.

What are Vedas?

Rigveda, Yajurveda, Samaveda, and Atharvaveda are the four Vedas. Vedas consisted of hymns, praises, customs, and religious obligations.

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What is defined in Smritis?

Obligations, practices, and teachings of religion that an individual needs to practise in society are defined in Smritis. ‘Dharmashastra’ is a Smriti and one of the primeval legal texts written in Sanskrit, containing information such as the principles of law, duties of the king, manner of evidence, and witnesses.

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What is Dharmashastra’ ?

‘Dharmashastra’ is a Smriti and one of the primeval legal texts written in Sanskrit, containing information such as the principles of law, duties of the king, manner of evidence, and witnesses. The king was in command and was counselled by his ministers.

What is Vyavahara?

The legal procedure was Vyavahāra under Hindu law. The stages of legal procedure were: the plaint, the reply, the trial, and the decision.

Which are prominent Smritis?

Manusmriti, Yajnavalkya Smriti, Naradasmriti, Vishnu Smriti , Brhaspatismriti and Katyayanasmriti are some of the prominent Smritis. “Manusmriti” is the ancient set of rules that binds a person by specific responsibilities and obligations.

Time Frame of Manusmriti :

200 BC – 200 CE

Time frame of Yajnavalkya Smriti:

200 – 500 CE

Time frame of Naradasmriti:

100 BC – 400 CE

Time frame of Vishnu Smriti:

700 – 1000  CE

Time Frame of Brhaspatismriti:

200 – 400 CE

Time frame of Katyayanasmriti:

300 – 600 CE

Which are primary sources of Muslim Law?

Quran, Sunna and Hadis, Ijma, and Qiyas were the primary sources of Muslim law. 

Which principles were governing the judicial procedure in Mughal Era?

Fiqh-e-Firoz Shahi and  Fatwai-i-Alamgiri were the principles governing the judicial procedure.

What is Mahakuma-e Adalat?

The Mughal emperor set up a separate justice department called Mahakuma-e Adalat to govern and then see the proper administration of justice within the empire.

What was top most court in Mughal era?

The Emperor’s court, which was controlled by the emperor, was the court of the empire’s highest order. The Emperor was supported by Daroga-e-Adalat, Mir Adil & Mufti when hearing the cases as a court of first instance. The Emperor presided over a bench consisting of the Chief Justice (Qazi-ul-Quzat) and other chief justice court Qazis while hearing the appeal.

Explain the Chief Justice’s Court

Chief Justice’s court was the second significant court during mughal era. This court was controlled over by the Chief Justice which was supported by two highly essential Qazies. It had jurisdiction and the discretion to hear civil, original as well as criminal cases. Provincial court appeals were also heard in Chief Justice’s court.

Explain the Chief Revenue Court.

It was the third relevant court of appeal for cases involving revenue. The four officials, namely Daroga-e-Adalat, Mir Adil, Mufti and Muhtasib have also supported this court.

What is Qazi-e-Askar?

For military matters Qazi-e-Askar was established. This court travelled with troop during military movements.

The Governor’s Court (Adaalat-e-Nasim-e-Subah)

Nazim of Governor had control over this court. All cases relating to province were handled in this court. This court also had the authority to hear lower court appeals.

District Court

The districts in the Mughal Period were known as Sarkars and Sarkars were divided into four courts. District Qazi Court, Faujdaar Adalat, Kotwali trial, Amalguzari Kachari were four courts.

What is Hadd (Fixed Penalties)?

Hadd has meant specific punishment for particular offences.It is the type of punishment imposed by the law of the cannon that could not be reduced or changed by human agency.

What is Tazir (Discretionary Punishment)?

It was another type of punishment that meant prohibition and applied to all crimes not classified under Hadd. All offences against King or the Shahenshah were offences for which Tazir was fixed.

Explain Qisas (retaliation) and Diya (Blood money).

Qisas meant life for life and limb for limb. Diya (Blood money) means the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake.

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