The Indian legal system, though formally structured during the British colonial period, has roots that go far deeper into the subcontinent’s ancient philosophical and cultural traditions. One of the most significant influences on the evolution of Indian law has been Sanatan Dharma, often referred to as Hinduism. Sanatan Dharma is not merely a religion but a comprehensive way of life encompassing moral, social, and legal principles. Its impact on the development of legal norms, concepts of justice, and governance in India is profound and enduring.
CONCEPT OF DHARMA AS THE FOUNDATION OF LAWÂ Â Â Â
At the core of Sanatan Dharma lies the concept of Dharma, which can be broadly understood as duty, righteousness, moral order, and law. Unlike modern legal systems that strictly separate law from morality, ancient Indian jurisprudence treated law as inseparable from ethical conduct. Dharma governed not only individual behavior but also the functioning of rulers, courts, and social institutions.
In ancient India, law was not viewed merely as a set of enforceable rules but as a means to uphold cosmic and social order (Rta). Kings were regarded as custodians of Dharma, entrusted with the duty to protect justice rather than exercise absolute authority. This idea laid an early foundation for the principle that governance must be guided by moral responsibility, a notion that continues to resonate in contemporary constitutional values such as justice, equality, and rule of law.
DHARMASHASTRAS AND EARLY LEGAL CODES
The influence of Sanatan Dharma on Indian law is most clearly visible in the Dharmashastras, ancient legal and moral texts that regulated social conduct. Texts such as the Manusmriti, Yajnavalkya Smriti, and Narada Smriti dealt extensively with civil, criminal, family, and procedural laws. These texts addressed issues such as property rights, inheritance, contracts, marriage, punishment, and judicial procedure.Â
While modern legal scholars critique certain discriminatory aspects of these texts, particularly regarding caste and gender, it is important to recognize their role in providing an organized legal framework at a time when many civilizations lacked codified laws. The Dharmashastras introduced systematic principles of evidence, liability, and adjudication, influencing later customary and personal laws.
ROLE OF KINGS AND ADMINISTRATION OF JUSTICE
Sanatan Dharma placed significant emphasis on the duty of the king (Raj Dharma). The king was considered subject to Dharma and not above it. He was expected to ensure justice, protect the weak, and punish wrongdoing impartially. Ancient texts prescribed that rulers who failed in their duty would lose moral legitimacy.
Courts existed at various levels, from village assemblies to the king’s court, ensuring accessibility to justice. Judges were expected to be learned, impartial, and guided by both law and conscience. This idea of judicial accountability and ethical adjudication forms an important philosophical precursor to modern principles of judicial independence and fairness.
INFLUENCE ON PERSONAL LAWS
One of the most direct continuations of Sanatan Dharma in the modern Indian legal system is seen in Hindu Personal Laws. Laws relating to marriage, adoption, guardianship, succession, and inheritance draw heavily from ancient Hindu customs and Dharmashastric principles.
Post-independence, these personal laws were reformed and codified through statutes such as the Hindu Marriage Act, 1955, Hindu Succession Act, 1956, and Hindu Adoption and Maintenance Act, 1956. While these laws modernized and constitutionalized traditional practices by promoting gender equality and individual rights, their philosophical roots remain deeply embedded in Sanatan Dharma.
PRINCIPLES OF JUSTICE AND NATURAL LAW
Sanatan Dharma contributed significantly to the Indian understanding of natural justice. Concepts such as fairness, reasonableness, and moral accountability were integral to ancient Indian jurisprudence. The idea that unjust laws lack legitimacy reflects natural law theory, which finds expression in both ancient Dharma and modern constitutional interpretation.
The Indian judiciary often invokes principles such as equity, good conscience, and fairness, which echo Dharmic ideals. The constitutional commitment to justice—social, economic, and political—can be seen as a modern manifestation of the ancient pursuit of Dharma.
INFLUENCE ON CONSTITUTIONAL PHILOSOPHY
Although the Indian Constitution is a modern legal document inspired by global democratic ideals, its underlying spirit aligns closely with Sanatan Dharmic values. Concepts such as Vasudhaiva Kutumbakam (the world as one family) resonate with constitutional ideals of fraternity and secularism. The emphasis on duties alongside rights, reflected in Fundamental Duties under Article 51A, mirrors the Dharmic stress on obligations over entitlements.
Moreover, the idea that law must serve societal welfare rather than rigid formalism is consistent with the Dharmic approach to justice. This has enabled Indian courts to adopt a progressive and purposive interpretation of laws.
CRITICISM AND REFORMÂ
It is essential to adopt a balanced perspective. Certain aspects of ancient Dharmic laws, particularly those perpetuating caste hierarchies and gender inequality, conflict with modern constitutional values. However, the Indian legal system has evolved by reforming and rejecting unjust practices while retaining the ethical and philosophical foundations of Dharma.
The dynamic nature of Sanatan Dharma itself, which emphasizes adaptability according to time and circumstances, supports such reform. Thus, the evolution of Indian law represents not blind adherence to tradition but a synthesis of ancient wisdom and modern constitutionalism.
CONCLUSION
The influence of Sanatan Dharma on the evolution of the Indian legal system is both historical and philosophical. From the concept of Dharma as moral law to the administration of justice, personal laws, and constitutional ideals, ancient Indian thought has shaped the legal consciousness of the nation. While modern Indian law is secular and democratic in structure, its ethical foundations reflect the enduring legacy of Sanatan Dharma. Understanding this influence allows law students and legal scholars to appreciate the continuity between India’s ancient jurisprudence and its contemporary legal framework, highlighting the unique character of the Indian legal tradition.
