Juristic Concepts of Ancient Indian Polity : Legal Concepts-II (Judicial Mechanism)

By : Nagendra Singh

Page No: 102-128

Abstract
In this article,# the author lists certain ingredients of adjudication mechanism with a view to assess the basic value and overall capacity of our ancient judicial system during the course of Indian history. The author discusses the existence and working of judicial mechanism during ancient India. Highlighting that the organization of the judiciary differed during different regimes, the author examines the evolution, structure and working of the judicial machinery both in the republics that existed during ancient India as also during the long monarchical regimes spreading from the Vedic times to the imperial Mauryas through the Guptas. The author also discusses the guidelines for use of discretionary power and the role of one’s own conscience in adjudication. The author also explains the concepts of ‘legal procedure’ and ‘law of evidence’ in ancient India in detail with reference of smritis like Yajnavalkyasmriti, Manusmriti, Nardasmriti, Gautamasmriti, Katyayanasmriti, etc.

Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.