Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the welfare of individuals. The thrust of the chapter is an examination of tools of civil justice in ancient as well as modern texts underlining the bond of ‘social contract'. The analysis aims to identify similarities and gaps in the traditional and contemporary aspects of civil justice in India. These findings would enable legal scholars and practitioners to draw from, and to connect, the history of accumulated legal guidance and reasoning to the modern mechanism of justice. The examination of those concepts in the context of contemporary relevance accompanied with the principles of interpretation can maximise the utility of these principles. The discussion may offer important clues for policymakers, community organisations, law-making agencies, and citizens to strengthen their faith in the judicial system, being a blend of aboriginal and modern.
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…….in determining a nation’s rank in political civilization, no test is more decisive than the degree in which, justice, as defined by the law, is actually realized in its judicial administration (Henry Sidgwick, 1907).
Search for an order is a continuum. It is beyond one’s imagination to visualize peace and order in a society without justice (Shantiparva, 67). Administration of justice in society is prima facie evidence of the quality of governance. Accessibility of justice in political society is indeed the execution of the social contract between the government and the people. An effective and efficient administration of justice guarantees the transformation of society without bloodshed. Fine-tuning legal texts, their interpretation, and redress of grievances of ‘the electorate’ is a great leveler. Since the Vedic period, India is known for its commitment to justice, democratic values, the rule of law, and the dignity of individuals. Maxmuller pointed out the rich glory of ancient Indian heritage as such:
…If I were asked under what sky the human mind has fully developed some of its choicest gifts, has most deeply pondered on the utmost significant problems of life, and has found solutions of some of them which well deserve the attention even of those who have studied Plato and Kant- I should point to India.
The chapter offers an overview of the basic tenets of civil justice, covering substantive, procedural, and interpretative aspects. It critically evaluates the strengths and values of the traditional Indian judicial system. Inspired by the respect accorded to the principles of natural justice, fairness, and the rule of law on the Indian landscape, the chapter draws an analogy between the sources of law prevailing in two periods- ancient India and modern India. During ancient times, Shrutis, Smritis, and Dharmasutras were considered significant sources of law and driving the process of justice. In contrast, modern times witnessed the sources of precedents and legislations based on Volksgeist (common consciousness) across the world. The significance of principles of international human rights laws and the governments' obligation to ensure access to justice to their respective citizens in post 2nd world war era cannot be undermined.
Nonetheless, the assertion or claim of having designed the Indian judicial system exclusively on the principles of international law warrants a revisit. India has its unparalleled and aboriginal rich legacy on polity, governance, and justice. It is true that in the 21st century, when the whole world has turned itself into a global village, the absolute alienation of international law and municipal law is impractical. Indeed, municipal laws have to be consistent with the ultimate goals and standards set out by international law like peace, prosperity, and progress (as spelt out in the United Nations Charter). Ontological inquiries in history reveal that peace does not mean the absence of war. As observed by Baruch Spinoza, ‘it is a virtue of the mind, a disposition for benevolence, confidence, justice’ (Bennett, 1984). Thus, the goals of peace, prosperity, and progress can be realized only if the basic human rights of the people (as spelt out in the Universal Declaration of Human Rights) are recognized and enforced effectively to ensure harmonious living. Indian lifestyle has always been supporting the welfare of all as a duty. India is a duty-based society. The similarity between the Universal Declaration of Human Rights and Vedas has been eloquently put in words by Justice Rama Jois as under:
Article 1 of UDHR provides - All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
RIGVEDA10.191.4 states - Let there be oneness in your resolutions, hearts and minds. Let the strength to live with mutual cooperation be firm in you.
ATHARVAVEDA (Samjnan Sukta) - All have equal rights to articles of food and water. The yoke of the chariot of life is placed equal on the shoulders of all. All should live together in harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and the hub.