The King Porus
Alexander the Great from Greek/
Roman (324 to 218 BC)
Muraya
Gupta Civilization
Muslim
Moghul
East India Company
British Rule
Independence 1947
Religions Contributing to Laws
Jainism
Hinduism
Buddhism
Islam
Christianity
Secular Laws
Constitutional Laws Before the
Arrival of the East India Company
Before the arrival of the East India
Company in the early 17th century, the
Indian subcontinent had a rich and
diverse legal tradition shaped by various
ruling dynasties and religious codes. The
legal systems of different regions were
influenced by the prevailing political,
cultural, and religious conditions. Below
are the key systems of constitutional and
legal frameworks that existed in the
subcontinent:
1. Hindu Law (Dharmaśāstra)
Ancient Period (c. 1500 BCE - 1100
CE)
o The Hindu legal tradition was
rooted in ancient texts such as the
Vedas, Smritis, and
Dharmaśāstras, which provided
guidelines for governing personal
behavior, property rights, and
social obligations.
o Manu Smriti (Laws of Manu) was
one of the most influential legal
texts, serving as a constitutional
framework for Hindu society. It
covered aspects such as duties of
kings, the caste system, laws of
inheritance, marriage, and justice.
o The Arthashastra, attributed to
Kautilya (Chanakya), an advisor to
the Mauryan Emperor
Chandragupta (c. 4th century BCE),
provided a secular legal framework
emphasizing statecraft,
administration, taxation, and
justice. It laid out guidelines for
kingship, governance, war, and the
welfare of subjects.
Hindu Kingship and Governance
o Hindu kings were seen as
protectors of Dharma (moral law).
The king was advised by Brahmin
scholars, and the administration
of justice was an essential duty of
the state.
o The king's court functioned as the
highest legal authority, with
village panchayats (local
councils) resolving disputes at the
local level.
2. Islamic Law (Sharia)
Delhi Sultanate (1206 - 1526 CE)
o Following the establishment of the
Delhi Sultanate in 1206 CE,
Islamic law or Sharia became a
dominant legal framework in the
regions controlled by Muslim rulers.
Islamic law was based on the
Quran, Hadith (sayings of Prophet
Muhammad), Ijma (consensus),
and Qiyas (analogy).
o The Sultan was the ultimate judicial
authority, and religious scholars,
known as Qadis (judges),
administered justice in accordance
with Islamic principles. The Sharia
courts dealt with issues like
criminal law, family law, and
inheritance.
Mughal Empire (1526 - 1857 CE)
o The Mughal Empire introduced a
more centralized form of
governance. The Mughal legal
system combined Sharia with
customary laws and imperial
decrees (Farmans).
o Emperor Akbar (r. 1556-1605)
promoted a more inclusive legal
system by introducing the Sulh-e-
Kul (universal tolerance) policy,
which allowed non-Muslim
communities to follow their own
religious and legal practices.
o The Mughal legal code was
administered through a hierarchy
of officials, with Qadis handling
religious and civil disputes, and
Amirs and governors overseeing
political and administrative
matters. The emperor's court acted
as the final appellate authority.
3. Customary Laws
Village Panchayats
o Across both Hindu and Muslim
regions, village communities had
their own local governance
systems through Panchayats
(village councils). These councils
were responsible for settling
disputes, managing local
resources, and overseeing
communal matters.
o The panchayats followed
customary laws, which varied
based on local traditions, caste,
and kinship structures. Customary
laws were often unwritten but
passed down through generations,
and they covered issues such as
property rights, marriage, and
community disputes.
Tribal Laws
o In tribal areas, especially in the
more remote regions of India,
tribal laws were predominant.
These laws were based on the
customs, traditions, and oral codes
of the respective tribes. They
regulated social behavior, land
usage, and kinship ties within tribal
communities.
4. Buddhist and Jain Legal Traditions
Buddhist Law (Dhamma)
o During the reign of Emperor
Ashoka (268-232 BCE) of the
Maurya Empire, Buddhist
principles of Dhamma played a
key role in governance. Ashoka
promoted non-violence, ethical
conduct, and welfare policies for
the population.
o Though Ashoka’s reign was short-
lived, his emphasis on justice,
compassion, and moral governance
influenced later rulers. Buddhist
monastic orders also had their own
internal rules and systems of
justice.
Jain Law
o Jain communities, particularly
influential in regions like Gujarat
and Rajasthan, followed their own
set of ethical codes based on
Ahimsa (non-violence) and other
Jain principles. Jains had their own
system of community governance
and dispute resolution, which was
based on non-violence and
truthfulness.
5. Rajput and Maratha Rule (c. 8th
century CE - 18th century CE)
Rajput Kingdoms
o Rajput kingdoms, particularly in
Rajasthan, had their own systems
of governance. Rajput kings ruled
according to the Rajput code of
honor (Rajputana), which
emphasized loyalty, bravery, and
justice.
o Local councils and caste
panchayats played a role in
administration and conflict
resolution at the village level, with
kings exercising authority over
military and fiscal matters.
Maratha Confederacy (1674 - 1818
CE)
o Under Shivaji (founder of the
Maratha Empire), a sophisticated
administrative system was
introduced, combining Hindu
traditions with pragmatic
governance. The Ashta Pradhan
(Council of Eight Ministers) helped
in policy-making.
o The Marathas also had their own
legal frameworks, with a strong
emphasis on military organization,
land revenue systems, and local
governance through village
councils.
6. Vijayanagara Empire (1336 - 1646
CE)
The Vijayanagara Empire in South
India had a highly organized
administrative and legal system. The
king was the supreme authority, but
local governance was carried out by
Nayaks (local governors), who were
responsible for law and order in their
territories.
The empire followed a mix of Hindu
laws and customary laws, with
religious scholars and local councils
adjudicating legal matters, especially
related to personal law, property
rights, and social disputes.
7. Other Legal Codes and Practices
Sikh Law
o The Sikh Gurus, particularly Guru
Nanak and Guru Gobind Singh,
promoted social justice, equality,
and moral conduct through the
Guru Granth Sahib (the holy
scripture of Sikhism) and other
edicts. The Sikh community had its
own governance and judicial
systems, particularly under the
leadership of the Sikh Misls and
later Maharaja Ranjit Singh.
Brahminical Influence on Law
o In many Hindu-dominated regions,
Brahmin priests served as legal
advisors to kings and played a key
role in interpreting the
Dharmaśāstra and other religious
texts, ensuring that laws were in
line with spiritual and moral
principles.
Summary of Pre-Colonial
Constitutional Frameworks
Before the arrival of the East India
Company, the Indian subcontinent was
governed by a variety of legal systems,
ranging from religious laws (Hindu
Dharmaśāstra, Sharia) to customary
and tribal laws, as well as secular
legal codes used by empires like the
Mughals, Marathas, and Rajputs. Local
governance, particularly through village
panchayats, also played a crucial role in
maintaining law and order, with
overarching authority vested in kings,
sultans, and emperors.
