TABLE OF CONTENTS

1. INTRODUCTION

2. SOURCE AND NATURE OF DHARMA

3. DECLINE OF DHARMA AND ADVENT OF POSITIVE LAW

4. POST-INDEPENDENCE ERA

5. A COMPARISON OF DHARMA AND MODERN LAW

6. INDIAN JURISPRUDENCE

7. EVOLUTION OF JURISPRUDENCE

8. PURPOSE OF LAW AND THE CONCEPT OF JUSTICE

9. IMPORTANCE OF JURISPRUDENCE

10. CONCLUSION
INTRODUCTION

Indian jurisprudence is rich in essence because of the various sources of law it emerges from. It
gets validity and recognition from various religious laws, local customs, and traditions. Dharma
forms the main foundation of Indian jurisprudence. Due to its importance in Hindu traditions,
Dharma played a big role in shaping Indian law. In order to understand how modern family and
succession laws emerged, we need to know the concept of Dharma first.

The Hindu law is also known as Dharam, which means righteousness, duty, and law, which
applies to everyone, and it consists of truthfulness, non-injury, and generosity, among other
virtues. There are three sources of Dharma, the first one is Vedas, the second one is Smritis, and
the third one is Achara. Smritis means remembrance of a tradition, which is preserved by the
authors in the written form. The famous Smritis which we know are Manu Smriti(200BC
200CE), Yajnavalkaya Smriti(200-500CE), which are still relevant in the 21st century. The third
source is Achara’s which means the customary law, which is followed by a particular group or
community. We use Achara on the issue where the Vedas & Smritis are silent. (Historical
Evolution of The Indian Legal System 2013) These three things together made ancient Hindu
law as a holy trinity. The Dharma follows the law of natural justice, these laws are divine and
cover all the facets of society whether its political, social, religious, or spiritual duty of a person,
dharma make the life of an individual complete and make a person civilized.

Dharma is the word used in the Hindu religion for giving justice in ancient times and they define
Dharma as the person’s moral and social obligations both as an individual and also as a member
of the society. In modern times Dharma is replaced by the Common law, the kings were replaced
by the Courts and the Judges and the procedure has been changed. Jurisprudence is the study of
law which helps to make society more interactive towards each other.

During the ancient period, Hindus use word Dharma in place of Law. They define Dharma as a
person’s moral and social obligations, both as an individual and also as a member of society. The
basic ideology based on the framework of Hindu law through the importance of scared law. The
principal aim of Dharma is to regulate human behavior in its cosmic and human context.
Jurisprudence is the knowledge of the law and the study of the Theory and Philosophy of law. It
differs from the social sciences. Many Philosophers have a different view for the meaning of
Jurisprudence which makes it difficult to define.

Dharma is a vital idea with different implications in Indian faiths like Hinduism, Buddhism,
Jainism, Sikhism and others. The idea of dharma was at that point being used in the chronicled
Vedic religion, and its importance and reasonable degree has developed more than a few
centuries. Indian law is wealthy generally in view of the different wellsprings of law it rises up
out of. It gets legitimacy and acknowledgment from different strict laws, nearby traditions, and
customs. Dharma shapes the fundamental establishment of Indian law. Because of its
significance in Hindu practices, Dharma assumed a major part in forming Indian law. To see
how present-day family and progression laws arose, we need to know the idea of Dharma first.
SOURCE AND NATURE OF DHARMA

The most punctual notice of “Dharma” happens in Vedic writings like the Rig Veda to mean the
establishment of the universe. These strict writings asserted that God made life utilizing by
instilling standards of Dharma into every single living animal. Along these lines, salvation (or
“moksha”) is the unceasing Dharma for people as indicated by Hinduism.

Later Hindu writings like the Upanishads incredibly refined the idea of Dharma and made it
more moralistic. Since this was the time span when country states began developing, Dharma
achieved a legalistic meaning. Hindu lawful codes like Manu smriti utilized Dharma to mean
strict and legitimate obligations of individuals. As such, Dharma turned into a prescriptive idea
as it depicted what individuals ought to or ought to not do. This understanding of Dharma
proceeded and its follows exist even in current Hindu laws.

Even Hindu stories like Ramayana and Mahabharat allude to Dharma. They say that playing out
one’s Dharma is a definitive point of each person. Since the primary capacity of a lord is to
maintain Dharma, these writings frequently allude to authentic figures as “Dharmaraja”. In this
way, we can consider that to be as an idea arose and was refined from numerous strict Hindu
writings. Its importance and degree extended with opportunity until it came to be related with the
standards of law and equity. This is actually how we comprehend Dharma today.

In contrast to different schools of jurisprudence, Hindu jurisprudence gives more accentuation to

obligations over rights. This is on the grounds that Dharma, in its different undertones,
recommends a definitive obligation of each individual. The idea of these obligations may change
from one individual to another, yet it’s anything but a focal topic. For instance, a ruler’s Dharma
is to maintain strict law, while that of a rancher is to give food.

Another feature of Dharma is that it greatly resembles natural law schools of jurisprudence. This
is on the grounds that antiquated Indian statute accepts that it is God who conceded rights to
individuals. Along these lines, a definitive wellspring of all friendly, lawful, political and
profound rights is heavenly nature. In spite of being a profoundly strict idea in nature, Dharma is
multi-layered. It contains laws and customs directing a wide scope of subjects. For instance,
messages like Manu smriti manage religion, organization, financial matters, common and
criminal laws, marriage, progression, and so on.
DECLINE OF DHARMA AND ADVENT OF POSITIVE LAW

With the advent of Muslim rule followed by British rule, Dharma (Hindu) began losing its
sparkle and roots. During Muslim principle, the spot of dharma was taken by koranic lessons,
however numerous practices remained, henceforth it remained chiefly immaculate. Yet, with the
beginning of British standard, and their obliviousness of the Indian laws devastatingly affected
the idea of Dharma as they discovered no laws here to oversee individuals and they began to fix
the issue by either bringing in western law or say normal law with the gadgets of balance, equity
and great inner voice or forcing western laws through codification in fields where no law was
offered by either the Hindu’s or Muslim’s Natural law, lessons and customs. In any case, the
social equality and freedoms delighted in by individuals were removed. Indians were dealt with
mercilessly and subjective stifled in each circle of life going from political to social and prudent.
Indians retaliated for the rights and freedoms that they delighted in under the steady gaze of
under the Law of Dharma. During his well-known champaran preliminary, Gandhiji commented
that he defied the law not to show irreverence to British law, ‘but rather in dutifulness to higher
law of our being – the bad habit of heart’, by which he implied Dharma.
POST-INDEPENDENCE ERA

The battle for freedom was the battle for fundamental rights and common freedoms that one as
an essential individual ought to appreciate and the equivalent was remembered, while making
The Constitution of India. Hindu law (Dharma) began to been systematized by the progressions
in standpoint and ways of life, as it was understood that antiquated way should respect practical
methodology of life. The standards of regular law (Dharma) discovered its way into the
constitution in the method of crucial rights. Dharma was systematized Dharma as we as a whole
know was an obligation based overall set of laws however the current general set of laws turned
into a right based one. Obviously, these rights come are not outright that they also have certain
limitations. Right to fairness, opportunity of development and most love capable right to life are
a portion of the key rights gave. However, there are plentiful confirmations from the historical
backdrop of the world too from our own to show the abuse of force whether it been the Hitler’s
Nazi or the scandalous Emergency forced by Indira Gandhi and what followed is sufficient to
scrutinize the very soul on which our constitution was established.

The legal executive gave a choice in Habeas Corpus case on a day really alluded as ‘the dark day
of Indian lawful history”, which further deflected the belief of individuals in legal executive. In
this choice the individual freedoms and essential rights were removed subjectively and the
Honorable Supreme Court in not so honorable choice defended it for individual additions, at the
same time, not long after the mix-ups were begun to be adjusted. The central rights were made
total in renowned I.C. Golaknath case, and later the teaching of fundamental design was
propounded by the honorable Supreme Court in His Highness Keshvananda Bharti case, the
mentality changed from outright to relative yet law can never be static henceforth total, else it
gets ambiguous and pointless. The tenet subsequently established can be said to have following
highlights:

 Supremacy of the Constitution;

 Republican and Democratic form of Government;
 Secular character of the Constitution;
 Separation of powers between the legislature, executive and the judiciary;
 Federal character of the Constitution.
A COMPARISON OF DHARMA AND MODERN LAW

Dharma implies routineness of order generally acknowledged; it incorporates religion,

obligation, and inseparable of a quality or an order, though present-day law depends on reasons
and incorporates strict viewpoints. Dharma is obligation-based idea; anyway the current law
centers on rights instead of obligations. Dharma in itself included ethics, morals and noble lead
of a man however the current framework doesn’t perceive the good or moral qualities and as
opposed to direct or intention, it presently centers on the demonstration and the outcomes.
Dharma pre-assumes a powerful and ties together by the dread of a similar extraordinary yet
again; the law depends on sensibility and ties through lawful assents given by courts (human).
Law in present day sense is bound to rights, legitimate obligations and so forth Furthermore, not
with exemplary lead and subsequently, is specific in nature while Dharma is all inescapable and
all inclusive. The law pre-assumes actually what for man ‘should be’ and depends on sensibility.

The idea of government assistance state, which is the idea of state today, is found to have
establishes in Dharma. The Human Rights and essential rights have prodded from Dharma and
Rigveda unmistakably shows abundant confirmations.

The Hindu legal system is one of the most ancient legal systems and is based on the concept and
philosophy of Dharma. It includes the concept of Nyaya or justice – the law which sustains the
entire universe. In Hindus, the concept of Dharma is found to be in ancient times known as
“Dharmashastras” which ensures that humans exist in harmony with the entire universe. Some of
the important Code of law is as follows:-

Manu Smriti- It consists of a systematic collection of rules of the Dharmashastras which covers
all the branches of the law. The language written in Manusmriti is simple which made it a more
authoritative source.

Narada Smriti- It consists of substantive as well as procedural laws. Substantive laws are the
laws that define the Offence and Punishment while procedural laws are the laws that define the
procedure of the crime.
Arthashastra- It consists of the political treaties of Hindus. The modern Indian legal system is
based on the common law system. India is a secular country so the ancient Hindu legal system
has lost its relevance in the modern world.
INDIAN JURISPRUDENCE

The word Jurisprudence is derived from the Latin word ‘jurisprudentia’ which splits into two that
is Juris whose literal meaning is the law and prudential whose literal meaning is skill or
knowledge so the word Jurisprudence means the knowledge of the law and its significance. The
Roman civilization is known as the bedrock of all human civilizations which also has explained
the meaning and the nature of law.

Jeremy Bentham is known as the Father of Jurisprudence. He was the first person who analyzes
what is the law. And Sir Austin is the Father of English Jurisprudence.

“Jurisprudence is knowledge of things divine and human; the science of just and unjust“

Jurisprudence provides guidelines to the judges and the lawyers in ascertaining the true meaning
of the laws passed by the legislature by providing the rules and regulations of interpretation. The
subject matter of Jurisprudence includes the study of concepts such as the nature of law, the legal
system, legal institution, etc. It brings the important principles of law and the legal concepts to
light.

The definition of Jurisprudence defined by Salmond as the body of principles that tribunal
recognize and apply while administering justice. Also known as the science or philosophy of
positive law.

Salmond explains Jurisprudence is concerned with investigating law while legal theory seeks to
understand the law academically.

Roscoe Pound defines Jurisprudence as the law to mean principles that public tribunals recognize
and enforce.

Austin defines it as Law is the command of sovereign and their non-obedience leads to the
imposition of sanctions.

Keeton defines it as the study and systematic arrangement of the general principles of law.
EVOLUTION OF JURISPRUDENCE

Jurisprudence originated in Roman civilization which defines the meaning and the nature of law.
It was limited to the concept of law, morals, and justice then also confused with each other. With
the fall of the Roman Empire slowly the Jurisprudence disappeared and the idea of secularism
emerged. After which many theories were proposed with regards to the evolution of the state and
the nature of law by many philosophers like Hugo Grotius, John Locke, Rousseau, and
Blackstone. And the idea of collectivism and social welfare was evolved. The idea of positive
law and the positivistic approach needed and the boundaries of the law were demarcated and its
scope was limited.

PURPOSE OF LAW AND THE CONCEPT OF JUSTICE

The most important function of the state is to ensure justice to its citizens. Every state possesses
the capability to administer justice according to its legal system. Even, in ancient times, the
prime duty of the ruler is to guarantee justice to their subjects.

The meaning of Justice is representing something that is just and right that is the Judgement
should be just, impartial, fair, and right.

Modern Jurisprudence says justice means the implementation of concepts like equality and
liberty. It also the recognition and implementation of laws made by the legislature that is the
Parliament. And the function lies in the judicial organ mainly the Supreme Court of India.

Therefore justice means the recognition, application, and enforcement of laws by courts.
IMPORTANCE OF JURISPRUDENCE

 The purpose of Jurisprudence is to study the law, legal concepts, and analyze the concept
to facilitate a better understanding of legal complexities.
 It is also useful for solving legal problems in the practical world. While analyzing the
legal concepts of the legal problem, it helps the legal professional in sharpening their
legal acumen.
 Jurisprudence has a relation with other social science such as sociology, political science,
ethics, etc. Therefore while doing research in Jurisprudence it helps people to be social.
 Jurisprudence is known as the grammar of law as it helps in effective expression and
application of legal concepts.
 It stresses the importance of considering present social needs over the ideas while dealing
with the legal problems.
 It has several fundamental legal concepts to facilitate its effective application in solving
legal problems.

The article 21 (Right to Life) needs special mention as the Supreme Court has been interpreting
this article according to the cases and has widened the ambit many folds to cover right to
livelihood, life is more than mere animal existence, right to legal aid, Rights to dignity of a
convict and much more but does not include Right to die. Article 21 is ever growing not bound
by time and place. Like Dharma included every aspect and facet of human life whether internal
or external and provided a law to govern it and safe-guard; the same is been done by Article 21
with the help of other fundamental rights. Article 21 is large and wide and has a potential to
confer every basic human right that one needs to live a life of a dignified human.
CONCLUSION

Dharma and law as seen above may appear to be interestingly, yet the philosophy behind them is
same. Everywhere, law is a piece of Dharma without disharmony and they establish single
incorporated entirety. Dharma on one hand is taken to be strict, however it isn’t the case and the
equivalent has been endorsed by the honorable Supreme Court much of the time as pointed in
above areas. Dharma has been and is directing our lead, ethics and laws in fluctuating degree.
One may not discover any connection between the two on the face yet on a profound
examination both are interrelated coordinated entirety. ‘Dharma’ is one of the numerous
wellsprings of present-day law and is molding society. Thus, one might say that ‘dharma’ and
law are firmly related and joined. Dharma by finishing the assessment of time has shown its
unceasing person.