Supreme Court Justice Pankaj Mithal has called for incorporating ancient Indian legal philosophy into law school curricula across the country.
It is time that our law schools formally incorporate the ancient Indian legal and philosophical traditions into the curriculum, Justice Mithal stated.
“The Vedas, the Smritis, the Arthashastra, the Manusmriti, the Dhammas, and the epics of Mahabharata and Ramayana are not merely cultural artifacts. They contain deep reflections of justice, equity, governance, punishment, reconciliation, and moral duty.”
The judge proposed that law colleges introduce courses titled “Dharma and Indian Legal Thought” or “Foundations of Indian Legal Jurisprudence” that would draw connections between classical Indian ideas of justice and their modern constitutional reflections.
The Vedas are ancient religious texts containing hymns and rituals, and they form the basis of Hinduism, influencing legal and ethical thought.
The Smritis are secondary legal texts that expand upon the Vedic tradition, providing detailed rules and regulations for social and legal matters.
Arthashastra is a treatise on statecraft, politics, and economics, offering practical insights into governance and law.
Manusmriti is a Dharmasastra (a collection of legal and moral rules) that outlines laws, duties, and conduct for various social classes.
Dhammas are texts related to Buddhism, emphasizing principles of dharma (righteous conduct) and justice.
Mahabharata and Ramayana epics contain narratives with moral and legal dimensions, providing insights into justice, duty, and social order.
By studying these texts, one can understand how different concepts of justice, equity, governance, and punishment were conceived and practiced in India, and how they influenced the development of Indian legal systems.
Justice Mithal’s comments align with ongoing efforts to “Indianize” the judicial system, including the translation of Supreme Court judgments into regional languages initiated under former Chief Justice DY Chandrachud.
Previously, Chandrachud had also unveiled a new statue of the Lady of Justice wearing a sari, holding a book instead of a sword, and with the blindfold removed from her eyes.
Justice Mithal described how this approach could transform legal education: “Imagine a generation of lawyers and judges who understand Article 14 not just as a borrowed principle of equality but also as an embodiment of Samath (equality), who view environmental law not just through statutes but through the reverence for Prakritik (nature) in the Vedas.”
The Supreme Court’s motto – यतो धर्मस्ततो जयः (where there is Dharma there is victory) – is taken from the Mahabharata.
Justice, in our civilizational understanding, is an embodiment of dharma – a principle that encompasses ethical conduct, social responsibility and the rightful exercise of power.
