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Mar 12 10 tweets 6 min read
This is a #Thread on: Legal and Constitutional History of India - Ancient Legal, Judicial and Constitutional System - a Magnum Opus by former chief justice M. Rama Jois

This must provide us a bird's eye view of Indian Jurisprudence

@NagarajPaturi @meghkalyan Image
@NagarajPaturi @meghkalyan The author, M Rama Jois who is a former Chief Justice of the Punjab and Haryana High Court, writes in the preface that the first chapter of the book Dharmasvarupa Niroopanam, Concept of Dharma (Law), was quoted with approval in the Supreme Court of india in a 1996 case.
@NagarajPaturi @meghkalyan It is pertinent to note that throughout the book, the author highlights the fact that the ancient laws laid out by the Rishis were so comprehensive and holistic that, many of the entire portions of the laws relating to various secular subjects are implemented to the word, ...
@NagarajPaturi @meghkalyan ...not only in the Indian constitution but in many advanced countries like North America as well

But how did such a detailed system of law come into place?

The Vedas are not concerned with either the civil or criminal laws, whether briefly or in detail...
@NagarajPaturi @meghkalyan However, there are statements in the Vedas which can be classified as Vidhis and Nishedhas (dos & don'ts) such as ‘Do not cause Injury’, ‘Speak the Truth, conduct lawfully’ & from these injunctions, springs forth the entire set of laws which were handed down from generations
@NagarajPaturi @meghkalyan The concept of Dharma and what it entails, is dealt with at the beginning

Dharma can be interpreted as morality, as justice, as righteous conduct, as charity etc depending on the context in which it is used
@NagarajPaturi @meghkalyan The philosophical aspect of law over pouring into the secular state laws can be illustrated from the portion dealing with laws related to repayment of debt

If a father takes a loan(for valid reason) & fails to repay them during his lifetime, his son will be liable to repay them+
@NagarajPaturi @meghkalyan In case, the son is unable to repay them, then the grandson or his great-grandson

The great-grandson’s son will not be liable to repay them whatsoever

Here we see that, the three generations issuing from a father is held liable to repay the debts taken by a father+
@NagarajPaturi @meghkalyan This law, the author says, stems from the philosophical concept of Pitr Runa (debt owed to ancestors), where again the three generations are liable to repay the ancestral debt incurred
@NagarajPaturi @meghkalyan Watch out for this space as we shall continue the thread tomorrow

Many more interesting aspects to be unravelled

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