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he gave the title Manusmriti to the code so compiled. Whatever the

doubts about the origins of the

Smriti

as also the date and existence

of the law giver by name Manu, there is absolutely no doubt about

the existence of Manusmriti right from the period assigned to it and

also about the pre-eminent position it had occupied in the legal

history of India. The popularity of the code was so great that it was

adopted and followed in Burma, Java, Philippines and other neigh-

bouring countries.

The Manusmriti is divided into 12 chapters and consists of

2,694 verses. The subject matter of the 12 chapters are 1) Creation

of the Universe. 2) Definition of Dharma and sources of Dharma.

3) Celibacy - Studentship-Marriage. 4) Mode of life - means of

subsistence and householder’s code of conduct. 5) Rules govern-

ing food. 6) Rules governing forest hermit. 7)

Rajadharma.

King’s duty relating to administration of justice, i) 18 titles of law

ii) King and judge iii) Other persons as judges iv) Constitution of

sabha v) Duty to restore stolen wealth vi) Creditor’s means to

recover debts vri) Grounds on which the plaintiff may fail in his suit:

9) Duties of husband and wife - partition - sonship - impartible

estate - gains of learning - the major sins - the punishments. 10)

Rules of conduct for all. 11) Seven proper modes of livelihood - on

gifts. 12) Karma - the knowledge of self - the highest means of

bliss.

Next to Manusmriti, the code of Yajnavalkya acquired a very

high position in Hindu jurisprudence. Though this

Smriti

follows the

same pattern as Manu in the treatment of subjects, it is scientific

and more methodical. J.C.Ghose points out to the dominant posi-

tion acquired by Yajnavalkya Smriti: “Now it should be remem-

bered that though Manu’s authority is unquestioned by all Hindus,

it is the law of Yajnavalkya by which they are really governed.

Yajnavalkya’s authority is supreme in India. (“

Principles of Hindu

law”, 1917, Introduction)

About the fame and importance of Yajnavalkya, Robert Lingat

observes: “Of all the

Smritis

which have come down to us that of

Yajnavalkya is assuredly the best composed and appears to be the

most homogeneous, even though it may have been made up of

elements borrowed from various sources. We are struck, espe-

cially if we have just read Manu, by the sober tone, the concise

style and the strictness with which the topics are arranged. We

find none of those lyrical flights which are after all the literary

beauty of Manu.

“The author has obviously sought to make his formula as brief

as is consistent with clarity; he succeeds more often than not.

There are cases where he compresses two slokas of Manu into

one. The result is that he reduces to one thousand or so the 2694

couplets of Manu even though several topics especially in private

law, are dealt with far more completely and in greater detail." —

The Classical Law of India

The

Yajnavalkya Smriti

consists of 1010 verses divided into 3

chapters :

Achara

or ecclesiastical law - 368 verses

Vyavahara

or civil and criminal law - 307 verses

Prayaschitta

or atonement for sins committed - 335 verses.

Regarding the 18 titles of law, Yajnavalkya follows the same

pattern as in Manu with slight modifications. On matters such as

women’s right of inheritance and right to hold property, status of

sudras and criminal penalty, Yajnavalkya is more liberal than

Manu. He steps up the pace of progress in the development of law

in keeping with the times. It is said that the profound influence of

the teaching of Buddha had a great impact on the society which has

found itself expressed in the . form of more humane provisions of

law in the

Yajnavalkya Smriti.

He deals exhaustively with subjects

like creation of valid documents, law of mortgages and hypotheca-

tion as also on partnership, associations of persons interested in

joint business ventures.

Yajnavalkya Smriti, compared to Manusmriti, is very brief, sci-

entific and practical. His expressions are precise and full of signifi-

cance. The prestige and authority of Yajnavalkya Smriti have been

greatly advanced by the celebrated commentary of Vijananeswara

under the famous title Mitakshara.

The commentary of Vijananeswara has been accepted as the

paramount authority of Hindu law in the whole of India including

Kashmir, except the province of Bengal. It still forms the basis for

the personal law of the Hindus such as inheritance,

stridhana,

doctrine of pious obligation etc., to the extent they are not modified

by legislation. On the whole, Yajnavalkya occupies a very high

position.

The

Narada Smriti

deals with forensic law, both substantive

and procedural, without any reference to religious matters. Thus it

marks a departure from the earlier works and can be regarded as

purely relating to law. It deals with courts and judicial procedures.

Dr. Jolly who translated this

smriti

in 1876 is of the opinion that

the date of the

Narada Smriti is

later than 300 A.D. Narada was

independent in his views and did not allow himself to be bound by

earlier texts. Some of the important and progressive changes found

in the Narada Smriti compared to that of Manu are in the matter of

inheritance. Narada holds 1. That a younger son could become a

karta

of a Hindu joint family 2. Provides two shares to a father in

his self-acquired property in case of partition.

With regard to law of marriage, Narada holds that a widow as

well as a wife whose husband is impotent or absconding is entitled

to marry. A widowed wife without children is permitted to secure

one though

niyoga.

Brihaspathi Smriti :

This work has not been traced in its en-

tirety. Like Narada, Brihaspathi is also noted for his progressive

views. Brihaspathi was the first jurist who made a clear distinction

between civil and criminal justice. He provided that cases must be

decided not merely according to the letter of the law but having due

regard to the truth and circumstances of each case.

Katyayana Smriti :

This smriti is regarded as the latest and

most important work of extraordinary merit. The rules of law laid

down in this

smriti

compare remarkably with the modem advanced

legal system. Unfortunately this

smriti

is also not traced fully. It

deals with substantive civil and criminal laws and also procedural

law. Katyayana deals with qualifications for judges and provided

for appointment of jurists to assist the court in certain types of civil

and criminal cases. -He provided that death sentence could be

imposed on a Brahmin found guilty of certain offences and thereby

took away immunity against death sentence extended to this com-

munity L. the earlier

smritis.

Arthashastra ofKautilya :

Though

the Art has has tra

of Kautilya

does not fall in the category of

Dharmashastras,

it is the most

important and a masterly treatise on statecraft. The author of this

great work is Chanakya or Vishnugupta who was the Prime Minis-

ter of the Magadha Empire during the -reign of Chandragupta

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