Sources of Hindu Law
🔹 1. Ancient (Traditional) Sources
These are the original sources derived from Hindu philosophy and religion. They include:
a) Shruti (Heard)
The primary and most authoritative source.
Includes the Vedas and Upanishads.
Considered divine revelations or eternal truths.
Focus on dharma (duty/righteousness).
b) Smriti (Remembered)
Human compositions that explain and elaborate on Shruti.
Includes texts like:
Manusmriti
Yajnavalkya Smriti
Narada Smriti
These form the basis of classical Hindu law, especially regarding marriage, inheritance, and morality.
c) Commentaries and Digests
Interpretations of Smritis by scholars.
Commentaries (e.g., Mitakshara by Vijnaneshwara) interpret specific Smritis.
Digests (e.g., Dayabhaga by Jimutavahana) compile and reconcile various sources.
Regional variations arise from different commentaries.
d) Custom (Achara)
Local or family traditions recognized and practiced over time.
Must be:
Ancient
Reasonable
Certain
Not opposed to public policy or morality
Custom can override written law in some cases.
🔹 2. Modern (Contemporary) Sources
These developed during and after British rule in India and continue today.
a) Legislation
Enacted laws by the Indian Parliament and State Legislatures.
Examples:
Hindu Marriage Act, 1955
Hindu Succession Act, 1956
Hindu Minority and Guardianship Act, 1956
Hindu Adoptions and Maintenance Act, 1956
These have codified many aspects of traditional Hindu law.
b) Judicial Decisions (Case Law)
Precedents set by courts, especially the Supreme Court and High Courts.
Binding under Article 141 of the Constitution of India.
Interpretations of both ancient texts and modern statutes.
c) Justice, Equity, and Good Conscience
Applied when no specific law or custom is applicable.
Acts as a gap-filler based on fairness and moral principles.
d) Modern Commentaries and Scholarly Writings
Writings by legal scholars and jurists.
Not binding but highly persuasive.
🔸 Summary Table
| Category | Source |
|---|---|
| Ancient | Shruti, Smriti, Commentaries & Digests, Custom |
| Modern | Legislation, Case Law, Equity, Scholarly Writings |
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