Niastra as a Source of Law

Authors

  • Puja Chauhan Bindusar

DOI:

https://doi.org/10.53469/jssh.2025.7(03).25

Keywords:

Nyāya Philosophy, Jurisprudence, Comparison between Ancient and Modern Systems of Law, Nyāyasastra and Justice

Abstract

The Nyāya, one of six darsanas of Indian Philosophy is said to be one of the main sources of India Judiciary. The Nyāya philosophy has put forward a clear and straight path for logical study which on the other hand paved way for the strength of arguments and also to establish the arguments. There are a lot of differences in the system of governance and also in the legal system in the modern period when compared with the ancient period. This paper gives an insight into the relationship between the Nyāya system and the legal system of India. In the ancient period, governance was done by the sovereign power that is the monarchy but in the modern age it the policy of democracy. Likewise in the legal system also there is a glaring difference, for eg, in the ancient period the source of law was restricted only to religious texts like the smriti where as in the modern period, there are common laws and statutory laws.

References

Vatsyayana, Nyāyabhashya,on Gautama Nyāyasutras with Prasannapada commentary on Pt. Sudarsanacharyasashtri.Editor Swami Dwarika Das Shashtri,Sudhi Prakasana,Varanasi-1986

Satis Chandra Vidyabhushana,A History of Indian Logic,Ancient ,Mediaeval and Modern Schools,MotilalBanarasidasPublishers,Private Limited,Delhi-1920

Modern Hindu Law, Paras Diwan, Allahabad Law Agency, 26thedn, 2023

Family Law in India, Prof G.C.V Subba Rao, edited by NarendraGogia& Co, 10th edn 2023

The Indian Evidence Act: A Critical Commentary, Dr. V. Nageswara Rao, 3rd edn 2022.

Jurisprudence and Legal Theory, V. D Mahajan, 5th edn, 2023

Classical Indian Philosophy of Mind: The Nyaya Dualist Tradition,

KishorkumarChakrabarthi&MotilalBanarasidas pub Pvt Ltd, 2nd edn, 2017.

History of Science, Philosophy and Culture in Indian Civilization, edited by D P Chattopadhyaya, Vol III Part III.

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Published

2025-03-26

How to Cite

Bindusar , P. C. (2025). Niastra as a Source of Law. Journal of Social Science and Humanities, 7(3), 139–141. https://doi.org/10.53469/jssh.2025.7(03).25

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