Smritis and Smritikars:: Juristic Formulations - Yajna Valkya Does Not Subscribe To The Theory of Devine Right of The

Smritis and smritikars:
 Manu smriti: The Manu Smriti has been all along considered to be supreme authority in
the entire country. However, we do not know the identity of the person who compiled this
work. In fact, we have not been able to establish the identity of this great sage whose
teaching and Manusmriti contains. We know that the name of Manu has been mentioned
from the earliest. Sometimes he is referred to as Vridha (old) Manu, sometimes as brihat
(great) Manu, sometimes as Adi Manava (first patriarch).
JURISTIC FORMULATION The many formulations propounded by Manu, we may
note some of them. When the Manusmriti was compiled, the Hindu concept of law was that
"law is the king of Kings". Manu also subscribes to the notion that the king is subordinate to
law and that the king is merely a law-enforcer. But he tries to clothe the king with the divine
authority and seems to support the theory of divine right of kings. The times when the
Manusmriti was written were the times of the revival of Brahmanism. The Brahmans sought
the support of the king. With a view to strengthening the hands of the king, the Manusmriti
tends to endow the king with the divine authority. Hindu law has, all along been considered
to be the divine law, and it was natural to succumb to the temptation that the one who
enforces the divine law should have divine authority to do so. As a natural corollary to the
strengthening of king's position, Manu, while dealing with the duties of the king, emphasizes
the importance of danda, the secular instrument in the hands of the king for enforcement of
law. Side by side with the powers of the king, Manu gives predominant position to usage and
custom. He enjoins "Let everyone, therefore, who has due reverence of the Supreme Spirits
which dwell in him, diligently and constantly observe immemorial custom.
Manu, being protagonist to Brahminical revival, preached orthodox doctrines. He is
particularly harsh to women and sudras. He supports the dominant position of the
Brahamanas in the society. For instance, he holds the view that for the intentional killing of
Brahamanas, there is no prayaschitta, as no amount of penance can redeem the sinner from
the sin. If Sudra marries a Brahman woman, death is the only punishment for him
 YAJNAVALKYA SMRITI :- In date and authority, the Yajnavalkya-smriti comes after

the Manusmriti. It is substantially based on Manusmriti, though Yajnavalkya smriti is more
synthesized, concise and logical. Yajnavalkya belonged to the Sukla Yajurveda and is closely
connected with the Brihadaranyak Upnishad, Yajnavalkya belonged to Mithila (northern
Bihar). The Yajnavalkya Smriti is divided into three sections. All topics are arranged in their
proper places and repetition is avoided. Almost all subjects found in the Manusmriti are
dealt with by Yajnavalkya in a precise manner. Brevity is the hallmark of the work. The
Yajnavalkya-smriti deals with rules of procedural law in detail.
Juristic formulations - Yajna valkya does not subscribe to the theory of devine right of the
King, rather, he is opposed to it. According to him, the King is subordinate to law. He enjoins
on the king to be modest, even minded and righteous, to devote himself to the service of
people and to look after the administration of justice. On the other hand, he holds the view
that no one whether a brother, a son or preceptor can escape from the punishment of the
King, if he deviates from the performance of his own duties.
Yajnavalkya though a follower of traditional conservatism in many matters, was a liberal
sage. We do not find the same orthodoxy and sternness in his work as we find in Manu's.
There are many passages in the Yajnavalkya-smriti which show a remarkable agreement with
Manu, yet there are several points on which Yajnavalk ya differs from Manu and shows in
general a more advanced state of thought and feeling than Manu. On the matter of status of
Sudras and women on the women's right to hold or inherit property. he holds liberal views.
 NARDA SMRITI: The Nardasmriti is the last of the three metrical Dharmashastras whose
complete text is available to us. Narada seems to have belonged to Nepal The approximate
date of the work is of 200 A.D. This is the first legal code which is mostly free from moral and
religious feelings. Narada deals only with vyavahara and does not deal with achara and
prayaschitta. The work is based on the Smritis of Manu and Yajna valk ya though on some
matters Narada markedly differs from them. The Nardasmriti is outstanding in this that it
deals with the law of procedure and pleadings in detail and with remarkable clarity. It is
elaborate on the rule of substantive law.
Juristic formulations The most remarkable feature of the Nardasmriti is that it is a very
systematic and exhaustive treatise on rules of law. Narda was bold in accepting the changes
that occurred during his period and does not hesitate in differing from his predecessors. He
formulated and declared new rules which came into existence on account of social,
economic and political change of his times.
At the time when the Manusmriti was composed, Harshvardhan had established his rule in
the Aryaverta Since the rule of Mauryas it was felt that the need of the empire required that
the king should have some law-making power, many edicts and ordinances were
promulgated by the Kings Narada was bold enough to recognise this and gave it juridical
formulation. The Narada Smriti is, therefore, finest of the Dharmashastras which recognised
not merely the King's power of making law (Raivashasana or Raivadesh) but also that the law
made by the king overrides the sacred law and custom However, Narada does not sanction
unlimited law-making power to the King Side by side with this view, Narada says that custom
decides everything and overrules the sacred hw. Even before Narada, the importance of
custom had been recognised. Most of the sages held that view, that the King, as
administrator of justice,should decide disputes in accordance with custom.
As compared to the other sages, Narada was progressive sage Narada rights on women to
hold and inherit property. He is not as harsh to Sudras as Manu is He also recognises that in
certain circumstances a woman can leave her husband and take another. He condemned
usury.
 BRIHASPATI: Brihaspati is closer to Manu and his work has been proved to be a vatika
on the Manusmriti". He assigns a premier place to the Code of Manu, yet he exphins,
amplifies and does not hesitate to modify its rules on various topics wherever found
necessary. Brihaspati. Yajnavalk ya, Narada and Katayayan represent the last stage of legal
development.
Tracing the origins of the judicial proceedings Brihaspati states. "In former ages men were
strictly virtuous and devoid of mischievous propensities. Now the avarice and malice have
taken possession of them, judicial proceedings have been established"Elsewhere, without
stating clearly the functions, Brihaspati adds ministers (amatyas) and the purohita to the list
of members of the court Brihaspati speaks of four courts though in actual enumeration
seven courts are mentioned. The four types of courts are stationary or fixed (pratisthita),
courts which sat in a town or village, ambulant or moving (apratisthita) which had no fixed
seat, one furnished with the Kings signet ring superintended by the chief judge (Mudrita)
and the fourth directed by the king himself (sas ita), the three other courts included the one
for foresters to be held in the forest, the court for soldiers to be held in the camp and the
 (dharmsutrakars)BAUDHAYANA: Baudhayana belonged to the Krishna Yajurveda

school. He probably lived on the Eastern coast of Andhra Pradesh. The Baudhayana
Dharmasutra is not available in its integrated form Baudhayana deals with numerous
subjects, including marriage, sonship. adoption, and inheritance. He also refers to numerous
customs of his region, such as the custom permitting marriage with one's maternal uncle's
daughter. He also refers to the custom of people living in the month and to the custom and
excise duties.
 KATYAYANA: Katyayana makes up a triumvirate in the realm of Hindu law and

procedure" The other two things Brihaspati and Narda. Katyayana's work has not pome
down to us in its complete form, but has been compiled by scholars by piecing together the
quotation in later works". Katyayana, along with Narada and Brihaspati, represents the last
stage of legal development". Katyayana's code is rational and refreshing
Katyayana gives a detailed account of the constitution of the courts of justice He requires
the king to examine the disputes in the presence of the judges, the ministers, learned
Brahmins, the purohitas and sabhyas (assessors).The categories of State courts as given by
Narada and Brihaspati are approved by Katyayana. An elaborate description of the court
procedure is given by Katyayana. He requires the litigant to appear before the court at the
right time and make his bow to the king or the judge

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Smritis and smritikars:

 YAJNAVALKYA SMRITI :- In date and authority, the Yajnavalkya-smriti comes after

 (dharmsutrakars)BAUDHAYANA: Baudhayana belonged to the Krishna Yajurveda

 KATYAYANA: Katyayana makes up a triumvirate in the realm of Hindu law and

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