Incorporate ancient Indian legal and philosophical traditions into law school curriculum: Justice Pankaj Mithal

Ancient Indian legal and philosophical traditions should be formally incorporated into the curriculum of law schools, Supreme Court judge Justice Pankaj Mithal recently opined. .The study of Vedas, Upanishads, Smritis, Manusmriti and Arthashastra are indispensable if we are to understand the roots of Indian legal reasoning, he said."It is time that our law schools formally incorporate the ancient Indian legal and philosophical traditions into the curriculum. The Vedas, the Smritis, the Arthashastra, the Manusmriti, the Dhammas of Ashoka, and the epics of Mahabharata and Ramayana are not merely cultural artefacts—they contain deep reflections on justice, equity, governance, punishment, reconciliation, and moral duty. Their study is indispensable if we are to understand the roots of Indian legal reasoning," said Justice Mithal..Towards this end, Justice Mithal proposed that a subject on 'Dharma and Indian Legal Thought' or 'Foundations of Indian Jurisprudence' be included in law school curriculum."I propose that law colleges and universities introduce at least one dedicated subject that explores these ancient concepts—perhaps under the title "Dharma and Indian Legal Thought" or "Foundations of Indian Jurisprudence". This course should not be confined to a textual reading but must draw connections between classical Indian ideas of justice and their modern constitutional reflections," he stated.Such a subject would not only provide students with cultural and intellectual grounding, but also help shape a uniquely Indian jurisprudential imagination, he rationalised."Just as Western students read Roman law and canonical texts of legal philosophy, Indian students must become conversant with the juristic ideas of Yajnavalkya, Kautilya, Manu, and Ashoka. This is not a project of nostalgia—it is a project of rooted innovation," said Justice Mithal.Justice Mithal who speaking at the inaugural ceremony of the Legal Conclave commemorating 75 years of the Supreme Court of India..Justice Mithal further stated that one should imagine a generation of lawyers and judges who understand Article 14 not just as a borrowed principle of equality, but also as an embodiment of Samatva.Likewise, we should view environmental law not just through statutes but through the reverence for Prakriti in the Vedas and understand alternative dispute resolution as a continuation panchayat traditions and grasp constitutional morality as a modern articulation of ancient Rajadharma, he stated.."The Court’s role is to ensure that constitutional morality triumphs over executive expediency, that justice is not sacrificed to political convenience, and that the rule of law is not reduced to a rule of power," he stated..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.