Niastra as a Source of Law

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.

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Publication Details

Journal
Journal of Social Science and Humanities
Published
2025-03-26
DOI
https://doi.org/10.53469/jssh.2025.7(03).25
Primary Topic
Comparative and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Niastra as a Source of Law

Puja Chauhan Bindusar
Journal of Social Science and Humanities
Comparative and International Law Studies
article

Niastra as a Source of Law

Puja Chauhan Bindusar
article en

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.

Journal of Social Science and HumanitiesVol. 7(3)
Openalex Percentile: Top 91%
Comparative and International Law Studies
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