Indian Constitutionalism Rooted In Civilizational Wisdom Recorded In Vedas: Justice Pankaj Mithal

Justice Pankaj Mithal delivered this speech while addressing the 1st Law Conclave organised by the Student Bar Association (SBA) of NLIU Bhopal, celebrating 75 Years of the Supreme Court of India.

Justice Mithal said during his speech, "It is easy to speak of the Constitution and its modern liberal values. But in truth, Indian constitutionalism did not arise in a vacuum. The moral foundation of Indian jurisprudence is older than 1950. It is even older than 1947. It is rooted in millennia of civilizational wisdom recorded in the Vedas, Smritis, Dharma Shastras, Arth Shastra and Buddhist texts and the grand epics of Ramayana and Mahabharata. Dharm, perhaps the most profound and complex Indian legal concept, predates the term 'law' in our lexicon and Black's Law Dictionary. While western legal systems often draw a hard line between law and morality, ancient Indian jurisprudence understood dharm as a unifying principle of righteousness, justice, duty and harmony. The Supreme Court's work often mirrors this unity of legal rule and moral vision".

“In my capacity as a visitor to this esteemed university, I would now like to offer a humble but firm recommendation. It is time that our law school formally incorporate the ancient Indian legal and philosophical traditions into the curriculum. The Vedas, the Smritis, the Arthashastra, the Manusmriti, the Dharmas, and the epics of Mahabharata and Ramayana are not merely cultural artifacts. They contain deep reflections on justice, equity, governance, punishment, decolonization, and moral duty. Their study is indispensable if we are to understand the roots of Indian legal reasoning.” Justice Mithal remarked.

He stated, “While Western legal system often draws a hard line between law and morality, ancient Indian jurisprudence understood dharma as a unifying principle of righteousness, justice, duty and harmony. The Supreme Court's work often mirrors this unity of legal rule and moral vision. In fact, Article 51A of the Constitution, which lists the fundamental duties, reflects ancient Indian ethical ideals: truth, compassion, respect for elders and reverence for knowledge.”

In his speech, he further proposed that, “the 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 Legal Jurisprudence.’ This course should not be confined to a textual reading but must draw connections between classical Indian ideas of juristic justice and their modern constitutional reflections. Such a subject would not only provide students with cultural and intellectual grounding but also help shape a uniquely Indian jurisprudential imagination. Just as Western students read Roman law and canon law texts of legal philosophy, Indian students must become conversant with the juristic ideas of Yajnavalkya, Kautilya, and Manu.”

“This principle of equity, which we talk about today, is in existence for times immemorial. The Supreme Court's protective role in affirmative action jurisprudence including in Indra Sawhney can be viewed through the this lens of intrinsic human equality rooted not only in Article 14 of the Constitution, but also in India's ancient spiritual ethos,” he opined.

During his closing remarks, he stated, “This is not a project of nostalgia; it is a project of rooted innovation. 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; who view environmental law not just through statutes but through the reverence for prakriti in the Vedas; who understand alternative dispute resolution as a continuation of panchayat traditions; and who grasp constitutional morality as a modern articulation of ancient Raj Dharma.”

While explaining the need for the same, Justice Mithal stated, “This curricular reform would serve a deeper constitutional goal: the preservation of India's pluralistic legal identity. It would reinforce the idea that Indian constitutionalism is not merely an import but a living constitution of a civilizational legacy. Recently, our Supreme Court thought of Indianizing the judicial system. Justice Chandrachud, through the help of artificial intelligence, got all the judgments of the Supreme Court translated into Hindi and various other Indian languages, and the work, I think, is entirely over now; all judgments have been translated. Now, this is a step towards Indianisation of the judiciary.”