Supreme Court judge Justice Pankaj Mithal has called for the formal inclusion of ancient Indian legal and philosophical thought—drawn from the Vedas, Smritis, the Arthashastra, Manusmriti, and epics like the Ramayana and Mahabharata—into the curriculum of law schools and universities across the country.
Speaking at a legal conclave organised by the National Law Institute University (NLIU), Bhopal, to commemorate 75 years of the Supreme Court of India, Justice Mithal said Indian students must not view principles of justice and equity as concepts borrowed from the West, but rather as integral to the country’s indigenous legal heritage.
“It is time that our law schools formally incorporate the ancient Indian legal and philosophical traditions into the curriculum… They contain deep reflections of justice, equity, governance, punishment, reconciliation, and moral duty,” he said.
Justice Mithal suggested that this proposed subject could be titled “Dharma and Indian Legal Thought” or “Foundations of Indian Legal Jurisprudence”, emphasizing that it should go beyond mere textual reading and instead establish meaningful links between classical Indian ideas and modern constitutional values.
“Such a subject would not only provide students with cultural and intellectual grounding but also help shape a uniquely Indian jurisprudential imagination,” he added.
A Curriculum Rooted in Civilizational Wisdom
He illustrated the potential of such a curriculum by encouraging students and practitioners to reimagine constitutional provisions through the lens of ancient traditions.
“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 Samath (equality), who view environmental law through the reverence for Prakritik (nature) in the Vedas, who grasp ADR as a continuation of Panchayat traditions in the Shastras and Manusmriti.”
Justice Mithal stressed that this was not a project of nostalgia but of “rooted innovation,” intended to deepen India’s constitutional values and legal identity.
“This curriculum reform would serve a deeper constitutional goal – preservation of India’s pluralistic legal identity,” he said. “It would reinforce the idea that Indian constitutionalism is not merely an import but a living constitution of a civilizational legacy.”
Indianization of the Judiciary
Justice Mithal also referred to broader efforts to Indianize the legal system. He cited the initiative taken under former Chief Justice D.Y. Chandrachud to unveil a statue of the Lady of Justice in Indian attire—a sari, holding a book (symbolizing the Constitution), with the blindfold removed.
Expressing his vision for this symbolism, he said the book should not only represent the Constitution but also include the Gita, Vedas, and Puranas—texts that encapsulate India’s moral and legal philosophy.
Justice and Dharma
Reflecting on the evolution of the judiciary, Justice Mithal stated that the story of Indian justice began long before the adoption of the Constitution in 1950.
“The motto of the Supreme Court, Yato Dharmaso Tatho Jaya (Where there is Dharma, there is victory), is taken from the Mahabharata. Justice, in our civilizational understanding, is an embodiment of Dharma—a principle that encompasses ethical conduct, social responsibility, and the rightful exercise of power.”
He further emphasized that the court’s mandate must continue to uphold constitutional morality over executive expediency, ensuring that justice prevails over political convenience.
On environmental protection, Justice Mithal referred to the Atharvaveda, which urges humanity not to harm natural elements, and quoted the Rig Veda to stress the principle of equality: “Let no man be superior or inferior as all are brothers walking on the same path.”
Bridging Law and Morality
Concluding his address, he underscored the holistic approach of ancient Indian jurisprudence, where Dharma predates and encompasses the concept of law. In contrast to Western legal traditions that often separate law and morality, Indian thought views them as intertwined.
“The Supreme Court’s work often mirrors this unity of legal rule and moral vigil,” Justice Mithal said.
The remarks signal a renewed interest in exploring India’s legal foundations through a culturally grounded framework, potentially setting the stage for curricular reforms in legal education.
