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Report No. 60

10.9. Position in ancient India.-

It may be interesting at this stage, to refer to the ancient Indian theory on this point. According to some scholars, support can be found in some ancient Indian texts for the theory that the law, being of divine origin, bound the king and the subjects alike.1 However, we do not propose, to express any opinion in this matter, because, before we do so, an examination of the problem involving further study in depth will be required and we think that such examination is not necessary for the purposes of this Report.

But there are certain refinements and limitations as to this doctrine, which require to be considered.

1. (a) P.N. Sen Hindu Jurisprudence, p. 31.

(b) Dr. S.K. Ayangar Introduction to Dikshitar, Hindu Administrative Institutions, pp. 32, 33.

(c) N.N. Law Studies in Ancient Indian Polity, p. 135.

General Clauses Act, 1897 Back

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