Ancient Foundations of Hindu Jurisprudence
The Supreme Court of KAILASA (SCK) represents the culmination of a long process to revive the ancient Hindu legal traditions and Hindu Jurisprudence for the modern world.
The Supreme Court of KAILASA (SCK) traces its origins to more than 10,000 years ago, when Manu, the progenitor of mankind, codified the first comprehensive system of justice as revealed by Paramaśiva.
Based on pure Dharma (cosmic law) and the understanding of Prayaschitta (realization, completion, and realignment to the Ultimate), Paramaśiva’s system does not judge a being as innocent or guilty. It only reminds a person about his or her fundamental purpose of life to realize he or she is Paramaśiva already. Any miss or non-alignment to this truth is realigned with Prayaschitta and hence does not engender the biggest delusion of modern society: fear.
This system, recorded in the Manusmriti, laid the foundation for righteous governance and equitable justice that has guided Hindu societies for millennia.
Manu’s laws were universal, applying to all members of society, including rulers. Justice imparted extended to all beings including animals. These principles existed both de jure (in written law) and de facto (in application) in ancient Hindu nations. The Manusmriti (Chapter VII, Verse 2) states:
ब्राह्मं प्राप्तेन संस्कारं क्षत्रियेण यथाविधि ।
सर्वस्यास्य यथान्यायं कर्तव्यं परिरक्षणम् ॥ २ ॥
“A Sovereign Hindu state, headed by Kshatriya King, governered in accordance with the scriptural injunction, has the duty to ensure the protection of all beings (all life forms, humans, and animals) in accordance with the rule of law and principles of justice.”
These principles were exemplified by great incarnations and enlightened ancestors of Hinduism such as Bhagavan Rama, Devi Meenakshi, etc. who embodied the ideal of just rulership as per Hindu jurisprudence. The most striking example of the implementation of Manu’s laws comes from the life of Manu Needhi Cholan, a Chola king who lived around 250 BCE.
Manu Needhi Cholan’s unwavering commitment to justice was symbolized by a giant bell hung outside his palace, which anyone seeking justice could ring. When a cow rang the bell after losing its calf to the wheels of the prince’s chariot, the king, staying true to the principles of equitable justice which was accessible to all beings including animals, and that law was above all even the king, ordered his own son to be killed in the same manner. This extreme adherence to the law moved the divine – Paramashiva – and both the calf and the prince were restored to life by Lord’s Divine grace.
Influence on Modern Legal Systems
The enduring influence of these ancient Hindu legal principles is evident in many modern South Asian legal systems. High Courts and Supreme Courts in the region continue to cite these ancient principles and stories in their judgments, demonstrating the lasting relevance of Hindu jurisprudence. The presence of statues like that of Manu Needhi Cholan outside judicial buildings serves as a constant reminder of the rich legal heritage that continues to inspire modern justice systems.
Continuity of Hindu Legal Traditions
In ancient times, the 56 Hindu Nations of the South Asian sub-continent had a sophisticated judicial system presided over by Chief Justices known as ‘Pradvivaka’ and judges called ‘Sabhyas’. These judicial officers were not servants of kings, though appointed by them, and even kings were subject to the jurisdiction of these courts.
The system included specialized criminal courts called ‘Kantak Sodhana’, and there were professional lawyers known as ‘Dhammaparikas’, ‘Rupadakshas’, or ‘Pratinidhis’. This system persisted through the ages, adapting to different regions and epochs while maintaining its fundamental principles.
From 10,000 BCE until the 13th century Hindu Legal system provided justice and protection to all.
After begining of the brutal invasions, the formal practice of Hindu law underwent significant successive changes for centuries undermining the rights of Hindus. After 1772, with Warren Hastings’ “Plan for the Administration of Justice in Bengal”, Hindu law underwent a drastic disruption.
Despite these disruptions throughout history, the law even during the colonial era mandated that pre-existing Hindu law take precedence over colonial law in cases of conflict [example – UKPC 1864, No. 14]. In various judicial observations, even during the colonial era, consistently the indigenous Hindu laws and customs were upheld [example – UKPC 1919, No. 76]. Even changes in sovereignty did not affect property rights [example – UKPC 1940, No. 21] as per applicable indigenous Hindu laws.
Thus Hindu legal systems, particularly the customary law, specially in personal law, succession, family matters, commerce, arbitration, etc, maintained formal (de jure) and practical (de facto) continuity, persisting with remarkable resilience unbroken.
Even after the end of the colonization period after 1947, the Hindu legal systems continued both in de jure and de facto application in Hindu States.
For example the Muluki Ain of 1963 codified various aspects of personal law while still being rooted in Hindu jurisprudence, remaining a foundational element of their legal systems until 2007.
By 2003, The Supreme Pontiff of Hinduism Nithyananda Paramashivam started the revival of KAILASA, and in Dec 2004 was coronated at the Emperor of the Suryavamsa Surangi Samrajya, giving an unbroken de fact and de jure continuity to the Hindu jurisprudence.
The Revival of Hindu Judicial Traditions
The SCK stands shoulder to shoulder with other venerable legal traditions, such as the Jewish Beth Din and Sanhedrin, in their efforts to revive ancient legal systems, that underwent long periods of discontinuity before their reestablishment.
However, unlike many ancient legal systems that faced long periods of discontinuity, the Hindu judicial system has maintained an unbroken lineage through the sovereign rule of Hindu kingdoms. Even during the British colonial era, nearly 500 Hindu Sovereign Princely States retained their rights to rule according to Hindu law, as evidenced by numerous Sanads (decrees) and colonial court proceedings from that period.
The Supreme Court of KAILASA (SCK) represents a formal structuring of the world’s oldest continuously functioning legal system, drawing its authority and continuity from the unbroken lineage of the Suryavamsa Surangi Samrajya and other 20 ancient Hindu sovereign states and ecclesiastical entities.
Just as the Jay Treaty of 1794 between the United States and Great Britain, serves as a landmark in the modern history of international arbitration, the formal structuring of the world’s oldest continuously functioning legal system as The Supreme Court of KAILASA (SCK) represents a landmark in the formal recognition and global application of Hindu legal principles. However, unlike the relatively recent origins of modern international law, the SCK draws upon millennia of continuous legal tradition, offering a unique contribution complementing the modern jurisprudence.
The SCK derives its authority from the Constitution of KAILASA – the Veda-Agamas and Hindu Jurisprudence principles, including the Manu Dharma Shastras and Hindu Dharmashastras. This is similar to how the U.S. Supreme Court was established by the United States Constitution.
The SCK was formally established by decree of the Supreme Pontiff of Hinduism (SPH) Jagatguru Mahasannidhanam (JGM) Bhagavan Nithyananda Paramashivam. This establishment aligns with KAILASA’s status as a sovereign, independent juridical state, unifying, continuing, and reviving 21 ancient Hindu sovereign states and ecclesiastical entities.
Vision and Responsibilities
As it continues to revive, the SCK is committed to maintaining the highest standards of justice while adapting to the evolving needs of the global Hindu diaspora and the international community at large. In doing so, it carries forward the ancient tradition of Hindu jurisprudence, ensuring its relevance and application in the modern world. It aims to:
- Protect and promote Hindu traditions and legal principles in a modern context.
- Provide a platform for resolving disputes according to Hindu law, particularly for the global Hindu community.
- Complement and contribute to international jurisprudence, especially in areas related to religious freedom, cultural preservation, and human rights from a Hindu perspective.
- Serve as the guardian and interpreter of KAILASA’s constitution, similar to the role the U.S. Supreme Court plays for the U.S. Constitution.
