Incorporation of Kauṭilya's Principles in Modern Indian Legal Systems

Abstract

The foundation of Kautlya, sometimes Chanakya, a figment of a lawyer and political philosopher whose writing commenced in the fourth century BC, is significant in legal and political philosophy. Arthashastra, his foundational works, set the primary notions regarding laws, government, and justice in ancient India. Some of them still exist in the contemporary Indian legal system; his jurisprudence underscored Dandaniti (Rule of Law), Rajadharma (Dues of the King), and Vyavahara (Judicial Procedures). Under Kautilya, Arthashastra' s theories on judicial hierarchy, legal codification, rule of law, and anti-corruption policies are aligned with the Indian Constitution, Indian Penal Code (IPC), Code of Criminal Procedure (Crpc), and Prevention of Corruption Act, 1988. Specifically, it studies how these ideas help develop modern Indian law concerning constitutional law, administrative law, and human rights. This paper analyzes carefully the various court rulings and legislative actions that can bring forth how the notions of Kautilya are assimilated into the Indian legal theory for a robust and fair legal system. This study argues that by infusing Kautilya's principles, the present-day legal systems in India become more valid and effective; it further suggests other prospects for using these principles in tackling issues of contemporary law. Addendum: There is a reference in some court judgments to Arthashastra by the Indian legal system, thusunderlining its historical and cultural importance. However, much of the modern legal approach, especially concerning the individual rights-based approach, cries against Kautlya's tenets. Modern legal systems stress social justice and equality as defined in the Indian Constitution and several international human rights treaties.