UPSC CSE Pre. 2021, GS Paper I

Ancient Indian Jurisprudence

Authentic Past Paper Standard Evaluation

With reference to the history of ancient India, which of the following statements is/ are correct? 1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes. 2. In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property. 3. The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters related to the property held by both male and female members of a family. Select the correct answer using the code given below:

Solution & Analysis

Answer: B

Concept Mitakshara (by Vijnaneshwara) and Dayabhaga (by Jimutavahana) are the two major schools of Hindu Law governing inheritance and property.

Explanation Mitakshara applies to all of India except Bengal and Assam, where Dayabhaga prevails. The core difference lies in the 'right by birth' (Mitakshara) versus 'right by succession' (Dayabhaga).

Logical Breakup
Logic 1: Statement 1 is incorrect; these schools are based on geography and ideology, not caste distinctions.
Logic 2: Statement 2 is correct. In Mitakshara, a son acquires interest in ancestral property by birth. In Dayabhaga, the father is the absolute owner until death.
Logic 3: Statement 3 is incorrect. Both schools deal with property rights of males and females, though they differ significantly in the extent of rights granted to women.

Active Recall

Question

What is the primary geographical divide between these two schools?

Answer

Dayabhaga is restricted to Bengal and Assam, while Mitakshara covers the rest of the Indian subcontinent.

Core Insight

The Mitakshara system fosters the 'Joint Family' concept through the principle of survivorship, whereas Dayabhaga emphasizes individual ownership.