UPSC IAS - 2021
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.
Year Asked: 2021
Correct Answer
B. 2 only
Detailed Explanation
The correct answer is B (2 only). Both Mitakshara and Dayabhaga were schools of Hindu civil law, not laws meant for different castes, so statement 1 is wrong. Mitakshara, the commentary by Vijnaneshvara, prevails over most of India, while Dayabhaga, by Jimutavahana, is followed in Bengal and Assam.
The core concept is the right of the son over ancestral property. Under Mitakshara, a son acquires a right by birth and can demand partition even while the father is alive. Under Dayabhaga, the son's right arises only after the father's death. This is statement 2, and it is correct.
- Statement 1: Incorrect. The division is regional and doctrinal, not caste-based.
- Statement 2: Correct, for the reason given above.
- Statement 3: Incorrect. Both systems deal with property held by male and female members. Male-only coparcenary is a feature of the joint family in Mitakshara, not a dividing line between the two schools.
Mains connection: this topic links to the evolution of personal laws, colonial codification, and the Hindu Succession (Amendment) Act, 2005, which gave daughters coparcenary rights in Mitakshara joint families. That amendment is a post-exam change worth remembering.
Trap: Aspirants often treat the two schools as caste-based codes and pick option A after accepting statement 1. Check the regional and doctrinal basis of each school.
This question appeared in UPSC Prelims 2021 GS Paper-1.
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