What are Commentary and Digests?

Commentary and Digests.

Commentary is the interpretation of the Smritis by the scholars. It also includes the customs and usages which the commentators found prevailing around them. Despite the fact such commentators have modified the original texts in order to bring them in line with the local customs and conditions, the commentaries are now considered to be more authoritative than the original texts themselves.

These commentaries gave rise to different schools known as the Mitakshara and Dayabhaga. Collection of commentaries is called Digests.

Features of commentary and digest-

1. They have tried to make the subject simple and easy to understand.
2. We find quotations of several works (texts)
3. Topics of Dharma have been widely classified by the digest
4. They have included custom and usages prevailing during their time
5. Commentary and digests kept law abreast of life.

Authority of commentary and digest- If Commentary and digest conflict with Smriti or Purana, Commentary and digest shall prevail cited in the case of Atmaram v. Bajirao.

►Principles of justice, equity and good conscience.

Judicial decisions are important sources of Hindu law in modern time. Decision of Privy Council and the High Court division are binding on subordinate court. Rules enunciated in the case of the collector of Madura Mooto Ramling and Tagore Vs Tagore are the instance.

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