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Two notable aspects of Nyaya as defined in Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the Raja mutually strengthen each other. A Raja who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the Raja himself, who is the enforcer of Nyaya but never its source.<ref name="LCHI-Rama_Jois-Ch3">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 3, Pages 13-17</ref>

Two notable aspects of Nyaya as defined in Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior<ref name="LCHI-Rama_Jois-Ch2"/>), and that Nyaya and the Raja mutually strengthen each other. A Raja who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the Raja himself, who is the enforcer of Nyaya but never its source.<ref name="LCHI-Rama_Jois-Ch3">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 3, Pages 13-17</ref>

==Sources of Nyaya==

==Sources of Nyaya==

Nyaya was laid down in the Dharmasastras (धर्मशास्त्राः) written by Rshis (ऋषीः). The [[Vedas (वेदाः)|Vedas (वेदाः)]] and [[Smrti (स्मृतिः)|Smrtis (स्मृतीः)]] are the primary sources of Nyaya. However, the Rshis were aware that Nyaya once declared cannot remain as it is for ages, without additions or modifications. The following words by Manu and [[Yajnavalkya (याज्ञवल्क्यः)|Yajnavalkya (याज्ञवल्क्यः)]] respectively, reflect this thought. Note that the word Dharma means Nyaya in these descriptions.

Nyaya was laid down in the Dharmasastras (धर्मशास्त्राः) written by Rshis (ऋषयः). The [[Vedas (वेदाः)|Vedas (वेदाः)]] and [[Smrti (स्मृतिः)|Smrtis (स्मृतयः)]] are the primary sources of Nyaya. However, the Rshis were aware that Nyaya once declared cannot remain as it is for ages, without additions or modifications. The following words by Manu and [[Yajnavalkya (याज्ञवल्क्यः)|Yajnavalkya (याज्ञवल्क्यः)]] respectively, reflect this thought. Note that the word Dharma means Nyaya in these descriptions.

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<q>Veda is the first source of Dharma. The expression by Seers (Smritikaras), handed down from generation to generation by memory, the virtuous conduct of those who are well versed in the Vedas, and lastly, what is agreeable to good conscience, are the other sources.</q><ref name="LCHI-Rama_Jois-Ch3"/>

<q>Veda is the first source of Dharma. The expression by Seers (Smritikaras), handed down from generation to generation by memory, the virtuous conduct of those who are well versed in the Vedas, and lastly, what is agreeable to good conscience, are the other sources.</q><ref name="LCHI-Rama_Jois-Ch3"/>

Raja was given power to decide based on his own conscience only in case no reference could be found in the Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Ch3"/> All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal).<ref name="LCHI-Rama_Jois-Ch3"/> These conventions must then be enforced at par with the Dharmasastras. In no situation was the Raja given power to legislate. He is only an enforcer of Nyaya.

Raja was given power to decide based on his own conscience only in case no reference could be found in the Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Ch3"/> All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal).<ref name="LCHI-Rama_Jois-Ch3"/> These conventions must then be enforced at par with the Dharmasastras. In no situation was the Raja given power to legislate. He is only an enforcer of Nyaya.

==References==

==References==

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[[Category:Dharmas]]

[[Category:Dharmas]]