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Line 48: − + − नैव राज्यं न राजाऽऽसीन्न दण्डो न च दाण्डिकः । धर्मेनैव प्रजाः सर्वा रक्षन्ति स्म परस्परम् ॥+ − Meaning : There was neither kingdom nor the king, neither punishment nor the guilty to be punished. People were acting according to Dharma and thereby protecting one another.+ − The above verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the hoary past. Such a society was the most ideal one for the reason that every individual scrupulously acted according to the rules of right conduct by the force of his own culture and habit and not out of any fear of being punished by a powerful superior authority like the state. Consequently, there was mutual cooperation and protection. The society was free from the evils arising from selfishness and exploitation by individuals. The sanction which enforced such implicit obedience to Dharma was the faith of the people in it as also the fear of incurring divine displeasure if Dharma was disobeyed.+ − However, the ideal society so beautifully described did not last long. While, the faith in: the efficacy and utility of Dharma, belief in God and the God fearing attitude of people continued to dominate society, the actual state of affairs gradually deteriorated. A situation arose when some persons, out of selfish worldly desires, began to flout Dharma, and became immune to the fear of divine displeasure. They were infatuated with pleasure and prompted by their own muscle power, began to exploit and torment the weaker sections of society for their selfish ends. The tyranny of the strong over the weak reigned unabated. The danger to peaceful co-existence and consequent uncertainty and anxiety about the safety of life and property of individuals, was brought about by such individuals. It was as though the rule of 'Matsyanyaya' (big fish devouring small fish) governed society. This situation forced the law abiding people to search for a remedy. This resulted in the creation of the institution of kingship and the establishment of his authority (kingship or the state) and formulation of Raja Dharma which corresponds to modern constitutional law which specifies and limits the exercise of power of the different limbs and departments of the state.+ + − + − मात्स्यन्यायाभिभूताः प्रजाः मनुं वैवस्वतं राजानं चक्रिरे । धान्यषड्भागं हिरण्यं चास्य भागधेयं प्रकल्पयामासुः । तेन भृता राजानः प्रजानां योगक्षेमवहाः ॥ Kaut Arth P-22 (P 24 S)+ − Meaning : People suffering from anarchy, as illustrated by the proverbial tendency of the bigger fish to devour the small ones, first elected Manu, the Vaivasvata, to be their king, and allotted one-sixth of grains grown and one-tenth of merchandise as sovereign dues. Being fed by this payment, the kings took upon themselves the responsibility of assuring and maintaining the safety and security of their subjects (Yogakshemavahah) and of being answerable for the sins of their subjects when the principle of levying just punishment and taxes had been violated.<ref name=":0" />+ − + − − − − The propounders of Dharmasastra declared that the king (State) was absolutely necessary to maintain the society in a state of Dharmawhich was essential for the fulfillment of Artha and Kama. Rajadharma, which laid down the Dharma of the king, was paramount. − + − − Line 89:
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→THE ORIGIN OF RAJA DHARMA AND ITS PURPOSE: Adding content with reference - to be edited
== THE ORIGIN OF RAJA DHARMA AND ITS PURPOSE ==
== THE ORIGIN OF RAJA DHARMA AND ITS PURPOSE ==
The origin of the State (Rajya) as well as the office of the king and the evolving of Raja Dharma -the law conferring power on the king to maintain the rule of law and the directives for the exercise of power -has been explained in Shantiparva of the Mahabharata. After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhistira the eldest of the Pandava brothers requested Bhishma, who was the master of Rajadharma to expound the same to him and he did so. The Shanthiparva of Mahabharata incorporates Bhishma's authoritative exposition of the origin and purpose of the state, the rule of law, the institution of kingship and the duties and the powers of the king. Great stress is laid on the personal character and qualities which a king in whom vast political power is vested must possess for the proper and effective discharge of his functions. Rajadharma, so clearly laid out is vast like an ocean, consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power. The Mahabharata discourse on the topic of Rajadharma discloses that in the very early periods of civilization in this country great importance was attached to Dharma and it was self-imposed by individuals. Consequently, everyone was acting according to Dharma and there was no necessity of any authority to compel obedience to the laws. The existence of such an ideal ' Stateless society' is graphically described in the following verses:
The origin of the State (Rajya) as well as the office of the king and the evolving of Raja Dharma -the law conferring power on the king to maintain the rule of law and the directives for the exercise of power -has been explained in Shantiparva of the Mahabharata. After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhistira the eldest of the Pandava brothers requested Bhishma, who was the master of Rajadharma to expound the same to him and he did so. The Shanthiparva of Mahabharata incorporates Bhishma's authoritative exposition of the origin and purpose of the state, the rule of law, the institution of kingship and the duties and the powers of the king. Great stress is laid on the personal character and qualities which a king in whom vast political power is vested must possess for the proper and effective discharge of his functions. Rajadharma, so clearly laid out is vast like an ocean, consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power. The Mahabharata discourse on the topic of Rajadharma discloses that in the very early periods of civilization in this country great importance was attached to Dharma and it was self-imposed by individuals. Consequently, everyone was acting according to Dharma and there was no necessity of any authority to compel obedience to the laws. The existence of such an ideal ' Stateless society' is graphically described in the following verses:<blockquote>नैव राज्यं न राजाऽऽसीन्न दण्डो न च दाण्डिकः । धर्मेनैव प्रजाः सर्वा रक्षन्ति स्म परस्परम् ॥</blockquote><blockquote>''naiva rājyaṁ na rājā<nowiki>''</nowiki>sīnna daṇḍo na ca dāṇḍikaḥ । dharmenaiva prajāḥ sarvā rakṣanti sma parasparam ॥''</blockquote>Meaning : There was neither kingdom nor the king, neither punishment nor the guilty to be punished. People were acting according to Dharma and thereby protecting one another.
The above verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the hoary past. Such a society was the most ideal one for the reason that every individual scrupulously acted according to the rules of right conduct by the force of his own culture and habit and not out of any fear of being punished by a powerful superior authority like the state. Consequently, there was mutual cooperation and protection. The society was free from the evils arising from selfishness and exploitation by individuals. The sanction which enforced such implicit obedience to Dharma was the faith of the people in it as also the fear of incurring divine displeasure if Dharma was disobeyed.
However, the ideal society so beautifully described did not last long. While, the faith in: the efficacy and utility of Dharma, belief in God and the God fearing attitude of people continued to dominate society, the actual state of affairs gradually deteriorated. A situation arose when some persons, out of selfish worldly desires, began to flout Dharma, and became immune to the fear of divine displeasure. They were infatuated with pleasure and prompted by their own muscle power, began to exploit and torment the weaker sections of society for their selfish ends. The tyranny of the strong over the weak reigned unabated. The danger to peaceful co-existence and consequent uncertainty and anxiety about the safety of life and property of individuals, was brought about by such individuals. It was as though the rule of 'Matsyanyaya' (big fish devouring small fish) governed society. This situation forced the law abiding people to search for a remedy. This resulted in the creation of the institution of kingship and the establishment of his authority (kingship or the state) and formulation of Raja Dharma which corresponds to modern constitutional law which specifies and limits the exercise of power of the different limbs and departments of the state.
Kautilya, who was the Prime Minister to the powerful Maghada Emperor, Chandragupta Maurya, in his celebrated work on Polity (Arthasastra) also explains the origin of the institution of Kingship:<blockquote>मात्स्यन्यायाभिभूताः प्रजाः मनुं वैवस्वतं राजानं चक्रिरे । धान्यषड्भागं हिरण्यं चास्य भागधेयं प्रकल्पयामासुः । तेन भृता राजानः प्रजानां योगक्षेमवहाः ॥ Kaut Arth P-22 (P 24 S)</blockquote><blockquote>''mātsyanyāyābhibhūtāḥ prajāḥ manuṁ vaivasvataṁ rājānaṁ cakrire । dhānyaṣaḍbhāgaṁ hiraṇyaṁ cāsya bhāgadheyaṁ prakalpayāmāsuḥ । tena bhr̥tā rājānaḥ prajānāṁ yogakṣemavahāḥ ॥''</blockquote>Meaning : People suffering from anarchy, as illustrated by the proverbial tendency of the bigger fish to devour the small ones, first elected Manu, the Vaivasvata, to be their king, and allotted one-sixth of grains grown and one-tenth of merchandise as sovereign dues. Being fed by this payment, the kings took upon themselves the responsibility of assuring and maintaining the safety and security of their subjects (Yogakshemavahah) and of being answerable for the sins of their subjects when the principle of levying just punishment and taxes had been violated.<ref name=":0" />
== IDEAL AND PURPOSE OF THE STATE ==
There was no difference between the ideals kept before the state by Rajadharma and those enshrined in the hearts of individuals. The ideals placed before the individual, for purposes of the welfare and happiness of himself and all others in this world, were Dharma, Artha and Kama (Trivarga or the three Purusharthas. See Ch-ill). Every individual was asked to reject Artha and Kama (material wealth and desires) if they were in conflict with Dharma. The ideal of Rajadharma placed before the state was to assist and support the achievement by individuals of the threefold ideals (Trivarga) and to ensure that they secure wealth (Artha) and fulfil their desires (Kama) in conformity with Dharma and do not transgress Dharma.<blockquote>नीतेः फलं धर्मार्थकामावाप्तिः | ''nīteḥ phalaṁ dharmārthakāmāvāptiḥ |'' Barhaspatya Sutra 11-43</blockquote>Meaning: The goal of polity (Rajaniti) is the fulfillment of Dharma, Artha and Kama.
Kautilya, who was the Prime Minister to the powerful Maghada Emperor, Chandragupta Maurya, in his celebrated work on Polity (Arthasastra) also explains the origin of the institution of Kingship:
Barhaspatya Sutra 11-44 adds that Artha (the wealth) and Kama (desire ) must stand the test of Dharma. Kautilya declares that a king must strive for the achievement of Trivarga. Kamandakiya, after an elaborate discussion of the seven constituents of the state, concludes thus:<blockquote>गृहीतमेतत्रिपुणेन मन्त्रिणा त्रिवर्गनिष्त्रिवर्गनिष्पत्तिमुपैति शाश्वतीम् || Kamandakiya IV-7</blockquote><blockquote>''gr̥hītametatripuṇena mantriṇā trivarganiṣtrivarganiṣpattimupaiti śāśvatīm ||''</blockquote>Meaning: The state administered with the assistance of sagacious ministers secures the three goals (Trivarga) in an enduring manner.
Somadeva begins his Nitivakyamrita in a characteristic way when he performs obeisance to Rajya (the state) which yields the three fruits of Dharma, Artha and Kama. The Dharmasastra authors held that Dharma was the supreme power in the state and was above the king who was only the instrument to realize the goal of Dharma.
The theory about the origin of kingship and its purpose and of Raja Dharma as set out above is reiterated by all the works on Rajadharma which declare with one voice that the highest duty of a king is to afford 'protection to his subjects (praja) and to dedicate himself to their welfare and happiness'.
== RAJADHARMA IS THE PARAMOUNT DHARMA ==
== RAJADHARMA IS THE PARAMOUNT DHARMA ==
Simultaneously with the bringing into existence of Rajya and the institution of kingship its founders felt the necessity to define its structure, the powers and duties of the king and the liability of the people to contribute a part of their income by way of taxes, which should be placed in the hands of the king for purposes of the defence of the realm and to maintain peace, safety and order in society and also to undertake various welfare measures for the benefit of the people. The necessity was met by making provisions regulating the constitution and organisation of the state, specifying the power and duties of the king and all other incidental provisions and treating these provisions also as part of Dharma under the title "Rajadharma" (law governing kings). In the Dharmasastras and Smritis, Rajadharma is dwelt upon as a topic separate and independent from civil, criminal and procedural law. In view of the great importance of the topic of Rajadharma, several eminent writers wrote independent treatises on it under various titles such as Rajanitisara, Dandaniti, Nitisara and it is also dealt with as part of Arthasastra. The monumental work Arthasastra is by Kautilya, who was the Prime Minister of Magadha Empire which had its capital at Patalipura (modern Patna, in the State of Bihar). P. v: Kane refers to the other extensive literature available on the subject.
Simultaneously with the bringing into existence of Rajya and the institution of kingship its founders felt the necessity to define its structure, the powers and duties of the king and the liability of the people to contribute a part of their income by way of taxes, which should be placed in the hands of the king for purposes of the defence of the realm and to maintain peace, safety and order in society and also to undertake various welfare measures for the benefit of the people. The necessity was met by making provisions regulating the constitution and organisation of the state, specifying the power and duties of the king and all other incidental provisions and treating these provisions also as part of Dharma under the title "Rajadharma" (law governing kings). In the Dharmasastras and Smritis, Rajadharma is dwelt upon as a topic separate and independent from civil, criminal and procedural law. In view of the great importance of the topic of Rajadharma, several eminent writers wrote independent treatises on it under various titles such as Rajanitisara, Dandaniti, Nitisara and it is also dealt with as part of Arthasastra. The monumental work Arthasastra is by Kautilya, who was the Prime Minister of Magadha Empire which had its capital at Patalipura (modern Patna, in the State of Bihar). P. v: Kane refers to the other extensive literature available on the subject.
The important ones are the Mahabharata -Shanti parva, Manu Ch. VII and IX, Kamandaka Nitisara, Manasollasa of Someswsara, Yuktikalpataru of Bhoja, Rajaniti Ratnakara of Chandeswara, Rajaniti Prakasha of Mitramisra and Dandaniti of Keshava Pandita. The system of government envisaged by all the works on Rajadharma was the Rajya (the State) headed by a king. The provisions in the Dharmasastras, Smritis and
The important ones are the Mahabharata -Shanti parva, Manu Ch. VII and IX, Kamandaka Nitisara, Manasollasa of Someswsara, Yuktikalpataru of Bhoja, Rajaniti Ratnakara of Chandeswara, Rajaniti Prakasha of Mitramisra and Dandaniti of Keshava Pandita. The system of government envisaged by all the works on Rajadharma was the Rajya (the State) headed by a king. The provisions in the Dharmasastras, Smritis and other works on the topic mentioned above, covered varieties of subjects such as the constitution and organisation of the Rajya, Kingship, the manner of assuming office by the king (coronation), the code of conduct for the king, the succession of kingship, the education of young princes, the appointment of council of ministers, the chief justice and other judges of the highest court, the administrative divisions, and the powers and duties of the king.
other works on the topic mentioned above, covered varieties of subjects such as the constitution and organisation of the Rajya, Kingship, the manner of assuming office by the king (coronation), the code of conduct for the king, the succession of kingship, the education of young princes, the appointment of council of ministers, the chief justice and other judges of the highest court, the administrative divisions, and the powers and duties of the king.
सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छूणोमि । एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थं संप्रलीनान् निबोध ॥ (Maha Shan Parv Ch 63, 24-25)
The propounders of Dharmasastra declared that the king (State) was absolutely necessary to maintain the society in a state of Dharmawhich was essential for the fulfillment of Artha and Kama. Rajadharma, which laid down the Dharma of the king, was paramount.<blockquote>सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छूणोमि । एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थं संप्रलीनान् निबोध ॥ (Maha Shan Parv Ch 63, 24-25)</blockquote><blockquote>''sarve dharmāḥ sopadharmāstrayāṇāṁ rājño dharmāditi vedācchūṇomi । evaṁ dharmān rājadharmeṣu sarvān sarvāvasthaṁ saṁpralīnān nibodha ॥''</blockquote>Meaning : All Dharmas are merged in Rajadharma, and it is therefore the Supreme Dharma.<ref name=":0" />
Meaning : All Dharmas are merged in Rajadharma, and it is therefore the Supreme Dharma.<ref name=":0" />
==Introduction==
==Introduction==
<blockquote>"'''''Dharma is that which upholds, nourishes or supports the stability of the society, maintains the social order and secures the general well-being and progress of man-kind'''''</blockquote><blockquote>(Supreme court of India)"</blockquote>The '''smritis''' laid down a code of conduct which should be scrupulously observed by the kings and applied to every kind of political ruler and officers exercising governmental powers. Its directives were invariably followed both in letter and spirit by the royal families.
<blockquote>"'''''Dharma is that which upholds, nourishes or supports the stability of the society, maintains the social order and secures the general well-being and progress of man-kind'''''</blockquote><blockquote>(Supreme court of India)"</blockquote>The '''smritis''' laid down a code of conduct which should be scrupulously observed by the kings and applied to every kind of political ruler and officers exercising governmental powers. Its directives were invariably followed both in letter and spirit by the royal families.
<blockquote>"'''n'k dkeleqRFkkfu rFkk·"VkS Øks/ktkfu pA O;lukfu nqjUrkfu iz;Rusu footZ;srÃA dkets"kq izlDrks fd O;lus"kq eghifr%A fo;qT;rs·FkZ /kekZH;ka Øks/kts"okReuSo rqAA e`x;k·{kkfnokLoIu% ifjokn% fL=;ks en%A rkS;Zf=da o`Fkk·VÓk p dketks n'kdks xq.k%AA iS'kqU;a lkgla nzksg% bZ";kZlw;kFkZnw"k.keà okXn.·ta p ik#";a Øks/ktks·fi xq.kks·"Vd%AA'''"</blockquote><blockquote>"(i) Let him shun the ten vices springing from love of pleasure and the eight proceeding from wrath, which end in misery."</blockquote><blockquote>"(ii) The king who is attached to vices springing from love of pleasure loses his virtue and wealth, and he who is given to vices arising from anger loses even his life. "</blockquote><blockquote>"(iii) Hunting, gambling, sleeping during day, censoriousness, libidinousness, drunkenness, an inordinate love for dancing, singing and music, and useless travel are the ten vices flowing from love of pleasure. "</blockquote><blockquote>"(iv) The four vices -drinking liquor, gambling Glibidinousness and hunting, arising out of love of pleasure, are the most pernicious in the same order. "</blockquote><blockquote>"(v) Tale bearing, violence, treachery, envy, slandering, unjust seizure of property, reviling and assault are the set of eightfold vices flowing from
<blockquote>"'''n'k dkeleqRFkkfu rFkk·"VkS Øks/ktkfu pA O;lukfu nqjUrkfu iz;Rusu footZ;srÃA dkets"kq izlDrks fd O;lus"kq eghifr%A fo;qT;rs·FkZ /kekZH;ka Øks/kts"okReuSo rqAA e`x;k·{kkfnokLoIu% ifjokn% fL=;ks en%A rkS;Zf=da o`Fkk·VÓk p dketks n'kdks xq.k%AA iS'kqU;a lkgla nzksg% bZ";kZlw;kFkZnw"k.keà okXn.·ta p ik#";a Øks/ktks·fi xq.kks·"Vd%AA'''"</blockquote><blockquote>"(i) Let him shun the ten vices springing from love of pleasure and the eight proceeding from wrath, which end in misery."</blockquote><blockquote>"(ii) The king who is attached to vices springing from love of pleasure loses his virtue and wealth, and he who is given to vices arising from anger loses even his life. "</blockquote><blockquote>"(iii) Hunting, gambling, sleeping during day, censoriousness, libidinousness, drunkenness, an inordinate love for dancing, singing and music, and useless travel are the ten vices flowing from love of pleasure. "</blockquote><blockquote>"(iv) The four vices -drinking liquor, gambling Glibidinousness and hunting, arising out of love of pleasure, are the most pernicious in the same order. "</blockquote><blockquote>"(v) Tale bearing, violence, treachery, envy, slandering, unjust seizure of property, reviling and assault are the set of eightfold vices flowing from
wrath; out of these, doing bodily injury, reviling and seizure of property are the most pernicious.
wrath; out of these, doing bodily injury, reviling and seizure of property are the most pernicious.
"</blockquote>
"</blockquote>
====(c) Death preferable to vicious life====
====(c) Death preferable to vicious life====
'''Kamandaka''' called upon the kings to protect people against his favourites and officers.<blockquote>"vk;qDrdsH;'pkSjsH;% ijsH;ks jktoYyHkkrà i`fFkohifryksHkkPp iztkuka iŒp/kk Hk;eà iŒpizdkjeI;sr iksáa u`irsHkZ;eÃA
'''Kamandaka''' called upon the kings to protect people against his favourites and officers.<blockquote>"vk;qDrdsH;'pkSjsH;% ijsH;ks jktoYyHkkrà i`fFkohifryksHkkPp iztkuka iŒp/kk Hk;eà iŒpizdkjeI;sr iksáa u`irsHkZ;eÃA
KAMANDAKA v 82-83 (PP.63-64)
KAMANDAKA v 82-83 (PP.63-64)
"</blockquote><blockquote>"The subjects require protection against wicked officers of the king, thieves, enemies of the king, royal favourites (such as the queen, princes etc ), and
"</blockquote><blockquote>"The subjects require protection against wicked officers of the king, thieves, enemies of the king, royal favourites (such as the queen, princes etc ), and
more than all, against the greed of the king himself. The king should ensure that the people are free from these fears.
more than all, against the greed of the king himself. The king should ensure that the people are free from these fears.
"</blockquote>Most of the kings were very conscious of their duties towards their subjects and did provide relief to the aggrieved against actions of their own officers or favourites. There is an illuminating case recorded in '''Rajatarangini''' as to how '''Chandrapida''', the king of Kashmir who reigned between 680-688 A.D. gave protection to a poor 'charmakara' (cobbler) from the intended action of his own officers. The gist of the case is related below.
"</blockquote>Most of the kings were very conscious of their duties towards their subjects and did provide relief to the aggrieved against actions of their own officers or favourites. There is an illuminating case recorded in '''Rajatarangini''' as to how '''Chandrapida''', the king of Kashmir who reigned between 680-688 A.D. gave protection to a poor 'charmakara' (cobbler) from the intended action of his own officers. The gist of the case is related below.