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Nyaya (translates to law) was laid down as an instrument to govern a Rajya (राज्यम्, State), which was considered an essential for a society to follow [[Dharma|Dharma (धर्मः)]]. Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Pt1Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Part 1, Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Pt1Ch2" /> Raja (राजा, king) was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
Nyaya (translates to law) was laid down as an instrument to govern a Rajya (राज्यम्, State), which was considered an essential for a society to follow [[Dharma|Dharma (धर्मः)]]. Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Pt1Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Part 1, Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Pt1Ch2" /> Raja (राजा, king) was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
The law was recognised as a mighty instrument necessary for the protection of individual rights and liberties. Whenever the right or liberty of an individual was encroached upon by another, the injured individual could seek protection from the law with the assistance of the king, however, powerful the opponent (wrong doer) might be.<ref name=":0">Justice M.Rama Jois, [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma The Global Ethic].</ref>
The law was recognised as a mighty instrument necessary for the protection of individual rights and liberties. Whenever the right or liberty of an individual was encroached upon by another, the injured individual could seek protection from the law with the assistance of the king, however, powerful the opponent (wrong doer) might be.<ref name=":0">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>
==Relation between Nyaya and Raja==
==Relation between Nyaya and Raja==
The power of the king (state) to enforce the law or to punish the wrong doer was recognised as the force (sanction) behind the law which could compel implicit obedience to the law.<ref name=":0" /> Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad (बृहदारण्यक उपनिषद्)]] defines Nyaya as follows.
The power of the king (state) to enforce the law or to punish the wrong doer was recognised as the force (sanction) behind the law which could compel implicit obedience to the law.<ref name=":0" /> Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad (बृहदारण्यक उपनिषद्)]] defines Nyaya as follows.
Raja was given power to decide based on his own conscience only in case no reference could be found in the Vedas, Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Pt1Ch3" /> 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-Pt1Ch3" /> 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 Vedas, Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Pt1Ch3" /> 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-Pt1Ch3" /> 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.
==धार्मिकराज्यम् || A State of Dharma<ref name=":0" />==
It is an orderly society that is capable of protecting the rights of individuals and such an orderly society would be in existence only if everyone acts according to Dharma. Hence, the necessity of scrupulous practice of Dharma is forcefully expressed by Manu as, <blockquote>धर्म एव हतो हन्ति धर्मो रक्षति रक्षितः । तस्माद्धर्मो न हन्तव्यो मा नो धर्मो हतोऽवधीत् || ८.१५ ||<ref>Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%85%E0%A4%B7%E0%A5%8D%E0%A4%9F%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Chapter 8].</ref></blockquote><blockquote>''dharma eva hato hanti dharmo rakṣati rakṣitaḥ । tasmāddharmo na hantavyo mā no dharmo hato'vadhīt || 8.15 ||''</blockquote>Meaning : Dharma protects those who protect it. Those who destroy Dharma get destroyed. Therefore, Dharma should not be destroyed so that we may not be destroyed as a consequence thereof.
It is needless to state that it is only when a substantial number of citizens of a nation are by and large of "Dharma / law abiding Nature" that the Rule of law can be maintained.
That is why, the aspect of Dharmacharana is sought to be impressed on every student. It is said in the Shikshavalli (Chapter 2, lesson 8) of the Taittiriya Upanishad that, <blockquote>युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठ ॥ तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ॥</blockquote><blockquote>''yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭha ॥ tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ॥''</blockquote>Meaning : Happiness is this, youth should be of good character, learned, resolute and strong (morally and physically). Then only the earth will be full of prosperity and wealth. This is the measure of human happiness.
This lesson that the real happiness and prosperity of any nation is directly proportional to the number of men of character it has produced, through proper education and environment is highly enlightening. Thus, a 'State of Dharma' is required to be always maintained for peaceful co-existence, happiness and prosperity.
==References==
==References==
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[[Category:Dharmas]]
[[Category:Dharmas]]