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| Raja Dharma refers to the law that confers power on the Raja to maintain the rule of law and the directives for the exercise of power. The origin of the concepts of Rajya, Rajya Sabha as well as the evolving Raja Dharma has been explained in Shantiparva of the Mahabharata. | | Raja Dharma refers to the law that confers power on the Raja to maintain the rule of law and the directives for the exercise of power. The origin of the concepts of Rajya, Rajya Sabha as well as the evolving Raja Dharma has been explained in Shantiparva of the Mahabharata. |
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− | After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhishthira, the eldest of the Pandava brothers requested Bhishma, who was adept in Rajadharma to expound the same to him. The Shantiparva of the Mahabharata incorporates Bhishma's authoritative exposition on the origin and purpose of the state, the rule of law, the institution of kingship and the duties and powers of the Raja. Great stress is laid on the personal character and qualities which a Raja in whom vast political power is vested must possess for the proper and effective discharge of his functions. Raja Dharma, so clearly laid out, is vast like an ocean. It consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power. | + | After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhishthira, the eldest of the Pandava brothers requested Bhishma, who was adept in Raja Dharma to expound the same to him. The Shantiparva of the Mahabharata incorporates Bhishma's authoritative exposition on the origin and purpose of the state, the rule of law, the institution of kingship and the duties and powers of the Raja. Great stress is also laid on the personal character and qualities which a Raja in whom vast political power is vested must possess for the proper and effective discharge of his functions. Raja Dharma, so clearly laid out, is vast like an ocean. It consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power. |
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| The Mahabharata discourse on the topic of Raja Dharma discloses that in the very early periods of civilization, great importance was attached to Dharma in Bharata which was self-imposed by individuals. Everyone was acting according to Dharma. Consequently, there was no need of any authority to compel obedience to the laws. The existence of such an ideal 'Stateless society' is graphically described in the following verse. It says,<blockquote>नैव राज्यं न राजाऽऽसीन्न दण्डो न च दाण्डिकः । धर्मेणैव प्रजाः सर्वा रक्षन्ति स्म परस्परम् ॥14॥<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-058 Adhyaya 58].</ref></blockquote><blockquote>''naiva rājyaṁ na rājā<nowiki>''</nowiki>sīnna daṇḍo na ca dāṇḍikaḥ । dharmeṇaiva prajāḥ sarvā rakṣanti sma parasparam ॥14॥''</blockquote>Meaning : There was neither kingdom nor Raja, neither punishment nor the guilty to be punished. People were acting according to Dharma and thereby protecting one another. | | The Mahabharata discourse on the topic of Raja Dharma discloses that in the very early periods of civilization, great importance was attached to Dharma in Bharata which was self-imposed by individuals. Everyone was acting according to Dharma. Consequently, there was no need of any authority to compel obedience to the laws. The existence of such an ideal 'Stateless society' is graphically described in the following verse. It says,<blockquote>नैव राज्यं न राजाऽऽसीन्न दण्डो न च दाण्डिकः । धर्मेणैव प्रजाः सर्वा रक्षन्ति स्म परस्परम् ॥14॥<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-058 Adhyaya 58].</ref></blockquote><blockquote>''naiva rājyaṁ na rājā<nowiki>''</nowiki>sīnna daṇḍo na ca dāṇḍikaḥ । dharmeṇaiva prajāḥ sarvā rakṣanti sma parasparam ॥14॥''</blockquote>Meaning : There was neither kingdom nor Raja, neither punishment nor the guilty to be punished. People were acting according to Dharma and thereby protecting one another. |
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− | This verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the distant 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. | + | This verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the distant past. And such a society was most ideal because every individual meticulously acted according to the rules of right conduct by the force of one's 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. And the society was free from the evils arising from selfishness and exploitation by individuals. The sanction which enforced such implicit obedience to Dharma was people's faith in it as also the fear of incurring divine displeasure if Dharma was disobeyed. |
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− | 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. | + | However, this ideal society as described above did not last long. While, the faith in the efficacy and utility of Dharma, belief in the Supreme Being and the fear of the Supreme Being continued to dominate society, the actual state of affairs gradually deteriorated. Then a situation arose where some persons, out of selfish worldly desires, began to flout Dharma, becoming 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 came forth. It was as though the rule of 'Matsya Nyaya' (ie. big fish devouring small fish) governed the society. This situation forced the law abiding people to search for a remedy. And resulted in the creation of the institution of kingship and the establishment of Raja's authority and formulation of Raja Dharma which corresponds to the modern constitutional law that specifies and limits the exercise of power of the different limbs and departments of the state. |
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− | 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" /> | + | Kautilya, who was the Prime Minister of the powerful Magadha Emperor, Chandragupta Maurya, in his celebrated work on Polity named Arthashastra, also explains the origin of the institution of Kingship. He says,<blockquote>मात्स्यन्यायाभिभूताः प्रजाः मनुं वैवस्वतं राजानं चक्रिरे ॥ धान्यषड्भागं हिरण्यं चास्य भागधेयं प्रकल्पयामासुः ॥ तेन भृता राजानः प्रजानां योग-क्षेम-आवहाः ॥ तेषां किल्बिषं अदण्ड-करा हरन्त्ययोग-क्षेम-आवहाश्च प्रजानां ॥ ०१.१३.०५-०८ ॥<ref>Arthashastra, Adhikarana 1, [https://sa.wikisource.org/wiki/%E0%A4%85%E0%A4%B0%E0%A5%8D%E0%A4%A5%E0%A4%B6%E0%A4%BE%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A5%8D%E0%A4%B0%E0%A4%AE%E0%A5%8D/%E0%A4%85%E0%A4%A7%E0%A4%BF%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D_%E0%A5%A7/%E0%A4%85%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83_%E0%A5%A7%E0%A5%A9 Adhyaya 13].</ref></blockquote><blockquote>''mātsyanyāyābhibhūtāḥ prajāḥ manuṁ vaivasvataṁ rājānaṁ cakrire ॥ dhānyaṣaḍbhāgaṁ hiraṇyaṁ cāsya bhāgadheyaṁ prakalpayāmāsuḥ ॥ tena bhr̥tā rājānaḥ prajānāṁ yoga-kṣema-āvahāḥ ॥ teṣāṁ kilbiṣaṁ adaṇḍa-karā harantyayoga-kṣema-āvahāśca prajānāṁ ॥ 01.13.05-08 ॥''</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 Raja, and allotted one-sixth of grains grown and one-tenth of merchandise as sovereign dues. Being fed by this payment, the Rajas took upon themselves the responsibility of assuring and maintaining the safety and security of their subjects (''yoga-kṣema-āvahāḥ'') and of being answerable for the wrongdoings of their subjects when the principle of levying just punishment and taxes had been violated.<ref name=":0" /> |
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| == IDEAL AND PURPOSE OF THE STATE == | | == IDEAL AND PURPOSE OF THE STATE == |