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| == धर्मप्राधान्यम् ॥ Supremacy of Dharma == | | == धर्मप्राधान्यम् ॥ Supremacy of Dharma == |
− | The territorial extent of a Rajya depended on the prowess and capability of each Raja. Therefore, multiple Rajas ruled over different parts of the Bharatiya sub-continent, each of whom was independent of the others, except in cases where one became a vassal of an emperor. However, as a society, entire Bharata constituted itself into one homogeneous unit. And the civil, criminal and procedural laws evolved by the society and recorded in the various Dharma Shastras and Smrtis were followed uniformly in the whole country irrespective of different political entities under different Rajas. Thus, by virtue of governance of the same laws on all matters including Raja Dharma, the entire population of Bharata constituted themselves into one nation. | + | The territorial extent of a Rajya depended on the prowess and capability of each Raja. Therefore, multiple Rajas ruled over different parts of the Bharatiya sub-continent, each of whom was independent of the others, except in cases where one became a vassal of an emperor. However, as a society, entire Bharata constituted itself into one homogeneous unit. And the civil, criminal and procedural laws evolved by the society and recorded in the various Dharma Shastras and Smrtis were followed uniformly in the entire region irrespective of different political entities under different Rajas. Thus, by virtue of governance of the same laws on all matters including Raja Dharma, the entire population of Bharata constituted themselves into one nation. |
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− | Such an importance given to the principle of Dharma also indicates another fundamental aspect accepted by the people as well as the rulers of the various kingdoms of India. According to this principle of dharma, the Raja had no legislative powers. To this extent the doctrine of separation of the law making and law enforcing powers had been brought about. Political power of any state in the whole of India was subordinated to the power of the entire people as a whole. The sanction behind all the laws including Rajadharma (collectively called Dharma) lay in its acceptance by the people. Dharma held sway for thousands of years and no king questioned its authority over and above him. Thus, the entire political system in this country was based on Dharmic Supremacy. | + | Such an importance given to the principle of Dharma also indicates another fundamental aspect accepted by the people as well as the rulers of the various Rajyas of Bharata; that, the Raja had no legislative powers. The sanction behind all the laws including Raja Dharma (collectively called Dharma) lay in its acceptance by the people. It was to this extent that the doctrine of separation of the law making and law enforcing powers had been brought about. And no Raja questioned the authority of Dharma over and above him. Thus, the entire political system in Bharata was based on Dharmic Supremacy. |
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− | As a result, though the States were very many and under different kings, the Rajadharma ( constitutional law) uniformly applied to all of them and regulated the constitution and organisation of all the kingdoms as also the civil and criminal laws, including procedural law, subject to local variations on the basis of approved usage and custom, which were recognised as one of the sources of law. The position therefore was that India consisted of several independent sovereign states but one people governed by one legal, judicial and constitutional system -the Vyavahara Dharma and Raja Dharma, meant for the implementation of doctrine of TRIVARGA. | + | As a result, though the Rajyas were very many and under different Rajas, the Raja Dharma (constitutional law) uniformly applied to all of them and regulated the constitution and organisation of all the Rajyas as also the civil and criminal laws, including procedural law, subject to local variations on the basis of approved usage and custom, which were recognised as one of the sources of law. The position therefore, was that Bharata consisted of several independent sovereign states but the people were governed by one legal, judicial and constitutional system which is codified in the form of Vyavahara Dharma and Raja Dharma that was meant for the implementation of doctrine of Trivarga. |
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| == THE SUPREMACY OF DHARMA == | | == THE SUPREMACY OF DHARMA == |