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| Dharma is universal. It is a code of conduct for all human beings for all time to come. It is eternal and unalterable just as you cannot alter the property of fire of burning and of water of flowing. | | Dharma is universal. It is a code of conduct for all human beings for all time to come. It is eternal and unalterable just as you cannot alter the property of fire of burning and of water of flowing. |
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− | == Rule of succession == | + | == राज्यस्य उत्तराधिकारत्वम् ॥ Rule Of Succession == |
− | The implicit faith of the Rajas in Raja Dharma (Constitutional Law of ancient Bharath) has been the basis of the smooth functioning of the State as also peaceful transfer of power from a king/emperor to his successor since ancient times. | + | The implicit faith of the Rajas in Raja Dharma (Constitutional Law of ancient Bharata) has been the basis of the smooth functioning of the State as also the peaceful transfer of power from a Raja/emperor to his successor since ancient times. |
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− | The rule of succession prescribed as part of 'Raja Dharma' was Primogeniture. According to this, eldest son of a king alone was entitled to royal succession. This rule which has been in existence from the most ancient times has been incorporated in Sukraniti-I 684-688:-<blockquote>राजकुले तु बहवः पुरुषा यदि सन्ति हि | तेषु ज्येष्ठो भवेद्राजा शेषास्तत्कार्यसाधकाः ||</blockquote><blockquote>''rājakule tu bahavaḥ puruṣā yadi santi hi | teṣu jyeṣṭho bhavedrājā śeṣāstatkāryasādhakāḥ ||''</blockquote>Meaning: If a Raja has many sons male children (to a Raja), the eldest among them is to be the Raja (in succession); the others are to assist him.<blockquote>ज्येष्ठोऽपि बधिरः कुष्ठी मूकोऽन्धः षण्ड एव यः | स राज्यार्हो भवेन्नेव भ्राता तत्पुत्र एव हि ||</blockquote><blockquote>''jyeṣṭho'pi badhiraḥ kuṣṭhī mūko'ndhaḥ ṣaṇḍa eva yaḥ | sa rājyārho bhavenneva bhrātā tatputra eva hi ||''</blockquote>Meaning: If the eldest prince is deaf, dumb, blind, leprous or a eunuch, he is unfit to rule and, in such a case, the king's brother or grandson (the son of the eldest son) should succeed to the throne. | + | The rule of succession prescribed as part of 'Raja Dharma' was that of Primogeniture. According to this, the eldest son of a Raja alone was entitled to royal succession. This rule which has been in existence from the most ancient times has been incorporated in Shukraniti. It says,<blockquote>राजकुले तु बहवः पुरुषा यदि सन्ति हि ||341|| तेषु ज्येष्ठो भवेद्राजा शेषास्तत्कार्यसाधकाः |<ref name=":2">Jivananda Vidyasagar Bhatt (1860), [https://docs.google.com/viewer?a=v&pid=sites&srcid=dmVkaWNncmFudGgub3JnfHd3d3xneDo3NzYxMGU1Mzc5MmQwN2Rm Shukranitisara], Kolkata.</ref></blockquote><blockquote>''rājakule tu bahavaḥ puruṣā yadi santi hi | teṣu jyeṣṭho bhavedrājā śeṣāstatkāryasādhakāḥ ||''</blockquote>Meaning: If a Raja has many male children, the eldest among them is to be the Raja (in succession); the others are to assist him.<blockquote>ज्येष्ठोऽपि बधिरः कुष्ठी मूकोऽन्धः षण्ड एव यः | स राज्यार्हो भवेन्नेव भ्राता तत्पुत्र एव हि ||343||<ref name=":2" /></blockquote><blockquote>''jyeṣṭho'pi badhiraḥ kuṣṭhī mūko'ndhaḥ ṣaṇḍa eva yaḥ | sa rājyārho bhavenneva bhrātā tatputra eva hi ||''</blockquote>Meaning: If the eldest prince is deaf, dumb, blind, leprous or an eunuch, he is unfit to rule and, in such a case, the Raja's brother or grandson (the son of the eldest son) should succeed to the throne. |
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− | Arthasastra of Kautilya which codified Raja Dharma around 300 BC, declared that except in exceptional cases of calamity, sovereignty falls on the eldest son, Whereas according to the law governing interstate succession to the property of an individual, the sons of the deceased persons were entitled to equal share in the property of the father, Sukraniti indicated the reason for the difference between the succession to the property of the father and kingship and said that in the case of the former as it was the property of the father, the sons became entitled to it in equal shares but the kingdom was not the property of the king. He was only a person entrusted with the power of ruling the State and there should be only one ruler and therefore the Rule of Primogeniture was evolved.
| + | Arthashastra of Kautilya which codified Raja Dharma also declared that, except in exceptional cases of calamity, sovereignty falls on the eldest son while the sons of the deceased persons were entitled to equal share in the property of the father. Shukraniti indicated the reason for the difference between the succession to the property of the father and the Rajya. It said that in case of the former, as it was the property of the father, the sons became entitled to it in equal shares but the Rajya was not the property of the Raja. He was only a person entrusted with the power of ruling the State and there should be only one ruler and therefore, the Rule of Primogeniture was evolved. |
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| It is true that there was no constitutional court wherein usurpation of the power by anyone not entitled to succeed to kingship could be challenged. But in view of the implicit faith in and allegiance to Raja Dharma, the rule of primogeniture was being obeyed by all concerned and as a result there used to be smooth transfer of power. This Dharma abiding instinct in the rulers and the people was more powerful and effective than the power of the courts. This was the basis on which Bharata refused to be crowned even though he was requested by all to do so. | | It is true that there was no constitutional court wherein usurpation of the power by anyone not entitled to succeed to kingship could be challenged. But in view of the implicit faith in and allegiance to Raja Dharma, the rule of primogeniture was being obeyed by all concerned and as a result there used to be smooth transfer of power. This Dharma abiding instinct in the rulers and the people was more powerful and effective than the power of the courts. This was the basis on which Bharata refused to be crowned even though he was requested by all to do so. |