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== THE SUPREMACY OF DHARMA ==

== THE SUPREMACY OF DHARMA ==

Having evolved the concept of enforceability of the law through the institution of kingship, ancient Indian jurists proceeded to define the law. 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. 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. After declaring how and why the Kshatra power (i.e.; the King) was created, the Brihadaranyakopanishat proceeds to state, finding that the mere creation of kingship was not enough, that the most excellent Dharma (law), a power superior to that of the king, was created to enable the king to protect the people, and gives the definition of law (Dharma) as follows:<blockquote>तदेतत्-क्षत्रस्य क्षत्रं यद्धर्मः | तस्माधर्मात्परं नास्ति | अथो अबलीयान् बलीयांसमाशंसते धर्मेण | यथा राज्ञा एवं ||</blockquote><blockquote>''tadetat-kṣatrasya kṣatraṁ yaddharmaḥ | tasmādharmātparaṁ nāsti | atho abalīyān balīyāṁsamāśaṁsate dharmeṇa | yathā rājñā evaṁ ||''</blockquote>Meaning: The law (Dharma) is the king of kings No one is superior to the law (Dharma) ; The law (Dharma) aided by the power of the king enables the weak to prevail over the strong.

Having evolved the concept of enforceability of the law through the institution of kingship, ancient Indian jurists proceeded to define law. 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 Raja, however, powerful the opponent (wrong doer) might be. The power of the Raja (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 law.  

Commenting on the above provision, Dr. S. Radha krishnan observes that even kings are subordinate to Dharma, to the Rule of law.2 The utility and the necessity of the power of king to enforce the law is explained thus:-<blockquote>सर्वो दण्डजितो लोको दुर्लभो हि शुचिर्नरः । दण्डस्य हि भयात्सर्वं जगद्भोगाय कल्पते । । ७.२२ । ।</blockquote><blockquote>''sarvo daṇḍajito loko durlabho hi śucirnaraḥ । daṇḍasya hi bhayātsarvaṁ jagadbhogāya kalpate । । 7.22 । ।''</blockquote>Meaning:  

 

Commenting on this provision, Dr. S. Radha krishnan observes that even Rajas are subordinate to Dharma, to the Rule of law.  

 

While the utility and the necessity of the power of Raja to enforce the law is explained thus:-<blockquote>सर्वो दण्डजितो लोको दुर्लभो हि शुचिर्नरः । दण्डस्य हि भयात्सर्वं जगद्भोगाय कल्पते । । ७.२२ । ।<ref name=":3" /></blockquote><blockquote>''sarvo daṇḍajito loko durlabho hi śucirnaraḥ । daṇḍasya hi bhayātsarvaṁ jagadbhogāya kalpate । । 7.22 । ।''</blockquote>Meaning:  

There is hardly an individual in this world, who on his own, is pure in his conduct.

There is hardly an individual in this world, who on his own, is pure in his conduct.

The king's (sovereign's) power to punish, keeps the people in righteous path. Fear of punishment (by the king) yields worldly happiness and enjoyment.

The Raja's power to punish keeps the people in righteous path. Fear of punishment (by the Raja) yields worldly happiness and enjoyment.

 

 

However, though Dharma was made enforceable by the political sovereign - the Raja, it was considered and recognised as superior to and binding on the sovereign himself. Thus, under the ancient constitutional law of Bharata (Raja Dharma), Rulers were given the position of the penultimate authority functioning within the four corners of Dharma which was the ultimate authority.

One aspect discernible from the definition of 'law' given in the Brihadarayaka Upanishat and accepted in the Dharmasastras is, that the law and the king derive their strength and vitality from each other. It was impressed that the king remained powerful if he observed the law and the efficacy of the law also depended on the manner in which the king functioned, because it was he who was responsible for its enforcement. There was also a specific provision which made it clear to the king that if he was to be respected by the people, he was bound to act in accordance with the law. Thus the first and foremost duty of the king as laid down under Rajadharma was to rule his kingdom in accordance with the law, so that the law reigned supreme and could control all human actions so as to keep them within the bounds of the law. Though Dharma was made enforceable by the political sovereign -the king, it was considered and recognised as superior to and binding on the sovereign himself. Thus under our ancient constitutional law (Rajadharma) kings were given the position of the penultimate authority functioning within the four corners of Dharma, the ultimate authority.

Therefore, the rules of Dharma were not altereable according to the wish and will of the Raja. The exercise of political power in conformity with "Dharma" was considered most essential.  

Rules of Dharma were not altere able according to the whims and fancies of the king. The exercise of political power in conformity with "Dharma" was considered most essential. This principle holds good for every system of government and is a guarantee not only against abuse of political power with selfish motives and out of greed but also against arbitrary exercise of political power.

Justice Rama Jois observes that this principle holds good for every system of government and is capable of standing  guard against not only abuse of political power with selfish motives and out of greed but also against arbitrary exercise of political power.

The belief in the supremacy of Dharma among the people was the best guarantee for the proper functioning of kings. In other words, 'Dharmic Supremacy' generally prevailed, which corresponds to constitutional supremacy under the present day written constitutions. Every king was required to take oath at the time of coronation that he would rule according to 'Dharma'. Thus Dharmarajya means the Rule of Law.

The belief in the supremacy of Dharma among the people was the best guarantee for the proper functioning of kings. In other words, 'Dharmic Supremacy' generally prevailed, which corresponds to constitutional supremacy under the present day written constitutions. Every king was required to take oath at the time of coronation that he would rule according to 'Dharma'. Thus Dharmarajya means the Rule of Law.