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The paramount importance of kingship and the profound influence a Raja has on the state of society has also been crisply expressed in the Mahabharata as follows,<blockquote>कालो वा कारणं राज्ञो राजा वा कालकारणम् । इति ते संशयो माभूद्राजा कालस्य कारणम् ॥6॥<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%B5-069 Adhyaya 69].</ref></blockquote><blockquote>''kālo vā kāraṇaṁ rājño rājā vā kālakāraṇam। iti te saṁśayo mābhūdrājā kālasya kāraṇam।।''</blockquote>Meaning: Whether, it is the Raja who is the maker of the age or the age that makes the Raja is a question about which there is no room for doubt. The Raja is undoubtedly the maker of the age.

The paramount importance of kingship and the profound influence a Raja has on the state of society has also been crisply expressed in the Mahabharata as follows,<blockquote>कालो वा कारणं राज्ञो राजा वा कालकारणम् । इति ते संशयो माभूद्राजा कालस्य कारणम् ॥6॥<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%B5-069 Adhyaya 69].</ref></blockquote><blockquote>''kālo vā kāraṇaṁ rājño rājā vā kālakāraṇam। iti te saṁśayo mābhūdrājā kālasya kāraṇam।।''</blockquote>Meaning: Whether, it is the Raja who is the maker of the age or the age that makes the Raja is a question about which there is no room for doubt. The Raja is undoubtedly the maker of the age.

Because, whatever system of polity, it is the ruler who is largely responsible for the state of the nation or society. Whether the people in general are virtuous or not also largely depends upon the character and conduct of the ruler and his capacity to enforce Dharma, i.e., the rule of law. <blockquote>यथा राजा तथा प्रजा | ''yathā rājā tathā prajā |''</blockquote>Since enforcement of Dharma was entirely dependent upon the effective implementation of Raja Dharma, it was considered supreme. And the propounders of Dharma Shastra declared the Raja (State) as an absolute necessity to maintain the society in a state of Dharma which was essential for the fulfillment of Artha and Kama. Thus, Raja Dharma, which laid down the Dharma of the Raja, was paramount. This is reinforced in the Shanti Parva of the Mahabharata. It says that 'all Dharmas are merged in Raja Dharma, and it is therefore the Supreme Dharma.'<ref name=":0" /><blockquote>सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छृणोमि ॥24॥... एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थान् सम्प्रलीनान् निबोध ।<ref>Pandit Ramnarayanadatta Shastri Pandey, Mahabharata (Khanda 5-Shantiparva), Gorakhpur: Gita Press.</ref> (Maha. Shan Parv. 63.24-25)</blockquote><blockquote>''sarve dharmāḥ sopadharmāstrayāṇāṁ rājño dharmāditi vedācchr̥ṇomi ॥24॥... evaṁ dharmān rājadharmeṣu sarvān sarvāvasthān sampralīnān nibodha । (Maha. Shan Parv. 63.24-25)''</blockquote>

Because, whatever system of polity, it is the ruler who is largely responsible for the state of the nation or society. Whether the people in general are virtuous or not also largely depends upon the character and conduct of the ruler and his capacity to enforce Dharma, i.e., the rule of law.<blockquote>यथा राजा तथा प्रजा | ''yathā rājā tathā prajā |''</blockquote>Since enforcement of Dharma was entirely dependent upon the effective implementation of Raja Dharma, it was considered supreme. And the propounders of Dharma Shastra declared the Raja (State) as an absolute necessity to maintain the society in a state of Dharma which was essential for the fulfillment of Artha and Kama. Thus, Raja Dharma, which laid down the Dharma of the Raja, was paramount. This is reinforced in the Shanti Parva of the Mahabharata. It says that 'all Dharmas are merged in Raja Dharma, and it is therefore the Supreme Dharma.'<ref name=":0" /><blockquote>सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छृणोमि ॥24॥... एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थान् सम्प्रलीनान् निबोध ।<ref>Pandit Ramnarayanadatta Shastri Pandey, Mahabharata (Khanda 5-Shantiparva), Gorakhpur: Gita Press.</ref> (Maha. Shan Parv. 63.24-25)</blockquote><blockquote>''sarve dharmāḥ sopadharmāstrayāṇāṁ rājño dharmāditi vedācchr̥ṇomi ॥24॥... evaṁ dharmān rājadharmeṣu sarvān sarvāvasthān sampralīnān nibodha । (Maha. Shan Parv. 63.24-25)''</blockquote>

== धर्मप्राधान्यम् ॥ Supremacy of Dharma ==

== राज्ञः धर्मस्य च अन्योन्याश्रयत्वम् ॥ Interdependence of Raja and 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 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.  

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.  

After declaring how and why the Kshatra power i.e. the Raja was created, the Brhadaranyakopanishad states, <blockquote>''<nowiki/>'finding that the mere creation of kingship was not enough; Dharma (law), a power superior to that of the Raja, was created to enable the him protect the people''' </blockquote>And defines Dharma as follows,<blockquote>तदेतत्-क्षत्रस्य क्षत्रं यद्धर्मः | तस्माधर्मात्परं नास्ति | अथो अबलीयान् बलीयांसमाशंसते धर्मेण | यथा राज्ञा एवं ||१,४.१४||<ref>Brhadaranyakopanishad, [https://sa.wikisource.org/wiki/%E0%A4%AC%E0%A5%83%E0%A4%B9%E0%A4%A6%E0%A4%BE%E0%A4%B0%E0%A4%A3%E0%A5%8D%E0%A4%AF%E0%A4%95_%E0%A4%89%E0%A4%AA%E0%A4%A8%E0%A4%BF%E0%A4%B7%E0%A4%A6%E0%A5%8D_1a Adhyaya 1].</ref></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 Raja enables the weak to prevail over the strong.

After declaring how and why the Kshatra power i.e. the Raja was created, the Brhadaranyakopanishad states, <blockquote>''<nowiki/>'finding that the mere creation of kingship was not enough; Dharma (law), a power superior to that of the Raja, was created to enable him protect the people''' </blockquote>''<nowiki/>''

And defines Dharma as follows,<blockquote>तदेतत्-क्षत्रस्य क्षत्रं यद्धर्मः | तस्माधर्मात्परं नास्ति | अथो अबलीयान् बलीयांसमाशंसते धर्मेण | यथा राज्ञा एवं ||१,४.१४||<ref>Brhadaranyakopanishad, [https://sa.wikisource.org/wiki/%E0%A4%AC%E0%A5%83%E0%A4%B9%E0%A4%A6%E0%A4%BE%E0%A4%B0%E0%A4%A3%E0%A5%8D%E0%A4%AF%E0%A4%95_%E0%A4%89%E0%A4%AA%E0%A4%A8%E0%A4%BF%E0%A4%B7%E0%A4%A6%E0%A5%8D_1a Adhyaya 1].</ref></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 Raja enables the weak to prevail over the strong.

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

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:  

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

 

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

 

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

One aspect discernible from the definition of 'law' given in the Brhadarayaka Upanishad and accepted in the Dharma Shastras is that, the law and the Raja derive their strength and vitality from each other. It was impressed that  

Thus, one aspect discernible from the definition of 'law' given in the Brhadarayaka Upanishad and accepted in the Dharma Shastras is that, the law and the Raja derive their strength and vitality from each other. It was impressed that  

* the Raja remained powerful if he observed the law  

* the Raja remained powerful if he observed the law  

* the efficacy of the law also depended on the manner in which the Raja functioned, because it was he who was responsible for its enforcement.  

* the efficacy of the law also depended on the manner in which the Raja functioned, because it was he who was responsible for its enforcement.  

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.

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.

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.  

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

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.

== धर्मप्राधान्यम् ॥ Supremacy of Dharma ==

== Importance of Dharma-abiding nature ==

== Importance of Dharma-abiding nature ==

The various references exemplifies that unless a Dharma-abiding nature is ingrained in the individuals who exercise power of the state, either as ministers or elected representatives or as bureaucrats, the whole social fabric will be torn into pieces. It is only the internal check in the form of Dharma, which can destroy immoral thoughts in the mind of the individuals who exercise state power and inspire them to serve the people, for which purpose they are elected or appointed.

The various references exemplifies that unless a Dharma-abiding nature is ingrained in the individuals who exercise power of the state, either as ministers or elected representatives or as bureaucrats, the whole social fabric will be torn into pieces. It is only the internal check in the form of Dharma, which can destroy immoral thoughts in the mind of the individuals who exercise state power and inspire them to serve the people, for which purpose they are elected or appointed.