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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 him protect the people''' </blockquote>''<nowiki/><nowiki/><nowiki/>''

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/><nowiki/><nowiki/><nowiki/>''

And defines Dharma as follows<ref name=":0" />,<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.

And defines Dharma as follows<ref name=":0" />,<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. Radhakrishnan observes that even Rajas are subordinate to Dharma, to the Rule of law.  

Commenting on this provision, Dr. S. Radhakrishnan observes that even Rajas are subordinate to Dharma, to the Rule of law.<ref name=":6">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>

While the utility and the necessity of the power of Raja to enforce the law is explained thus<ref name=":0" />,<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.  

While the utility and the necessity of the power of Raja to enforce the law is explained thus<ref name=":0" />,<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 was also a specific provision which made it clear to the Raja 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 Raja as laid down under Raja Dharma was to rule his Rajya 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.  

There was also a specific provision which made it clear to the Raja 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 Raja as laid down under Raja Dharma was to rule his Rajya 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.  

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.<ref name=":6" />

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.<ref name=":0" />  

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.<ref name=":0" />