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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:

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>'''rnsrr&{k=L; {k=a ;)eZ%A rLek)ekZRija ukfLrA vFkks vcyh;ku cyh;kalek'kalrs ?kesZ.kA ;Fkk jkKk ,oeÃA'''</blockquote><blockquote>'''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.'''

 

</blockquote>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>'''loksZ n.Mftrks yksdks nqyZHkks fg 'kqfptZu%A n.ML; fg Hk;knHkhrks Hkksxk;So izorZrsAA'''

'''rnsrr&{k=L; {k=a ;)eZ%A rLek)ekZRija ukfLrA vFkks vcyh;ku cyh;kalek'kalrs ?kesZ.kA ;Fkk jkKk ,oeÃA'''

'''MANU VII-22'''</blockquote><blockquote>'''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 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.

</blockquote>The most ancient and perhaps the earliest definition of law given in the Upanishad brings forth the essential aspects of the word 'law' as defined in modem jurisprudence that the law is an imperative command which is enforced by some superior power or sovereign. The superior power which serves as an instrument of coercion for the enforcement of the law is called the' sanction' .According to Austin, the law consists of

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:-

 

'''loksZ n.Mftrks yksdks nqyZHkks fg 'kqfptZu%A n.ML; fg Hk;knHkhrks Hkksxk;So izorZrsAA'''

'''MANU VII-22'''

 

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 most ancient and perhaps the earliest definition of law given in the Upanishad brings forth the essential aspects of the word 'law' as defined in modem jurisprudence that the law is an imperative command which is enforced by some superior power or sovereign. The superior power which serves as an instrument of coercion for the enforcement of the law is called the' sanction' .According to Austin, the law consists of

the general command issued by the State to its subjects and enforced if necessary by the physical power of the State. Therefore, declaration of law by a political superior or sovereign (the King) and the availability of the power of the state machinery for the enforcement of that law are stated to be the essential requisites of an imperative law. The law as defined in the Upanishad also meant that it was enforceable against individuals with the aid of the physical power of the king as is made clear from the statement, 'The law aided by the power of the king enables the weak to prevail over the strong' .The power of the king constituted the instrument of coercion. This aspect is forcefully put by '''Manu VII-22 supra'''. However, one of the most distinguishing aspects as between the concept of the law as defined in the western jurisprudence and that as defined in '''Dharmasastras''' is, whereas the imperative command of the king constituted the law according to the former, under the concept of Dharma, the law was a command even to the king and was superior to the king. This meaning is brought out by the expression 'the law is the king of kings'. The doctrine 'the king can do no wrong' was never accepted in our ancient constitutional system. Another 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.

the general command issued by the State to its subjects and enforced if necessary by the physical power of the State. Therefore, declaration of law by a political superior or sovereign (the King) and the availability of the power of the state machinery for the enforcement of that law are stated to be the essential requisites of an imperative law. The law as defined in the Upanishad also meant that it was enforceable against individuals with the aid of the physical power of the king as is made clear from the statement, 'The law aided by the power of the king enables the weak to prevail over the strong' .The power of the king constituted the instrument of coercion. This aspect is forcefully put by '''Manu VII-22 supra'''. However, one of the most distinguishing aspects as between the concept of the law as defined in the western jurisprudence and that as defined in '''Dharmasastras''' is, whereas the imperative command of the king constituted the law according to the former, under the concept of Dharma, the law was a command even to the king and was superior to the king. This meaning is brought out by the expression 'the law is the king of kings'. The doctrine 'the king can do no wrong' was never accepted in our ancient constitutional system. Another 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.

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.

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.