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Nyaya (translates to law) was laid down as an instrument to govern a Rajya (राज्यम्, State), which was considered an essential for a society to follow [[Dharma|Dharma]]. Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down  powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Ch2"/> Raja (राजा, king) was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.

Nyaya (translates to law) was laid down as an instrument to govern a Rajya (राज्यम्, State), which was considered an essential for a society to follow [[Dharma|Dharma (धर्मः)]]. Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is <q>the positive civil and criminal law, as also the law regulating the constitution and organisation of State</q><ref name="LCHI-Rama_Jois-Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Chapter 2, Pages 9-12</ref> and Rajadharma is <q>the law laying down  powers, duties and responsibilities of a Raja</q>.<ref name="LCHI-Rama_Jois-Ch2"/> Raja (राजा, king) was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.

==Relation between Nyaya and Raja==

==Relation between Nyaya and Raja==

Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad]] (बृहदारण्यक उपनिषद्) defines Nyaya as follows.

Nyaya is superior to the Raja and entrusts Raja with the duty of protecting people. [[Brhadaranyaka Upanishad (बृहदारण्यकोपनिषद्)|Brhadaranyaka Upanishad (बृहदारण्यक उपनिषद्)]] defines Nyaya as follows.

<blockquote>

<blockquote>

<q>Law is the king of kings; Nothing is superior to law;<br/>

<q>Law is the king of kings; Nothing is superior to law;<br/>

Broadly, apart from such practices of people, there are two sources of Nyaya.

Broadly, apart from such practices of people, there are two sources of Nyaya.

# '''Vedas'''. Generally, the word Vedas refers to all of the four Vedas, the six Vedangas (वेदान्गाः) and the eighteen [[Upanishads (उपनिषदः)|Upanishads (उपनिषदः)]]. Dharma (Nyaya, in this context) is presented in Vedas through Vidhis (विधयः) and Nishedhas (निशेधाः). For instance, the following are from [[Taittriya Upanishad (तैत्तिरीय-उपनिषद्)|Taittriya Upanishad (तैत्तिरीय उपनिषद्)]].

# '''Vedas'''. Generally, the word Vedas refers to all of the four Vedas, the six [[Shad Vedangas (षड्वेदाङ्गानि)|Vedangas (वेदाङ्गानि)]] and the eighteen [[Upanishads (उपनिषदः)|Upanishads (उपनिषदः)]]. Dharma (Nyaya, in this context) is presented in Vedas through Vidhis (विधयः) and Nishedhas (निशेधाः). For instance, the following are from [[Taittriya Upanishad (तैत्तिरीय-उपनिषद्)|Taittriya Upanishad (तैत्तिरीय उपनिषद्)]].

## सत्यं वद ।<br/> Speak the truth.

## सत्यं वद ।<br/> Speak the truth.

## नाऽनृतं वद ।<br/> Never speak what is not truth.

## नाऽनृतं वद ।<br/> Never speak what is not truth.

#* Taking inspiration from Vidhis and Nishedhas mentioned in the Vedas, Dharmasutras contain laws in the form of Sutras (सूत्राः, aphorisms). These can be regarded as the first works on Nyaya.<ref name="LCHI-Rama_Jois-Ch4"/>

#* Taking inspiration from Vidhis and Nishedhas mentioned in the Vedas, Dharmasutras contain laws in the form of Sutras (सूत्राः, aphorisms). These can be regarded as the first works on Nyaya.<ref name="LCHI-Rama_Jois-Ch4"/>

#* Smrtis were written by Smrtikaras like Manu, Yajnavalkya and Parashara. These are a systematic and organised collection of laws from various sources, mainly the Vedas and Dharmasutras, and also from the common accepted customs of the society at the time of compilation. The Smrtis also describe the legal and judicial system.<ref name="LCHI-Rama_Jois-Ch4"/>

#* Smrtis were written by Smrtikaras like Manu, Yajnavalkya and Parashara. These are a systematic and organised collection of laws from various sources, mainly the Vedas and Dharmasutras, and also from the common accepted customs of the society at the time of compilation. The Smrtis also describe the legal and judicial system.<ref name="LCHI-Rama_Jois-Ch4"/>

#* The Smrtis, which have laws laid down in the form of verses, require skill and practice for correct interpretation and understanding. Only people versed with [[Mimamsa Darshana (मीमांसादर्शनम्)|Mimamsa (मीमांस)]] are capable of doing this. Various commentaries had been written at different points in time by interpreting and presenting the Smrtis considering the common acceptable practices prevalent at respective times. Such commentaries, which were simpler to understand and more relevant, were also adopted by many Rajyas.<ref name="LCHI-Rama_Jois-Ch4"/>

#* The Smrtis, which have laws laid down in the form of verses, require skill and practice for correct interpretation and understanding. Only people versed with [[Mimamsa Darshana (मीमांसादर्शनम्)|Mimamsa (मीमांसा)]] are capable of doing this. Various commentaries had been written at different points in time by interpreting and presenting the Smrtis considering the common acceptable practices prevalent at respective times. Such commentaries, which were simpler to understand and more relevant, were also adopted by many Rajyas.<ref name="LCHI-Rama_Jois-Ch4"/>

===Superiority of the sources===

===Superiority of the sources===

To avoid ambiguity in interpretation, the Smrtikaras had also laid down guidelines to be followed in case of a conflict from different sources. [[Vyasa Maharshi (व्यासमहर्षिः)|Vyasa (व्यासः)]] stated that the Vedas must always be considered as the primary and inviolable source.

To avoid ambiguity in interpretation, the Smrtikaras had also laid down guidelines to be followed in case of a conflict from different sources. [[Vyasa Maharshi (व्यासमहर्षिः)|Vyasa Maharshi (व्यासमहर्षिः)]] stated that the Vedas must always be considered as the primary and inviolable source.

<blockquote>

<blockquote>

<q>Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.</q><ref name="LCHI-Rama_Jois-Ch3"/>

<q>Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.</q><ref name="LCHI-Rama_Jois-Ch3"/>

</blockquote>

</blockquote>

Further, Yajnavalkya stated the following.

Superiority of the Vedas was unquestioned due to the fact that Nyaya presented in Dharmasutras and Smrtis derived inspiration from the Vedas although. Further, Yajnavalkya, giving importance to prevalent customs and practices, stated the following.

<blockquote>

<blockquote>

<q>Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.</q><ref name="LCHI-Rama_Jois-Ch3"/>

<q>Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.</q><ref name="LCHI-Rama_Jois-Ch3"/>

</blockquote>

</blockquote>

===Acceptance of common practices===

===Acceptance of common practices===

The Smrtikaras, aware of the dynamic nature of a society, allowed common practices, i.e.; customs of good intentioned people to pass as law. When both the parties of a dispute have certain customs in common, the Raja considers these customs before the judgement. However, when there is no such common practice, Vedas and Smrtis are taken as the authority.<ref name="LCHI-Rama_Jois-Ch3"/> To prevent misuse of this recognition given, the Smrtikaras declare that no person can choose to defy the Dharmasastras citing his/her own reasoning to be better.<ref name="LCHI-Rama_Jois-Ch3"/> Only when it becomes impossible to follow Dharmasastras in a situation because a socially acceptable custom which is in good conscience contradicts with Dharmasastras, overriding can be done. However, the custom must not be in disagreement with the Vedas.

The Smrtikaras, aware of the dynamic nature of a society, allowed common practices, i.e.; customs of good intentioned people to pass as law. When both the parties of a dispute have certain customs in common, the Raja considers these customs before the judgement. However, when there is no such common practice, Vedas and Smrtis are taken as the authority.<ref name="LCHI-Rama_Jois-Ch3"/> To prevent misuse of this recognition given, the Smrtikaras declare that no person can choose to defy the Dharmasastras citing his/her own reasoning to be better.<ref name="LCHI-Rama_Jois-Ch3"/> Only when it becomes impossible to follow Dharmasastras in a situation because a socially acceptable custom which is in good conscience contradicts with Dharmasastras, overriding can be done. However, '''the custom must not be in disagreement with the Vedas'''.

Raja was given power to decide based on his own conscience only in case no reference could be found in the Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Ch3"/> All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal).<ref name="LCHI-Rama_Jois-Ch3"/> These conventions must then be enforced at par with the Dharmasastras. In no situation was the Raja given power to legislate. He is only an enforcer of Nyaya.

Raja was given power to decide based on his own conscience only in case no reference could be found in the Vedas, Dharmasastras or in the customs of people.<ref name="LCHI-Rama_Jois-Ch3"/> All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal).<ref name="LCHI-Rama_Jois-Ch3"/> These conventions must then be enforced at par with the Dharmasastras. In no situation was the Raja given power to legislate. He is only an enforcer of Nyaya.

==References==

==References==

<references/>

<references/>

[[Category:Dharmas]]

[[Category:Dharmas]]