Nyaya (न्यायः)

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 (धर्मः). Dharma, which has different understanding in different contexts, means Nyaya in a legal context. Nyaya constitutes Vyavaharadharma (व्यवहारधर्मः) and Rajadharma (राजधर्मः). Vyavaharadharma is the positive civil and criminal law, as also the law regulating the constitution and organisation of State and Rajadharma is the law laying down powers, duties and responsibilities of a Raja. 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

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

Law is the king of kings; Nothing is superior to law;
The law aided by the power of the king enables the weak to prevail over strong.

Two notable aspects of Nyaya as defined in Brhadaranyaka Upanishad are that it is considered superior even to the Raja (unlike in western jurisprudence where law is declared by a political superior), and that Nyaya and the Raja mutually strengthen each other. A Raja who is obedient to Rajadharma and an able enforcer of Vyavaharadharma in the Rajya will remain powerful. Nyaya limits the Raja himself, who is the enforcer of Nyaya but never its source.

Sources of Nyaya

Nyaya was laid down in the Dharmasastras (धर्मशास्त्राः) written by Rshis (ऋषयः). The Vedas (वेदाः) and Smrtis (स्मृतयः) are the primary sources of Nyaya. However, the Rshis were aware that Nyaya once declared cannot remain as it is for ages, without additions or modifications. The following words by Manu and Yajnavalkya (याज्ञवल्क्यः) respectively, reflect this thought. Note that the word Dharma means Nyaya in these descriptions.

Veda is the first source of Dharma. The expression by Seers (Smritikaras), handed down from generation to generation by memory, the virtuous conduct of those who are well versed in the Vedas, and lastly, what is agreeable to good conscience, are the other sources.

The Vedas, the Smritis, good conduct or approved usage, what is agreeable to conscience proceeding from good intention, are the sources of law.

The Smrtikaras (स्मृतिकाराः) have thoughtfully recognised practices of people who are pure and care for the society as a source of Nyaya to make Nyaya relevant at all times.

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

1. Vedas. Generally, the word Vedas refers to all of the four Vedas, the six Vedangas (वेदाङ्गानि) and the eighteen 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).
   1. सत्यं वद ।
      Speak the truth.
   2. नाऽनृतं वद ।
      Never speak what is not truth.
   3. न हिंसयेत् ।
      Never hurt.
   4. धर्मं चर ।
      Follow Dharma.
   5. मातृदेवो भव । पितृदेवो भव ।
      Treat mother and father as god.
   6. यान्यनविघानि कर्माणि तानि सेवितव्यानि नो इतराणि ।
      Do only the acts which are not forbidden, not any other.

   Every law described in the Dharmasastras has its origin in the Vidhis and Nishedhas mentioned in the Vedas, of which, the above are only a few. For example, the law that dictates a son to assist his parents has its roots in the fifth Vidhi. In this sense, the Vedas are the source even for Dharmasastras.

2. Dharmasastras. Dharmasutras (धर्मसूत्राः), Smrtis and other commentaries are collectively called as Dharmasastras.
   • 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.
   • 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.
   • 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 (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.

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) stated that the Vedas must always be considered as the primary and inviolable source.

Whenever there is a conflict between Shruti (Vedas), Smritis and Puranas, then what is stated in the Shruti should be taken as authority.

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.

Whenever two Smritis conflict, principles of equity as determined by popular usages shall prevail.

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. 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. 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 Vedas, Dharmasastras or in the customs of people. All conventions which have been formed with the consent of people must be recorded in writing under the Rajamudra (राजमुद्रः, royal seal). 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.