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These most ancient provisions, show how, in this land, where the Vedas were regarded as Supreme, the disbelievers in the vedas were to be respected and protected.<ref name=":0">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

These most ancient provisions, show how, in this land, where the Vedas were regarded as Supreme, the disbelievers in the vedas were to be respected and protected.<ref name=":0">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

== THE ORIGIN OF RAJA DHARMA AND ITS PURPOSE ==

== राजधर्मोत्पत्तिः ॥ Origin of Raja Dharma AND ITS PURPOSE ==

The origin of the State (Rajya) as well as the office of the king and the evolving of Raja Dharma -the law conferring power on the king to maintain the rule of law and the directives for the exercise of power -has been explained in Shantiparva of the Mahabharata. After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhistira the eldest of the Pandava brothers requested Bhishma, who was the master of Rajadharma to expound the same to him and he did so. The Shanthiparva of Mahabharata incorporates Bhishma's authoritative exposition of the origin and purpose of the state, the rule of law, the institution of kingship and the duties and the powers of the king. Great stress is laid on the personal character and qualities which a king in whom vast political power is vested must possess for the proper and effective discharge of his functions. Rajadharma, so clearly laid out is vast like an ocean, consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power. The Mahabharata discourse on the topic of Rajadharma discloses that in the very early periods of civilization in this country great importance was attached to Dharma and it was self-imposed by individuals. Consequently, everyone was acting according to Dharma and there was no necessity of any authority to compel obedience to the laws. The existence of such an ideal ' Stateless society' is graphically described in the following verses:<blockquote>नैव राज्यं न राजाऽऽसीन्न दण्डो न च दाण्डिकः । धर्मेनैव प्रजाः सर्वा रक्षन्ति स्म परस्परम् ॥</blockquote><blockquote>''naiva rājyaṁ na rājā<nowiki>''</nowiki>sīnna daṇḍo na ca dāṇḍikaḥ । dharmenaiva prajāḥ sarvā rakṣanti sma parasparam ॥''</blockquote>Meaning : There was neither kingdom nor the king, neither punishment nor the guilty to be punished. People were acting according to Dharma and thereby protecting one another.

Raja Dharma refers to the law that confers power on the Raja to maintain the rule of law and the directives for the exercise of power. The origin of the concepts of Rajya, Rajya Sabha as well as the evolving Raja Dharma has been explained in Shantiparva of the Mahabharata.

The above verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the hoary past. Such a society was the most ideal one for the reason that every individual scrupulously acted according to the rules of right conduct by the force of his own culture and habit and not out of any fear of being punished by a powerful superior authority like the state. Consequently, there was mutual cooperation and protection. The society was free from the evils arising from selfishness and exploitation by individuals. The sanction which enforced such implicit obedience to Dharma was the faith of the people in it as also the fear of incurring divine displeasure if Dharma was disobeyed.

After the devastating war of Kurukshetra between the Pandavas and the Kauravas in which the former came out victorious, Yudhishthira, the eldest of the Pandava brothers requested Bhishma, who was adept in Rajadharma to expound the same to him. The Shantiparva of the Mahabharata incorporates Bhishma's authoritative exposition on the origin and purpose of the state, the rule of law, the institution of kingship and the duties and powers of the Raja. Great stress is laid on the personal character and qualities which a Raja in whom vast political power is vested must possess for the proper and effective discharge of his functions. Raja Dharma, so clearly laid out, is vast like an ocean. It consists of invaluable and eternal principles worthy of emulation under any system of polity and by all persons exercising political power.

 

 

This verse gives a clear picture of an ideal stateless society, which appears to have been in existence in the distant past. Such a society was the most ideal one for the reason that every individual scrupulously acted according to the rules of right conduct by the force of his own culture and habit and not out of any fear of being punished by a powerful superior authority like the state. Consequently, there was mutual cooperation and protection. The society was free from the evils arising from selfishness and exploitation by individuals. The sanction which enforced such implicit obedience to Dharma was the faith of the people in it as also the fear of incurring divine displeasure if Dharma was disobeyed.

However, the ideal society so beautifully described did not last long. While, the faith in: the efficacy and utility of Dharma, belief in God and the God fearing attitude of people continued to dominate society, the actual state of affairs gradually deteriorated. A situation arose when some persons, out of selfish worldly desires, began to flout Dharma, and became immune to the fear of divine displeasure. They were infatuated with pleasure and prompted by their own muscle power, began to exploit and torment the weaker sections of society for their selfish ends. The tyranny of the strong over the weak reigned unabated. The danger to peaceful co-existence and consequent uncertainty and anxiety about the safety of life and property of individuals, was brought about by such individuals. It was as though the rule of 'Matsyanyaya' (big fish devouring small fish) governed society. This situation forced the law abiding people to search for a remedy. This resulted in the creation of the institution of kingship and the establishment of his authority (kingship or the state) and formulation of Raja Dharma which corresponds to modern constitutional law which specifies and limits the exercise of power of the different limbs and departments of the state.

However, the ideal society so beautifully described did not last long. While, the faith in: the efficacy and utility of Dharma, belief in God and the God fearing attitude of people continued to dominate society, the actual state of affairs gradually deteriorated. A situation arose when some persons, out of selfish worldly desires, began to flout Dharma, and became immune to the fear of divine displeasure. They were infatuated with pleasure and prompted by their own muscle power, began to exploit and torment the weaker sections of society for their selfish ends. The tyranny of the strong over the weak reigned unabated. The danger to peaceful co-existence and consequent uncertainty and anxiety about the safety of life and property of individuals, was brought about by such individuals. It was as though the rule of 'Matsyanyaya' (big fish devouring small fish) governed society. This situation forced the law abiding people to search for a remedy. This resulted in the creation of the institution of kingship and the establishment of his authority (kingship or the state) and formulation of Raja Dharma which corresponds to modern constitutional law which specifies and limits the exercise of power of the different limbs and departments of the state.