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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. |
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− | 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/>'' | + | 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/>'' |
| And defines Dharma as follows,<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,<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. |
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| == धर्मप्राधान्यम् ॥ Supremacy of Dharma == | | == धर्मप्राधान्यम् ॥ Supremacy of Dharma == |
− | == Importance of Dharma-abiding nature ==
| + | Dharma is universal. It is a code of conduct for all human beings for all time to come. It is eternal and unalterable just as you cannot alter the property of fire of burning and of water of flowing. And the belief in the supremacy of Dharma among people was the best guarantee for the proper functioning of Rajas. In other words, 'Dharmic Supremacy' generally prevailed. Historical records prove that Raja Dharma formed the fundamental law which regulated the Constitution and the organisation of every Rajya throughout the centuries. And every Raja was required to take oath at the time of coronation that he would rule according to 'Dharma'. Thus, Dharmarajya means the Rule of Law. |
− | The various references exemplifies that unless a Dharma-abiding nature is ingrained in the individuals who exercise power of the state, either as ministers or elected representatives or as bureaucrats, the whole social fabric will be torn into pieces. It is only the internal check in the form of Dharma, which can destroy immoral thoughts in the mind of the individuals who exercise state power and inspire them to serve the people, for which purpose they are elected or appointed.
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− | == DHARMA binding on the Rulers and the Ruled ==
| + | In this regard, the famous historian R.C. Majumdar in his book "Ancient India" observes that, <blockquote>''The duty of the king was clearly defined in the Shastras. It would have created as much a sensation in those days, if the king had failed in his duties as would follow the violation of people's rights in modern days.''</blockquote>Therefore, though the observance of Dharma by every individual is essential for harmonious living, it is also a condition in conformity with which the political power was required to be exercised and that holds good for all Nations and for all times to come.<ref name=":0" />Thus, following the principles of Dharma was considered essential both for the ruled and the ruler. In fact, the importance of the observance of Dharma, considered essential for the purpose of exercising political power, is also contained in the advice given by Rama to Bharata at Chitrakuta while sending him back, to rule Ayodhya. And that advice by Rama is of eternal value for it suggests that just as those who handle electric power wear a rubber hand glove for safety, those who exercise political power must wear the hand glove of Dharma. |
− | Following the principles of Dharma was considered essential both for the ruled and the ruler. The importance of the observance of Dharma, considered essential for the purpose of exercising political power, is contained in the advice given by Rama to Bharata at Chitrakuta while sending him back, to rule Ayodhya. And that advice by Rama is of eternal value for it suggests that just as those who handle electric power wear a rubber hand glove for safety, those who exercise political power must wear the hand glove of Dharma.
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− | C. Subramaniam in Bhavans Journal dated 15th April 1995 says,<blockquote>''Gandhiji's ideal of an ideal polity was Ramarajya. It stood for a society wherein a high, ethical standard of life is characterised by the pursuit of purusharthas -Dharma, Artha, Kama and Moksha. It is the prevalence of Dharma, which characterises an ideal society. Such a society is possible only if the governance of the country is based on clear, efficient and transparent administration. In the past, the king was not only a symbol, but was the ruler and administrator and the king had to observe the Dharma of the ruler, functioning in a selfless manner for the prosperity, harmony and happiness of his people. This is Gandhijis concept of Ramarajya. Today, we have responsible governments run by elected representatives.''</blockquote><blockquote>''If the rulers do not observe Dharma, it will become a Ravanarajya. We have to make a choice, between Ramarajya and Ravanarajya.''</blockquote>While the observance of Dharma by every individuals is essential for harmonious living, it is also a condition in conformity with which the political power was required to be exercised and that holds good for all Nations and for all times to come.<ref name=":0" /> | + | C. Subramaniam in Bhavans Journal dated 15th April 1995 says,<blockquote>''Gandhiji's ideal of an ideal polity was Ramarajya. It stood for a society wherein a high, ethical standard of life is characterised by the pursuit of purusharthas -Dharma, Artha, Kama and Moksha. It is the prevalence of Dharma, which characterises an ideal society. Such a society is possible only if the governance of the country is based on clear, efficient and transparent administration. In the past, the king was not only a symbol, but was the ruler and administrator and the king had to observe the Dharma of the ruler, functioning in a selfless manner for the prosperity, harmony and happiness of his people. This is Gandhijis concept of Ramarajya. Today, we have responsible governments run by elected representatives.''</blockquote><blockquote>''If the rulers do not observe Dharma, it will become a Ravanarajya. We have to make a choice, between Ramarajya and Ravanarajya.''</blockquote>The various references discussed prior also exemplify that unless a Dharma-abiding nature is ingrained in the individuals who exercise power of the state, either as ministers or elected representatives or as bureaucrats, the whole social fabric will be torn into pieces. It is only the internal check in the form of Dharma, which can destroy immoral thoughts in the mind of the individuals who exercise state power and inspire them to serve the people, for which purpose they are elected or appointed. |
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− | The belief in the supremacy of Dharma among the people was the best guarantee for the proper functioning of Rajas. In other words, 'Dharmic Supremacy' generally prevailed. Every Raja was required to take oath at the time of coronation that he would rule according to 'Dharma'. Thus, Dharmarajya means the Rule of Law.
| |
− | | |
− | In this regard, the famous historian R.C. Majumdar in his book "Ancient India" observes that,<blockquote>''The duty of the king was clearly defined in the Shastras. It would have created as much a sensation in those days, if the king had failed in his duties as would follow the violation of people's rights in modern days.''</blockquote>Historical records prove that Raja Dharma formed the fundamental law which regulated the Constitution and the organisation of every Rajya throughout the centuries.
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− | Dharma is universal. It is a code of conduct for all human beings for all time to come. It is eternal and unalterable just as you cannot alter the property of fire of burning and of water of flowing.
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| == References == | | == References == |
| <references /> | | <references /> |