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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 (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-Pt1Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Part 1, 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-Pt1Ch2" /> 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-Pt1Ch2">Justice M. Rama Jois, ''Legal and Constitutional History of India'' (2016), Part 1, 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-Pt1Ch2" /> Raja (राजा, king) was entrusted with power by Rajadharma to enforce obedience of the people to Vyavaharadharma in the Rajya.
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.<ref name=":0">Justice M.Rama Jois, [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma The Global Ethic].</ref>
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.<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>
==Relation between Nyaya and Raja==
==Relation between Nyaya and Raja==
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.<ref name=":0" /> 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.
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.<ref name=":0" /> 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.
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-Pt1Ch3" /> 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-Pt1Ch3" /> 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-Pt1Ch3" /> 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-Pt1Ch3" /> 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.
==धार्मिकराज्यम् || A State of Dharma<ref name=":0" />==
It is an orderly society that is capable of protecting the rights of individuals and such an orderly society would be in existence only if everyone acts according to Dharma. Hence, the necessity of scrupulous practice of Dharma is forcefully expressed by Manu as, <blockquote>धर्म एव हतो हन्ति धर्मो रक्षति रक्षितः । तस्माद्धर्मो न हन्तव्यो मा नो धर्मो हतोऽवधीत् || ८.१५ ||<ref name=":1">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%85%E0%A4%B7%E0%A5%8D%E0%A4%9F%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Chapter 8].</ref></blockquote><blockquote>''dharma eva hato hanti dharmo rakṣati rakṣitaḥ । tasmāddharmo na hantavyo mā no dharmo hato'vadhīt || 8.15 ||''</blockquote>Meaning : Dharma protects those who protect it. Those who destroy Dharma get destroyed. Therefore, Dharma should not be destroyed so that we may not be destroyed as a consequence thereof.
It is needless to state that it is only when a substantial number of citizens of a nation are by and large of "Dharma / law abiding Nature" that the Rule of law can be maintained.
That is why, the aspect of Dharmacharana is sought to be impressed on every student. It is said in the Shikshavalli (Chapter 2, lesson 8) of the Taittiriya Upanishad that, <blockquote>युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठ ॥ तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ॥</blockquote><blockquote>''yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭha ॥ tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ॥''</blockquote>Meaning : Happiness is this, youth should be of good character, learned, resolute and strong (morally and physically). Then only the earth will be full of prosperity and wealth. This is the measure of human happiness.
This lesson that the real happiness and prosperity of any nation is directly proportional to the number of men of character it has produced, through proper education and environment is highly enlightening. Thus, a 'State of Dharma' is required to be always maintained for peaceful co-existence, happiness and prosperity.
== Dharma of Judiciary ==
Having laid down that administration of justice was one of the fundamental duties of the State, guidelines were laid down to ensure rendering of justice impartially. Important of them are :-
=== General Code of Conduct :- ===
धर्मशास्त्रानुसारेण क्रोधलोभविवर्जितः । । २.१ । ।<ref>Yajnavalkya Smrti, Vyavaharadhyaya, [https://sa.wikisource.org/wiki/%E0%A4%AF%E0%A4%BE%E0%A4%9C%E0%A5%8D%E0%A4%9E%E0%A4%B5%E0%A4%B2%E0%A5%8D%E0%A4%95%E0%A5%8D%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%BE%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83/%E0%A4%B8%E0%A4%BE%E0%A4%A7%E0%A4%BE%E0%A4%B0%E0%A4%A3%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%AE%E0%A4%BE%E0%A4%A4%E0%A5%83%E0%A4%95%E0%A4%BE%E0%A4%AA%E0%A5%8D%E0%A4%B0%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D Sadharana Vyavahara Matrka Prakarana]</ref>
Meaning: (i) Cases should be decided according to law [Dharma sastra] without being influenced by anger or greed. [Yajnavalkya II-1]
=== Five causes which give rise to the charge of partiality:- ===
पक्षपाताधिरोपस्य कारणानि च पञ्च वै । रागलोभभयद्वेषा वादिनोश्च रहश्श्रुतिः ॥
Meaning: There are five causes which give rise to the charge of partiality [against the judge]. They are: [i] Raga [affection in favour of a party] [ii] Lobha [greed], [iti] Bhaya [fear], [iv] Dvesha [ill-will against a party]; and [v] Vadinoscha Rahashrutihi [ the judge meeting and hearing a party to a case secretly]. [Sukraniti IV-5-14-15].
It is interesting to note that these verses of Shukra Niti composed several centuries ago, indicate the appropriate code of conduct for judges and that these very words are incorporated in the oath to be taken by the Judges of the High Courts and the Supreme Court, under Schedule-II to the Constitution.
=== Guilty must be punished whoever he may be : ===
पिताचार्यः सुहृन्माता भार्या पुत्रः पुरोहितः । नादण्ड्यो नाम राज्ञोऽस्ति यः स्वधर्मे न तिष्ठति । । ८.३३५ । ।<ref name=":1" />
Meaning: “The ruler should not leave an offender unpunished, whatever may be his relationship with him; whether the guilty is father, or a teacher, or a friend, or mother, or wife, or a son, or a domestic priest. If the guilty are not punished there will be no rule of law.” [Manu VIH-335]
The principle laid down in the above verses are of eternal value. Even under the present democratic Government, the foremost duty of the State is to control crimes and punish the guilty. The State should not fail to discharge its duty in controlling crimes and punishing the guilty. The sovereign power of the State in so far it relates to the controlling of crimes are concerned, it is vested primarily on the Police and also on the Courts of Criminal jurisdiction. Therefore, under the present set up of the Government, the people look to the Police and the Courts for protection against offenders.
The verse cited above emphasises that irrespective of the relationship of the offender with the person in power, he should be punished.<ref>M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>
==References==
==References==
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[[Category:Dharmas]]
[[Category:Dharmas]]