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→Rule of succession: Adding content with reference - to be edited
The propounders of Dharmasastra declared that the king (State) was absolutely necessary to maintain the society in a state of Dharmawhich was essential for the fulfillment of Artha and Kama. Rajadharma, which laid down the Dharma of the king, was paramount.<blockquote>सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छूणोमि । एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थं संप्रलीनान् निबोध ॥ (Maha Shan Parv Ch 63, 24-25)</blockquote><blockquote>''sarve dharmāḥ sopadharmāstrayāṇāṁ rājño dharmāditi vedācchūṇomi । evaṁ dharmān rājadharmeṣu sarvān sarvāvasthaṁ saṁpralīnān nibodha ॥''</blockquote>Meaning : All Dharmas are merged in Rajadharma, and it is therefore the Supreme Dharma.<ref name=":0" />
The propounders of Dharmasastra declared that the king (State) was absolutely necessary to maintain the society in a state of Dharmawhich was essential for the fulfillment of Artha and Kama. Rajadharma, which laid down the Dharma of the king, was paramount.<blockquote>सर्वे धर्माः सोपधर्मास्त्रयाणां राज्ञो धर्मादिति वेदाच्छूणोमि । एवं धर्मान् राजधर्मेषु सर्वान् सर्वावस्थं संप्रलीनान् निबोध ॥ (Maha Shan Parv Ch 63, 24-25)</blockquote><blockquote>''sarve dharmāḥ sopadharmāstrayāṇāṁ rājño dharmāditi vedācchūṇomi । evaṁ dharmān rājadharmeṣu sarvān sarvāvasthaṁ saṁpralīnān nibodha ॥''</blockquote>Meaning : All Dharmas are merged in Rajadharma, and it is therefore the Supreme Dharma.<ref name=":0" />
== Raja, THE MAKER OF THE AGE ==
The paramount importance of kingship and the profound influence a Raja has on the state of society has been pithily expressed in the Mahabharata.<blockquote>कालो वा कारणं राज्ञो राजा वा कालकारणम्। इति ते संशयो माभूद्राजा कालस्य कारणम्।।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-069 Adhyaya 69].</ref></blockquote><blockquote>''kālo vā kāraṇaṁ rājño rājā vā kālakāraṇam। iti te saṁśayo mābhūdrājā kālasya kāraṇam।।''</blockquote>Meaning: Whether, it is the king who is the maker of the age or the age that makes the king is a question about which there is no room for doubt. The king is undoubtedly the maker of the age.
The above affirmation is an eternal truth. The ruler, under whatever system of polity, is largely responsible for the state of the nation or society and whether people in general are virtuous or not largely depends upon the character and conduct of the ruler and his capacity to enforce Dharma, i.e., the rule of law. It is for this reason that Rajadharma was considered supreme as the protector of the people since Dharma was entirely dependent upon the effective implementation of Rajadharma.
The opening verse in Manu Smriti of the chapter of Raj a Dharma reads thus:-<blockquote>राजधर्मान्प्रवक्ष्यामि यथावृत्तो भवेन्नृपः । संभवश्च यथा तस्य सिद्धिश्च परमा यथा । । ७.१ । ।<ref>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%B8%E0%A4%AA%E0%A5%8D%E0%A4%A4%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 7].</ref></blockquote><blockquote>''rājadharmānpravakṣyāmi yathāvr̥tto bhavennr̥paḥ । saṁbhavaśca yathā tasya siddhiśca paramā yathā । । 7.1 । ।''</blockquote>Meaning: I will now declare Rajadharma, the law to be observed by kings, how kingship was created, how a king should conduct himself and how he can obtain the highest success.
The Rajadharma laid down in Manu VII and IX and in other Smritis and various works on Rajadharma referred to earlier was the constitutional law in ancient India.
Politically the whole of India never came under the rule of anyone emperor or king. The territorial extent of a kingdom depended on the prowess and capability of each king. Therefore, innumerable kings ruled over different parts of the sub-continent, each of whom was independent of the others, except in cases where one became a vassal of an emperor.
Politically the whole of India never came under the rule of anyone emperor or king. The territorial extent of a kingdom depended on the prowess and capability of each king. Therefore, innumerable kings ruled over different parts of the sub-continent, each of whom was independent of the others, except in cases where one became a vassal of an emperor.
However, the importance given to the principle of Dharma, indicates another fundamental aspect accepted by the people as well as the rulers of the various kingdoms of India. According to this principle of dharma, the Raja had no legislative powers. To this extent the doctrine of separation of the law making and law enforcing powers had been brought about. Political power of any state in the whole of India was subordinated to the power of the entire people as a whole. The sanction behind all the laws including Rajadharma (collectively called Dharma) lay in its acceptance by the people. Dharma held sway for thousands of years and no king questioned its authority over and above him. Thus, the entire political system in this country was based on Dharmic Supremacy.
As a result, though the States were very many and under different kings, the Rajadharma ( constitutional law) uniformly applied to all of them and regulated the constitution and organisation of all the kingdoms as also the civil and criminal laws, including procedural law, subject to local variations on the basis of approved usage and custom, which were recognised as one of the sources of law.
The position therefore was that India consisted of several independent sovereign states but one people governed by one legal, judicial and constitutional system -the Vyavahara Dharma and Raja Dharma, meant for the implementation of doctrine of TRIVARGA.
== Rule of succession ==
The implicit faith of the Rajas in Raja Dharma (Constitutional Law of ancient Bharath) has been the basis of the smooth functioning of the State as also peaceful transfer of power from a king/emperor to his successor since ancient times.
The rule of succession prescribed as part of 'Raja Dharma' was Primogeniture. According to this, eldest son of a king alone was entitled to royal succession. This rule which has been in existence from the most ancient times has been incorporated in Sukraniti-I 684-688:-<blockquote>राजकुले तु बहवः पुरुषा यदि सन्ति हि | तेषु ज्येष्ठो भवेद्राजा शेषास्तत्कार्यसाधकाः ||</blockquote><blockquote>''rājakule tu bahavaḥ puruṣā yadi santi hi | teṣu jyeṣṭho bhavedrājā śeṣāstatkāryasādhakāḥ ||''</blockquote>Meaning: If a Raja has many sons male children (to a Raja), the eldest among them is to be the Raja (in succession); the others are to assist him.<blockquote>ज्येष्ठोऽपि बधिरः कुष्ठी मूकोऽन्धः षण्ड एव यः | स राज्यार्हो भवेन्नेव भ्राता तत्पुत्र एव हि ||</blockquote><blockquote>''jyeṣṭho'pi badhiraḥ kuṣṭhī mūko'ndhaḥ ṣaṇḍa eva yaḥ | sa rājyārho bhavenneva bhrātā tatputra eva hi ||''</blockquote>Meaning: If the eldest prince is deaf, dumb, blind, leprous or a eunuch, he is unfit to rule and, in such a case, the king's brother or grandson (the son of the eldest son) should succeed to the throne.
Arthasastra of Kautilya which codified Raja Dharma around 300 BC, declared that except in exceptional cases of calamity, sovereignty falls on the eldest son, Whereas according to the law governing interstate succession to the property of an individual, the sons of the deceased persons were entitled to equal share in the property of the father, Sukraniti indicated the reason for the difference between the succession to the property of the father and kingship and said that in the case of the former as it was the property of the father, the sons became entitled to it in equal shares but the kingdom was not the property of the king. He was only a person entrusted with the power of ruling the State and there should be only one ruler and therefore the Rule of Primogeniture was evolved.
It is true that there was no constitutional court wherein usurpation of the power by anyone not entitled to succeed to kingship could be challenged. But in view of the implicit faith in and allegiance to Raja Dharma, the rule of primogeniture was being obeyed by all concerned and as a result there used to be smooth transfer of power. This Dharma abiding instinct in the rulers and the people was more powerful and effective than the power of the courts. This was the basis on which Bharata refused to be crowned even though he was requested by all to do so.
According to the story of the Ramayana, Sri Rama being the eldest son of Dasharatha was to be crowned as the king of Ayodhya in accordance with the Rule of Primogeniture incorporated in Raja Dharma. However, it so happened that on account of the demand made by Kaikeyi, the mother of Bharata, in terms of the promise to grant her whatever she asked for by the king Dasharata and the latter being firmly committed to keep up his words, had no other alternative but to cancel the coronation ceremony of Sri Rama and to ask him to go away to the forest for fourteen years and also to crown Bharata as the king of Ayodhya. Bharata had the golden opportunity of securing political power and becoming the king of Ayodhya by superseding the claim of Rama, once and for all, if allurement of power prevailed in his mind over Raja Dharma -constitutional convention. The general impression is that it was the intense love of Bharata towards his elder brother Sri Rama, which prevented Bharata from ascending the throne. It may be partly true, but the real reason for Bharata to refuse to ascend the throne was the Rule of Primogeniture laid down as part of Raja Dharma and his firm commitment not to transgress Raja Dharma. This is discernible from the firm stand taken by him when he was requested to become the king of Ayodhya.
After the return of Bharatha from Mithila, the Council of Ministers appraised Bharatha of the unfortunate events which had already taken place during his absence, which had led to the cancellation of the coronation of Rama and his exile to the forest and the death of Dasharatha and the proposal to crown Bharata as the King of Ayodhya. Bharata unaffected by the lure of office of kingship stated thus:<blockquote>ज्येष्ठस्य राजता नित्यम् उचिता हि कुलस्य नः । न एवम् भवन्तः माम् वक्तुम् अर्हन्ति कुशला जनाः ॥२-७९-७॥</blockquote><blockquote>रामः पूर्वो हि नो भ्राता भविष्यति मही पतिः । अहम् तु अरण्ये वत्स्यामि वर्षाणि नव पन्च च ॥२-७९-८॥<ref>Ramayana, Ayodhya Kanda, [https://sa.wikisource.org/wiki/%E0%A4%B0%E0%A4%BE%E0%A4%AE%E0%A4%BE%E0%A4%AF%E0%A4%A3%E0%A4%AE%E0%A5%8D/%E0%A4%85%E0%A4%AF%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%95%E0%A4%BE%E0%A4%A3%E0%A5%8D%E0%A4%A1%E0%A4%AE%E0%A5%8D/%E0%A4%B8%E0%A4%B0%E0%A5%8D%E0%A4%97%E0%A4%83_%E0%A5%AD%E0%A5%AF Sarga 79].</ref></blockquote><blockquote>''jyeṣṭhasya rājatā nityam ucitā hi kulasya naḥ । na evam bhavantaḥ mām vaktum arhanti kuśalā janāḥ ॥2-79-7॥''</blockquote><blockquote>''rāmaḥ pūrvo hi no bhrātā bhaviṣyati mahī patiḥ । aham tu araṇye vatsyāmi varṣāṇi nava panca ca ॥2-79-8॥''</blockquote>Meaning: The convention that the eldest son of the king alone should succeed to the throne has been firmly established and has been regarded as a commendable rule of succession. Therefore, you, being well versed in the convention ought not to request me to ascend the throne. Sri Rama being the eldest son of the king, he alone shall be the ruler. I would rather reside in the forest for fourteen years (instead of Sri Rama).
Having firmly stated as above to the council of ministers, Bharata proceeded to Chitrakoot where Sri. Raffia was staying. Here again Sri Raffia, the eldest son and the rightful heir exhorted Bharata agree to be crowned and become the king respecting the words of 'mother Kaikeyi and father Dasharatha. Bharatha's faith in and allegiance to the constitution were in very firm and he was of the view that it could not be changed or amended ~ the king or the queen. Bharata replied thus:-<blockquote>रामस्य वचनं श्रुत्वा भरत: प्रत्युवाच ह । किं मे धर्माद्विहीनस्य राजधर्म: करिष्यति ।। २.१०१.१ ।।</blockquote><blockquote>शाश्वतो ऽयं सदा धर्म्म: स्थितो ऽस्मासु नरर्षभ । ज्येष्ठपुत्रे स्थिते राजन्न कनीयान् नृपो भवेत् ।। २.१०१.२ ।।</blockquote><blockquote>स समृद्धां मया सार्द्धमयोध्यां गच्छ राघव । अभिषेचय चात्मानं कुलस्यास्य भवाय न: ।। २.१०१.३ ।।<ref>Ramayana, Ayodhya Kanda, [https://sa.wikisource.org/wiki/%E0%A4%B0%E0%A4%BE%E0%A4%AE%E0%A4%BE%E0%A4%AF%E0%A4%A3%E0%A4%AE%E0%A5%8D/%E0%A4%85%E0%A4%AF%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%95%E0%A4%BE%E0%A4%A3%E0%A5%8D%E0%A4%A1%E0%A4%AE%E0%A5%8D/%E0%A4%B8%E0%A4%B0%E0%A5%8D%E0%A4%97%E0%A4%83_%E0%A5%A7%E0%A5%A6%E0%A5%A7 Sarga 101].</ref></blockquote><blockquote>''rāmasya vacanaṁ śrutvā bharata: pratyuvāca ha । kiṁ me dharmādvihīnasya rājadharma: kariṣyati ।। 2.101.1 ।।''</blockquote><blockquote>''śāśvato 'yaṁ sadā dharmma: sthito 'smāsu nararṣabha । jyeṣṭhaputre sthite rājanna kanīyān nr̥po bhavet ।। 2.101.2 ।।''</blockquote><blockquote>''sa samr̥ddhāṁ mayā sārddhamayodhyāṁ gaccha rāghava । abhiṣecaya cātmānaṁ kulasyāsya bhavāya na: ।। 2.101.3 ।।''</blockquote>Meaning: How can the rule prescribed for succession he violated? I am out side the range of that code. I have no right to occupy the throne being the younger son of the king Emperor. The rule is that the eldest son alone can succeed to the throne. Oh. Jewel among Men, so long as the eldest son is alive, I can never be the king. Therefore return with me to Ayodhya.
Despite the advice of the council of ministers, the desire of mother Kaikeyi granted by king Dasharatha and, more than all the exhortation by Sri. Raffia himself, who was the constitutional successor to the throne, Bharata would not budge, as none of these could alter Raja Dharma.
This firm commitment to Raja Dharma and the refusal to secure or accept power by Bharata is all the more relevant now and serves as an example even to present day rulers to remain true to their Dharma.
==Introduction==
==Introduction==
<blockquote>"'''''Dharma is that which upholds, nourishes or supports the stability of the society, maintains the social order and secures the general well-being and progress of man-kind'''''</blockquote><blockquote>(Supreme court of India)"</blockquote>The '''smritis''' laid down a code of conduct which should be scrupulously observed by the kings and applied to every kind of political ruler and officers exercising governmental powers. Its directives were invariably followed both in letter and spirit by the royal families.
<blockquote>"'''''Dharma is that which upholds, nourishes or supports the stability of the society, maintains the social order and secures the general well-being and progress of man-kind'''''</blockquote><blockquote>(Supreme court of India)"</blockquote>The '''smritis''' laid down a code of conduct which should be scrupulously observed by the kings and applied to every kind of political ruler and officers exercising governmental powers. Its directives were invariably followed both in letter and spirit by the royal families.