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Now it has become clear 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 by the internal check in the form of Dharma, which can destroy sinful 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.
Now it has become clear 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 by the internal check in the form of Dharma, which can destroy sinful 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.
== THE SUPREMACY OF DHARMA ==
Having evolved the concept of enforceability of the law through the institution of kingship, ancient Indian jurists proceeded to define the law. 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. 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. After declaring how and why the Kshatra power (i.e.; the King) was created, the Brihadaranyakopanishat proceeds to state, finding that the mere creation of kingship was not enough, that the most excellent Dharma (law), a power superior to that of the king, was created to enable the king to protect the people, and gives the definition of law (Dharma) as follows:<blockquote>तदेतत्-क्षत्रस्य क्षत्रं यद्धर्मः | तस्माधर्मात्परं नास्ति | अथो अबलीयान् बलीयांसमाशंसते धर्मेण | यथा राज्ञा एवं ||</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 king enables the weak to prevail over the strong.
Commenting on the above provision, Dr. S. Radha krishnan observes that even kings are subordinate to Dharma, to the Rule of law.2 The utility and the necessity of the power of king to enforce the law is explained thus:-<blockquote>सर्वो दण्डजितो लोको दुर्लभो हि शुचिर्नरः । दण्डस्य हि भयात्सर्वं जगद्भोगाय कल्पते । । ७.२२ । ।</blockquote><blockquote>''sarvo daṇḍajito loko durlabho hi śucirnaraḥ । daṇḍasya hi bhayātsarvaṁ jagadbhogāya kalpate । । 7.22 । ।''</blockquote>Meaning:
There is hardly an individual in this world, who on his own, is pure in his conduct.
The king's (sovereign's) power to punish, keeps the people in righteous path. Fear of punishment (by the king) yields worldly happiness and enjoyment.
== References ==
== References ==
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