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Line 146: − The territorial extent of a Rajya depended on the prowess and capability of each Raja. Therefore, multiple Rajas ruled over different parts of the Bharatiya sub-continent, each of whom was independent of the others, except in cases where one became a vassal of an emperor. However, as a society, entire Bharata constituted itself into one homogeneous unit. And the civil, criminal and procedural laws evolved by the society and recorded in the various Dharma Shastras and Smrtis were followed uniformly in the entire region irrespective of different political entities under different Rajas. Thus, by virtue of governance of the same laws on all matters including Raja Dharma, the entire population of Bharata constituted themselves into one nation. + − − − − As a result, though the Rajyas were very many and under different Rajas, the Raja Dharma (constitutional law) uniformly applied to all of them and regulated the constitution and organisation of all the Rajyas 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 Bharata consisted of several independent sovereign states but the people were governed by one legal, judicial and constitutional system which is codified in the form of Vyavahara Dharma and Raja Dharma that was meant for the implementation of doctrine of Trivarga.
Raja Dharma (राजधर्मः) (view source)
Revision as of 17:20, 13 November 2020
, 17:20, 13 November 2020Editing
{{ToBeEdited}}Raja Dharma (Samskrit: राजधर्मः) refers to the law that confers power on the Raja to maintain the rule of law and the directives for the exercise of power.<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>
{{ToBeEdited}}Raja Dharma (Samskrit: राजधर्मः) refers to the law that confers power on the Raja to maintain the rule of law and the directives for the exercise of power.<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>
== परिचयः ॥ Introduction ==
Since the ancient times, multiple Rajas ruled over different parts of the Bharatiya sub-continent. And the territorial extent of a Rajya depended on the prowess and capability of each Raja. Also, each of them was independent of the others, except in cases where one became a vassal of an emperor. However, as a society, the entire population of Bharata constituted itself into one homogeneous unit by virtue of governance of the same laws on all matters including Raja Dharma. The civil, criminal and procedural laws evolved by the society and recorded in the various Dharma Shastras and Smrtis were followed uniformly in the entire region irrespective of different political entities under different Rajas.
As a result, though the Rajyas were very many and under different Rajas, the Raja Dharma (constitutional law) uniformly applied to all of them and regulated the constitution and organisation of all the Rajyas 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 Bharata consisted of several independent sovereign states but the people were governed by one legal, judicial and constitutional system which is codified in the form of Vyavahara Dharma and Raja Dharma that was meant for the implementation of doctrine of Trivarga.
== राजधर्मोत्पत्तिः ॥ Origin of Raja Dharma ==
== राजधर्मोत्पत्तिः ॥ Origin of Raja Dharma ==
== धर्मप्राधान्यम् ॥ Supremacy of Dharma ==
== धर्मप्राधान्यम् ॥ Supremacy of Dharma ==
Such an importance given to the principle of Dharma also indicates another fundamental aspect accepted by the people as well as the rulers of the various Rajyas of Bharata; that, the Raja had no legislative powers. The sanction behind all the laws including Raja Dharma (collectively called Dharma) lay in its acceptance by the people. It was to this extent that the doctrine of separation of the law making and law enforcing powers had been brought about. And no Raja questioned the authority of Dharma over and above him. Thus, the entire political system in Bharata was based on Dharmic Supremacy.
Such an importance given to the principle of Dharma also indicates another fundamental aspect accepted by the people as well as the rulers of the various Rajyas of Bharata; that, the Raja had no legislative powers. The sanction behind all the laws including Raja Dharma (collectively called Dharma) lay in its acceptance by the people. It was to this extent that the doctrine of separation of the law making and law enforcing powers had been brought about. And no Raja questioned the authority of Dharma over and above him. Thus, the entire political system in Bharata was based on Dharmic Supremacy.
== THE SUPREMACY OF DHARMA ==
== THE SUPREMACY OF DHARMA ==