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1 The Universal Foundation of Life Dharma : The Universal Foundation of Life Justice Dr. M. Rama Jois Member of Parliament (Rajya Sabha), Former Chief Justice of Punjab and Haryana High Court, Former Governor of Jharkhand and Bihar ‘Dharma’ a two lettered Samskrit word in Devanagari, though the shortest, has very wide meaning covering every sphere of activity of human beings. Laying down a righteous code of conduct as distinct from religion [majahab] which means mode or method of worship of God by the believers in the existence of God though many English educated persons have misunderstood or misinterpreted it as religion. There is no word equivalent to Dharma in any other language of the World. Consequently, in all major English dictionaries ‘Dharma’ is included and its various shades of meaning are given. It is universal and constitutes the very foundation of the Universe. This is so declared in Mahanarayanopanishad [Section 79-7] thus:- kÉqÉÉãï ÌuɵÉxrÉ eÉaÉiÉÈ mÉëÌiÉ¸É | sÉÉåMåü kÉÍqÉï¸Ç mÉëeÉÉ EmÉxÉmÉïÎliÉ | kÉqÉåïhÉ mÉÉmÉqÉmÉlÉÑSÌiÉ | kÉqÉåï xÉuÉïÇ mÉëÌiÉ̸iÉqÉç | iÉxqÉÉiÉç kÉqÉïÇ mÉUqÉÇ uÉSÎliÉ || Dharma constitutes the foundation of all affairs in the World. People respect those who adhere to Dharma. Dharma insulates (people) against sinful thoughts. Everything in this world is founded on Dharma. Dharma therefore, is considered supreme. Dharma: The Universal Foundation of Life 2 3 The Universal Foundation of Life The role of Dharma is that it acts as an internal check, any system of polity and by all persons exercising State’s power. a preventive against sinful actions as it destroys the very The Mahabharata discourse on the principles of Rajadharma cause of such actions, namely sinful thoughts. discloses that in the very early periods of civilization in this Dharma has three broad divisions namely [i] Samanya country great importance was attached to Dharma and it was Dharma – General Code of Conduct as applicable to all, self-imposed by individuals. Consequently, everyone was [ii] Vyavahara Dharma – Substantive and Procedural Law acting according to Dharma and there was no necessity to any regulating civil and criminal matters and [iii] Raja Dharma – authority to compel obedience to the laws. The existence of Governing the administration of the State which is equivalent such an ideal ‘Stateless’ society is graphically described in the to the modern constitutional law. following verse:- Evolving ‘Dharma’ is the greatest contribution to lÉæuÉ UÉerÉÇ lÉ UÉeÉÉÅxÉÏ³É ShQûÉå lÉ cÉ SÉÎhQûMüÈ | humanity by our ancestors. kÉqÉåïhÉæuÉ mÉëeÉÉÈ xÉuÉÉï U¤ÉÎliÉxqÉ mÉUxmÉUqÉç || In this Key Note Address, I am confining myself to ‘Raja There was neither kingdom nor the king, neither Dharma’. punishment nor the guilty to be punished. People were acting according to Dharma and thereby Origin of State and its Purpose protecting one another. The origin of the State [Rajya] as well as the office of the king and the conferment of power on the king to maintain the The above verse gives a clear picture of an ideal stateless rule of law and secure welfare and happiness to the people society which appears to have been in existence in the hoary has been explained in the Shanti Parva of Mahabharata. At past. Such a society was the most ideal for the reason that the end of the epic war of Kurukshetra, Yudhishtira requested every individual scrupulously acted according to the rules of Bhishma, who was the master of Rajadharma, to reveal the right conduct by the force of his own culture and habit and law governing kings. The chapter on Raja Dharma in Shanti not out of any fear of being punished by a powerful superior Parva incorporates Bhishma’s authoritative exposition about authority like the State. Consequently, there was mutual the origin and purpose of the State, the rule of law, the co-operation and protection. The Society was free from the institution of kingship, and duties and the power of the kings. evils arising from selfishness and exploitation by individuals. Great stress is also laid on the personal character and qualities The sanction which enforced such implicit obedience to of Rulers in whom vast political power is vested; essential for Dharma was the faith of the people in it as also the fear of the proper and effective discharge of their functions. Raja incurring divine displeasure if Dharma was disobeyed. Dharma so clearly laid out is vast like an ocean and consists of However, the ideal society so beautifully described did invaluable and eternal principles worthy of emulation under not last long. While the faith in the efficacy and utility of Dharma: The Universal Foundation of Life 4 5 The Universal Foundation of Life Dharma, belief in God and the God fearing attitude of people Rajaniti Prakasha of Mitramisra and Dandaniti of Keshava continued to dominate the society, the actual state of affairs Pandita, Nitivakyamrita of Someshwara. The most important gradually deteriorated. A situation arose when some persons, work on polity is the Arthashastra of Kautilya who was the out of selfish worldly desires began to exploit and torment the Prime Minister of Mauryan Emperor Chandragupta whose weaker sections of society for their selfish ends. Tyranny of capital was Pataliputra, which is modern Patna. The system the strong over the weak started. The danger to peace and of government envisaged by all the works on Rajadharma was happiness was brought about by such individuals. It was called Rajya [the State] headed by a King. The provisions in the the period of “Matsyanyaya” [big fish devouring the small fish]. Dharmashastras, Smritis and other works on the topic This resulted in discovery of the institution of king and mentioned above covered varieties of subjects such as the establishment of his authority [king or the State]. constitution and organisation of Rajya, kingship, succession to kingship, education of young princes, appointment of council Rajadharma is the Paramount Dharma of ministers, the Chief Justice and other judges of the highest Simultaneously with the bringing into existence of Rajya court, administrative divisions, and power and duties of the and the institution of kingship the necessity arose to define its king. structure, the powers and duties of the king and the liability of In Chapter VII, Manu Smriti explains the importance of the people to contribute a part of their income by way of taxes, which should be placed at the hands of the king for purposes King or the Ruler and declares that the King is God in human form as it is he who gives full protection to the people against of the defence of the realm and for maintaining peace, safety and order in the society and also for undertaking various welfare external enemies and internal wrong doers and looks after their welfare. Various aspects of power of the State and how to wield measures for the benefit of the people. The necessity was it are all dealt with in this chapter. Further, the code of conduct met by making provisions regulating the constitution and organisation of the State, specifying the power and duties of to be followed by the Rulers has also been laid down which holds good for all times. The opening verse of Chapter-VII the king and all other incidental provisions and treating these provisions also as part of Dharma under the title reads:- “RAJADHARMA” [law governing kings]. In the Dharmashastras UÉeÉkÉqÉÉïlÉç mÉëuɤÉrÉÉÍqÉ rÉjÉÉuÉרÉÉå pÉuÉå³É×mÉÈ | and Smirits, Rajadharma is dwelt upon as a topic separate and xÉÇpÉuÉ¶É rÉjÉÉ iÉxrÉ ÍxÉή¶É mÉUqÉÉ rÉjÉÉ || independent from civil, criminal and procedural law. In view of the great importance of Rajadharma, several eminent writers I will now declare Rajadharma, the law to be observed by kings, wrote independent treatise on it under various titles such as how kingship was created, how a king should conduct himself Rajanitisara, Dandaniti, Nitisara etc., Important among them and how he can obtain the highest success. [Manu Smriti VII-I] are Mahabharata-Shanti Parva, Manu Smriti Ch. VII and IX, The Rajadharma laid down in Manu Smriti VII and IX and in Kamandaka Nitisara, Manasollasa of Someshwara, other Smritis and various works on Rajadharma referred to Yuktikalpataru of Bhoja, Rajaniti Ratnakara of Chandeshwara, earlier was the constitutional law in ancient India. Dharma: The Universal Foundation of Life 6 7 The Universal Foundation of Life The propounders of Dharmashastras declared that the king Duties of Kings [Rulers] [State] was absolutely necessary to maintain the society in a Rajadharma was the Constitutional Law of Bharat which state of peace, tranquility and happiness, which was essential regulated the power and duties of the King. Atrisamhita for the fulfillment of Artha and Kama. Rajadharma, which laid declared that there were five fundamental duties of the king. down the Dharma of the King, was paramount: SÒ¹xrÉ ShQûÈ xÉÑeÉlÉxrÉ mÉÔeÉÉ lrÉÉrÉålÉ MüÉåwÉxrÉ cÉ xÉuÉåï kÉqÉÉïÈ xÉÉåmÉkÉqÉÉïx§ÉrÉÉhÉÉÇ UÉ¥ÉÉå kÉqÉÉïÌSÌiÉ xÉÇmÉëuÉ×ήÈ| uÉåSÉcNûûhÉÉåÍqÉ | LuÉÇ kÉqÉÉïlÉç UÉeÉkÉqÉåïwÉÑ xÉuÉÉïlÉç AmɤÉmÉÉiÉÉåÅÍjÉïwÉÑ UÉ·íU¤ÉÉ mÉgcÉæuÉ rÉ¥ÉÉÈ xÉuÉÉïuÉxjÉÇ xÉÇmÉësÉÏlÉÉlÉç ÌlÉoÉÉåkÉ || MüÍjÉiÉÉ lÉ×mÉÉhÉÉqÉç || To punish the wicked, to honour (protect) the good, “All Dharmas are merged in Rajadharma, and it is to enrich the treasury by just methods, to be impartial therefore the supreme Dharma”. [Mahabharata, towards the litigants and to protect the kingdom - Shanti Parva 63, 24-25] these are the five yajnas (selfless duties) to be The paramount importance of kingship and the profound performed by a king. [Atri-28]. influence a king has on the state of society has been pithily The five fundamental duties laid down cover all the duties expressed in Mahabharata: and obligations of a state even under the modern set up. But MüÉsÉÉå uÉÉ MüÉUhÉÇ UÉ¥ÉÉå UÉeÉÉ uÉÉ MüÉsÉMüÉUhÉqÉç | what is of great importance is that they were described as “Five Yajnas” to be performed by a king, which means they CÌiÉ iÉå xÉÇzÉrÉÉå qÉÉpÉÔSìÉeÉÉ MüÉsÉxrÉ MüÉUhÉqÉç || were required to be discharged with absolute selflessness.

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