Chapter-3

RAJADH.ARMA AND DANDANITI IN

ANCIENT INDIAN TEXTS

The term "Rajadharm.a,":

The comprehensive functional and structural view of the

ancient Indian society is closely related to the term dharma. This

society was intimately related to dharma in different ways and

mea.n.ings with daily life of the individual human beings. Even

different scholars have interpreted its mean.ing in various ways i.e.

order, law, virtue, morality, duty, rel.i.gi.on,. etc.

Though there is almost una.nirnity among the ancient scholars

in defining dharma, as ''that supreme, all-comprehensive law

represented the Divine Will and purpose, the true way of life", 1 the

present day scholars have different interpretations. According to

Romila Thapar - "Dharma: the word defies translation into English,

but in this context can perhaps be best. described as the natural law.

The natural law of society was the maintajning of social order, in fact

the caste lawS. "2 Famous historian A.L. Basham has taken various

Kautilya's Arthashastra, Adhikaran 15.365; Mahabha.rata

Shan.tiparva, 80.10; Shukran.iti, I, 188; also cited in Beni Prasad,
Theory of government in ancient India, .Central Book Depot,
Allahabad, 1968, p.346.
2
Romila Thapa.r, A history of India, Volume one, Penguin Books,
Delhi, 1966, p.46.

54
meanings of 'dharma' according to the then sectarian faiths -

"dharma in Ashokan inscription - ritheousness doctrine and a

momentary con.fl..guration of events in Buddhism; sacred law in

Hinduism; and in Jain:ism differences of class and stage of life. "3

Another scholar of ancient Indian history has interpreted the term

dharma as a doctrine encompassing "social order, traditional values,

religion or righteousness". 4 However, historian K.P. Jayaswal

restricts the meaning of dharma as "law". 6 But Rangaswamy

Aiyangar seems to be more elaborate when he explains that ''the term

dharma may connote diff~rent things like proper law, virtue, religion,
I

duty, justice or quality. "6

Notwithstanding the uncertainty prevailing among the

historians in regard to the meaning of dharma, it is clear that in its

Wider sense dharma embodied "a set of principles" for the general

conduct relating to both the ruler and the ruled. These rules of

conduct had a vital bearing on the progress of the society. And in

course of time it transcended the diverse restrictive definitions like

3
A.L. Basham, The Wonder That Was India, Rupa & Co., Delhi, 1990,
p.551.
4
D.N. Jha, Ancient India: an introductory outline, People's Publishing
House, Delhi, 1977, pp.24, 58, 67, 107.
6
K.P. JqyaswaJ., Hindu Policy, Banglore Printing and Publishing Co.
Ltd., BangaJ.ore, 1943, p.7.
6
K.V. Rangaswami Alyangar, Some Aspects of Ancient Indian Polity,
Madras, 1962, p.62.

55
law, custom, usage, morality, virtue, rel.1gion, duty, justice or

righteousness.

Now it iB imperative that the term rajadh.arma elucidated in

ancient Indian texts do have various connotations. However, the

diversities that surround the word 'dharma', do have some clarity in

defining the term rajadharma. In general, rajadharma included the

rules of conduct of the ruler, regulations relating to the production

and acquisition of wealth, and ideals of administration which came

within the purview of the science of government.

According to K.V. Rangaswami .A.iyangr - "rajadharma is

prmcipally connected with the rights, priv.lleges and responsibilities

of the ruler". 7 He further explains it as ''Rules of law and conduct ...

which are of interest to aJ.l classes equally.... "8 K.P. JayaswaJ

describes 'rajadharma' as ''Law of the rulers". 9 But G.P. Singh takes a

little wholistic view of rajadharma and so he describes it as - ''the

protection of the people ·of whole state is the essence of

rajadharma". 10 However, A.S. Altekar describes more specifically and

7
Ibid., p.l6.
8
Ibid., pp.l8-19.
9
K.P. Jayaswal, n.5, p.5.
10
G.P. Singh, Political Thought in Ancient India, D.K. Printworld (P)
Ltd., Delhi, 1993, p.53.

56
concerns basically with the rules of governance. He explains the

term rajadh.arma as ''the duties of the ruler and the government. " 11

Therefore, viewing the different notiol}B on the perceptions of

rajadh.arma, it would not be perhaps erroneous to say that the term

rajadharma significantly deals with the obligations and the authority

of the ruler in ancient India. It .is in this context that one can

understand the civil rights of social classes and the community,

principles and policies of government, prevailing immunities to some

sections in the society and overall standard and characteristics of

governance under the rajadha.rma prescriptions or the ancient

explanations of ruling mechanisms in the ancient Indian texts.

RAJADHARMA in MANUBMRITI

Chapter VII of the Manusmriti prescribes the nature, scope,

conduct and the purpose of the governance in details. According to

Manu, the institution of kingship same into being as a result of the

needs and anarchy prevailing in the society.

~ (1\Jlcfi ~ ~Slf+iOZ{i<hfl ~~I

~ ~ {1\Jli ..P"IQ\Jl(Q~: II

11
A.S. Altekar, State and Government in Ancient India, Motilal
Banarsidas, Delhi, 1958, p.9.

57
. (when there was no king, all people ran awa;y helter-skelter due to

the fear of strong ones. The God created the king for the protection of

all beings). 12

cort -m-~ ~lfW 'q ~~~'q ~= 1

~ ~;;pffu~lf~ m~ Tf: Tf: II

(The king observing the magnitude of work, his capacity, place and

time, considering pros and cons again and again appears in different

mood in order to accomplish perfection of dharma. ) 13

The ruler, on his part, relentlessly enforces the scheme of the human

duties. It is, therefore, the security for obedience to the law on the

part of the four orders of the society.

t1 fli 1'8:4 lf tf~ps~:~ "ff C4Cf tlf:ll (rftN: I

~ iU'4J1~~ "ci" ~ ;::r fcJ=qf{fl~d II

(Whatever laws the king promulgates for the good of the righteous
4
and destruction of evils - they should not be disobeyed. /

12
Manusmriti, VII.3; also in Kalyana-Kalpata.ru, Manuscmritisara.m
Number, vol.45, No.1, October 1999, p.l77.
13
Manusmriti, VII.lO; also in Kalyana-Kalpataru, p.l78.
14
Manusmriti, VII.l3; also in Kalyana-Kalpataru, p.l78.

58
However, a delinquent ruler :Ls criticized for his non-performance and

he may also be punished for his wrong doings.

~STCl'il!I311SCI m: {lqf{'C8t;l: I
ct'i~l \3lftT <r\rlfrPI TCl'1l!IC>lR{qR111

(There have been many kings who were uprooted along with all their

paraphernalia because of their rude behaviour. There have been

many who were uplifted to the throne due to their modesty. Y6

Manu emphasized the importance of advisory role of council of

ministers which is commendable for the smooth function:ing of the

state affairs. They are essential for the discharge of governmental

functions.

\3lftT ~tt1)Cb< ~ ett;t2icfi'1 $%<~1

fcl~tildl Sfl~l~'i fc}) g ~ ti&lGl!~ II

(Even an easy job becomes difficult for one single person particularly

unassisted by others. Then what to talk of a gigantic task like state

adm1ni stration.) 16

But the ultimate aim of any policy making is the welfare of the state.

16
Man.usmriti, VII.45; aJ.so in KaJ.ya.na-KaJ.pata.ru, p.l82.
16
Man.usmriti, VII. 55; aJ.so in KaJ.yan.a-Kalpataru, p.l84.

59
 ~~~~~~
<ili«11'1 i 'q ~ ~9'11R9\<1Ji l\li'1: II

(The king should consult the ministers both separately and jointly

and then make his own decision beneficial for state's interest.) 17

Manu warns against a non-systematic governance that:

Ji"'tt51s;l\ill «HI~"![: cn~4fll'1~&lliTI

msfil<l~~~ <IZ1"lflwftfcl<11'Cq<"1511~: II
"'

(If a ruler due to his folly allows his subjects to suffer and does not

tend them, he is sure to lose the rule and perish along with all his

kinsmen. ) 18

~l<l<cn~ 0 lloH 0 11: ~ lllfill'1i "lfml

w.lf (1\illlifil muTT: ~ (I~Cb~ 0 lltl_ll

(Just as the life force deserts a person along with the constant

weakening of body even so the vital essence of rulers perish due to

the subjects always su:ffering.) 19

He further warns the non-responsiveness of the governance as:

17
Manusmriti, VII.57; aJ.so in KaJ.yana-KaJ.pataru, p.l85.
18
Manusmriti, VII .lll; aJ.so in KaJ.yana-KaJ.pataru, p.l93.
19
Manusmriti, VII.ll2; aJ.so in KaJ.yana-KaJ.pataru, p.l93.

60
 (l~flJ~f.W:t~l
tl<i1tAt1 <ltfl ~ qiT$r: ~~II

(For the well-being of the state, the ruler should take every care and

apply right means as happy is the ruler who has a well protected

state.) 20

ifi~~IGifliifl ~ tJW 'q1Rl(Jb0 lllll

\3~~~Kliifllj\(fJlilflil1 cm'q q)slli{ll
(The ruler should not pull out his own roots, i.e. he must not give up

taxation as that, is the only source of the sustenance of ruler as well

as the state, nor should he over tax the subjects due to excessive

greed. One will destroy his own roots and through that other citizens
'
21
will be tortured. )

~~ ~~ f£11&'1514 ~ litAqRl: I
~~ ~¥tcr '("(\iff~~: II

(According to the exigency, the ruler should adopt harsh or soft

attitude. The king is paid high regards only when he becomes hard or

soft as demanded by the occasion. ) 22

20
Man.usmriti, VII.ll3; also in ~yan.a-Kalpataru, p.l93.
21
Man.usmriti, VII.l39; also in Kalyan.a-Kalpataru, p.197.
22
Man.usmriti, VII.l40; also in KaJyan.a-Kalpataru, p.l97.

61
 ~~"lWI"~~:~:I
~w=~~=tr~~~~

(That king is as good as dead before whose eyes and before the eyes of

the state officials the citizens are exploited by the band of corrupts

and desperadoes.) 23

~ ~ 0 lc?itSt$1«1Giffl ~~:I
~~m=~~~~

(One who considers the merits and demerits of future plans, acts
.
sWiftly in present and who has a v1gila.nt eye on the remainder of his

past projects can never be bogged down by the challenges. ) 24

Manu seemingly also prescribes few measures for

decentralization of authority and local self-governance. Following are

his views on these . issues considering village as the unit of

government:

&lfl'btlll 0 li 4*-lt'ii lf~ ~I

~~mAT "'Cf ~ll\~1~ ~II

(To supervise the rulers should appoint a peace officer for every two,

.three or five villages, similarly for superintending 100 villages a chief

23
Manusmriti, VII.l43; also in KaJ.ya.na-Kalpataru, p.l98.
24
Manusmriti, VII.l79; also in Kalya.na-Kalpataru, p.204.

62
should be deputed. ) 26

~~~IJIIJiqf?i om
rct~mt ~mt:q ft$~qffi?Jq 'qll

(There should be a head for one village. Then a supervising head for

ten villages and on the same pattern one over hundred villages, and

over one thousand villages and so on. ) 26

~lli~IS!I'"fl~~l'iJIIfilCb: ~FJCt: ~I
~iiN~Ili~~"Gmfcf~~ll
"\

rcr~m~ ffiWf ~m-~w:r f.i~~4ct.l

~i{1G~Ili~~
"\"'~~
ft$f?iqet4 ~II "\

(The governor of the village shall try all cases of offences occurring

therein; cases which he is not competent to decide, he shall refer to

the governor of ten villages. In case of doubt or incompetency, the.

lord of ten villages shall refer to the lord of twenty villages; and the

later to the lord of a hundred villages; and he too, under similar

circumstances, to the lord of a thousand vi.llages.) 27

TilSlT ~lUI Ifill Cbllllfill T'!~l4fUt ~ ~I

oo~: ~: w~~4~et~d:ll

26
Manusmriti, VII.114; also in Kalyana-Kalpataru, p.194.
26
Manusmriti, VII.115; also in Kalyana-Kalpataru, p.194.
27
Manusmriti, VII.115, 116; also in Ka.lyana-Kalpataru, p.194.

63
( AB for the affairs of these villages, and also those to be done

separately, let another faithful minister of the ruler, unwearied, see

to them.) 28

And he concludes the state affairs as:

~ -w.r rcr~-~~~<;filRlCbctClfiOJ ,~111 =1

"\

~~q(1'!iOJT(;w ~;~:II

(In this way, ma.king complete arrangement for administrative

affairs, the ruler should protect his citizens skillfully and diligently

Without any slackness on his part. ) 29

Rajadha.rma in Arthashastra

In the description of the Tantraukta or the plan of the treatiSe,

Kaultilya mentions the very purpose of Arthashastra a.B:

JOf~6q(O(j ~:, i0Jj)6qqd) ~f{f4q; QBIT:

~afl\1M4K1~41lf: ~~llts~ftlffi I

(The subsistence of mankind is termed artha, wealth; the earth which

contains mankind iS termed arth, wealth; that science which treats of

28
Manusmriti, VII.l20; also in KaJyana-Kalpataru, p.l94.
29
Manusmriti, VII.l42; also in KaJyana-Kalpataru, p.l98.

64
the means of acquiring and maintajn;ng the earth is the

Arthashastra, Science of Polity. ) 30

Kaultilya in his Arthashastra refers both to state of nature and

origin of state based on an implied contract. However, he aJ.so

supports the divinity of the kingship for maintajn;ng and protecting

the order of the society.

With regard to the origin of state he says:

~~~~: tllf.1tl<«i "'Cf~-JOII~-=41~1fi1 ~:

~lf1~ca:qd~~~

(People suffering from anarchy, as illustrated by the proverbial

ten9-ency of a large fish swallowing a small one, first elected Manu,

the Vaivasvata, to be their king.) 31

~~~rqpt~~~~cp(iY~IJO!It!:l
~~~:~~:I

(And allotted one-siXth of the grains grown and one-tenth of

merchandise as sovereign dues. Fed by this p~ent, kings took

30
Kaultilya's Arthashastra,. Adhikaran 15, Prakaran 180, Adhyayal,
Chaukhamba Vidyabhawan, Varanasi, 1996, p.365; also in R.
Shamasastry (Tr.), Kautilya's Arthashastra, Raghubir Printing Press,
Mysore, 1956, p.359.
31
Ibid., p.37; also in R. Shamasastry, p.22.

65
upon themselves the responsibility of mainta.ining the safety and

security of their subjects. ? 2

Kautilya further explains the divine sanctions:

(It is the king in whom the duties of both Indra i.e. the rewarder, and

Yama i.e. the punisher, are blended, and he is a visible dispenser of

punishment and rewards; whoever disregards kings will be visited

with diVine punishments, too. Hence kings shall never be

despised. ) 33

In addition he mentions:

f4~1i44k11 "U'm~~~m:1
~~~~m:11

(The king who is well educated and disciplined in sciences, devoted to

good government of his subjects, and bent on doing good to all people

will enjoy the earth unopposed. ) 34

32
Ibid.; R. Sha.masastry, n.31, p.23.
33
Ibid.
34
Kutilya's Arthashastra, Adhikaran I, Prakaran 2, Adhyaora 4, p.l5;
also Sha.masastry, p.lO.

66
 5'1\i11tl~ wsrw: WifRt~ ~~l
11\Si\Jlq futi" mf: ~ ~ fir:t ~II

(In the happiness of his subjects lies his happiness; in their welfare

his welfare; whatever pleases him.self he shall not consider as good,

but whatever pleases his subjects he shall consider as good. ) 36

~ wfr~T: ~lt{lflll11~1(1fll "ifl

~ 4?(1~~111(i(il~~ll

(In the absence of activity acquisitions present and to come will

perish; by activity he can achieve both his desired ends and

abundance of wealth. t 6

For the purpose of good governance, Kautilya suggests:

ti~llltil~ ~ il¢fJ~cb1 ~I
~ tiRICii«l~h-Jts(j "if ~'jlll04ft1' II

(Sovereignty or rajatva is possible only with assistance. A single

wheel can never move. Hence he i.e. the king, shall employ ministers

and hear their opinion. ) 37

36
Ibid., Prakaran 14, Adhyaya 18, p.64; also R. Shamasastry, n.31,
p.38.
36
Ibid.
37
Kutilya's Arthashastra, Adhikaran l, Prakaran 3, Adhyaya 6, p.l9;
aJ.so in R. Shamasastry, n.31, p.l2.

67
 For the administration and the carrying on the rule of

governance, Kautilya mentions:

w:~:wW:r~~~:l
~~~~~oslidl~ll

(As the duty of a kin.g consists in protecting his subjects with justice,

its observance leads him to heaven. He who does not protect his

people or upsets the social order wields his royal sceptre i.e. danda,

Kautilya further elaborates:

~ ~4~~~~ 0 1~m err C4CIQtf<cn\ 1

?04~~ fcH>~tl ~fclf."fo\~d II

(Whenever there is disagreement between history and sacred law i.e.

Shastra, or between evidence and sacred law, then the matter shall be

settled in accordance with sacred law. ) 39

Perhaps, for more practical purposes Kautilya describes:

~m fchlffiqatl ~4~'~'""' ct'ifiltl\1

~1~«1?1 JPllUt flJJ\I?I qro) ~ 'l~"l4Rl"l I

38
Kutilya's Arthashastra, Adhikaran 3, Prakaran 56-57, Adhyaya l,
p.259; also in R. Shamasastry, n.3l, p.l7l.
39
Ibid.

68
(But whenever sacred law i.e. Shastra, is in conflict with rational law

i.e. dba.rmama.zzyaya=k:ing's law, then reason shall be held

authoritative; for there the original text i.e. on which the sacred law

has been based, is not available.) 40

Rajadha.rma in Mahabharata

The issue regarding the origin of state has been discussed in

the epic Mahabharat, mainly in its twelfth section - Shantiparva

(Rajadba.rma), in a questionnaire form. The questions and answers

are in a sequence regarding the origin, conduct, duties and

administration of state.' The curiosity •and inquiry of Yudh!sthira

finds mention in the terms of ''when", "why" and "tqhat" pertaining

to the governance, duties and morality of a ruler, his officials and the

citizens. Bhisma, his grandfather, while lying wounded after the

'Great War', answers these questions in a discourse. This mentions:

(whence arose the word Rajan i.e., king, that is used, 0 Bharati, on

earth?) 41

40
Ibid.
41
Shantipa.rva. of Mahabharata, 59.5; aJ.so in P.O. Roy (Tr.), The
Mahabharata of Vyasa, Vol.III, Part I, Munshiram ManoharlaJ.
Publishers Pvt. Ltd., New Delhi, 1975, p.l21.

69
 ~llt¥~~1
~:cf~SB1~{11GJi~qi58Kt II

~:q-~{11~•-f~~: :QtfiGKll
~~~<fH1~: 00 ~qd)RJ Fcrf.1~: II

(Similar to other in respect of all attributes of humanity, for what

reason does one man, viz., the king, governs the rest of the world

numbering many men possessed of great intelligence and bravery?

When is it that one man rules the wide world teemi.n.g with brave and

energetic and high born men of good behaviour? Why do all men

seek to obtain his fayour? Wby is it that if one man becomes

delighted, the whole 111rorld becomes delighted, and if that man is

troubled, the whole world becomes troubled?) 42

The appeal to establish a ruler is based on the necessity for

peace and governance in the society. On this very assumption

narrator Bbisma states:

~ ~ '1 (I\Jllill51 quit '1 :cf GlfOscn: I

~ )1\j'ff: 00 ~ :cf q ({"(! (Ji II

(At first, there was no sovereignty, no king, no chastisement, and no

chastiser. All men used to protect one another righteously.) 43

42
Ibid., 59.9-10; also in P.O. Roy, n.41, p.22.
43
Ibid., 12.59.14; also in P.O. Roy, n.41, p.122.

70
 In course of time, error then began to assail their hearts.

HaVing become subject to error, the perceptions of men got maligned

and thereupon their virtue began to decline. Lust got hold of them

and the subsequent wrath led them to lose all considerations of what

should be done and what should not. Then gods approached Vishnu

(the lord of creation - Prajapati) and said to him:

(Indicate 0 god! That one among mortals who deserves to have

superiority over the rest. ) 44

And accordingly when an agreement reached and the ruler was

bestowed upon the oath for governance as:

~~ ~~ eJl(~iCT): tfJOflq( I
mlltm~ qftt£1\fll: wr: ~~~ r

(Do thou fearlessly accomplish all those tasks in which righteousness

evenly resides. Disregarding what is dear and what not so, look upon

all creatures with an equal eye. ) 45

And in response to this agreement between the king Prithu and rishis

(the sages) in the presence of Brahm.a, it is decided that:

44
Ibid., 12.59.93; also in P.O. Roy, p.126.
46
Ibid., 12.59.109-110; also in P.O. Roy, p.127.

71
 ~ oep{hH~~ ~ ~ li~l~li111
~~~: f!CI~W1 mKr ~II
(That high souled king caused all creatures to regard dharma i.e.

righteousness, as the foremost of all things; and because he gratified

all the people, therefore, he was called ''Rajan" or king.) 46

In its further explanation regarding the conduct Bhism says:

\3ii~Jf}qlOJ~ ~~~ ~lfR(f: I

rll«t~u:?J ~dchlU: tT ~~~II

(That man who regards all creatures to be like his own self, who

never does any harm and has his wrath under control, obtainB great

happiness both here and hereafter. ) 47

And;

(A kingdom in which anarchy prevails becomes weak and is soon

afflicted by robbers. ) 46

46
Ibid., 12.59.127; also in P.C. Roy, n.41, p.128.
47
Ibid., 12.66.30; also in P.C. Roy, n.41, p.144.
48
Ibid., 12.67.. 2; also in P.C. Roy, n.41, p.145.

72
 \3i {J\Jli5~ ~ ~ 'l ~qfutSO~ I
q{tq( "if {SIJ~Kl ~f~.:pJ(J\JlCbSO(II

(In kingdoms torn by anarchy, righteousness cannot dwell. The

inhabitants devour one another. An anarchy is the worst possible of

states.) 49

Therefore he suggests that;

~~~1 ~ 4~1\Jll1f?!Rf ~:I

~~~~f?t'C8ctlll

(The Srutis i.e. as heard, declared that in crowning a king, it is Indra

or God that is crowned-in the person of the king. A person who is

desirous of prosperity should obey the king as he should worship the

God himself. No one should dwell in kingdoms torn by anarcby.) 60

As a ruler and the apex body in lieu of the peoples' submission before

king to avoid anarchy, the king performs his duties.

~ t?lqJf{sj(fj ~ fi~O' tf~f$!cp~l

SH11~4fu ~~"if~(I\Jl~ II

(It is the king that brings peace on earth, through due observance of

duties, by checking all . disregard for wholesome restrains and all

49
Ibid., 12.67.3; aJ.so in P.C. Roy, n.41, p.145.
50
Ibid., 12.67.4; aJ.so in P.C. Roy, n.41, p.145.

73
kinds of lust. t 1

And for smooth functioning of the state, the ruler suggested to follow

certain principles as:

mTT ~ ~ITUittiFl 'q1fq ~it I

\311\~I~I~W~W~fll?IITOI-itcr~ll
~ \Jf'lCJG~ T" ~ ~{.<\1~11
~tlRNll\licb ~ qf{qJ~ 5FIMtt: II

(Listen to me as I recite them. A king should take care of seven

thi.D.gs. They are his own self, his councilors, his treasury, his

machinery for awarding punishments, his friends, his provinces, and

his capital. He should with care protect his kingdom which consists

of these seven lim.bs.) 62

The ruler should also be judicious and he is required to maintain a

fair administration for governance:

"llm ~ twm qm s:; tS?OC4 tffi -., ft~w: 1

~RtJ~~ISfi :w:OctC41 C4q~J1 ~II
w~~N~s:ll\111~~~
C4q~f{~"WRf~~~ll

(A ruler should, without doubt, look upon his subJects as his own

children. In determi.n.ing their disputes, however, he should not

61
Ibid., 12.68.9; also in P.C. Roy, n.41 p.l47.
62
Ibid., 12.69.62-63; also in P.C. Roy, n.41, p.154.

74
show compassion. For hearing the complaints and answers of

disputes in judicial suits, the king should always appoint persons

possessed of wisdom and knowledge of the affairs of the world, for the

state really sets upon a proper administration of justice. ) 63

And thus attaching the importance of the stability of the state and an

orderly functioni.ng of the governance, it mentions:

"{(\JIT~~~' lffiT: Qffi15QI t!<SI~,I~ 'ql

~ tiflcnfl1~ l:ft 'q, 'iP'fP<l {140£l~{)ISII '1~~~ II

(The king is the heart of his people, he is his great refuge, he is their

glory, and he is their highest happiness. Those men who are attached

to the king, succeed in conquering both this and the other world. ) 64

Bsjsdharms in Shukra.niti

Shukraniti appears not to enter into discussion on the problem

of the origin of the state. Instead, it more emphasizes on nltl or

policy based on dharma. Accordingly he prescribes:

~: ~ ce:riT f.iPGffi s~ ~ "ff: 1

~4d\ii ~~~~~II

53
Ibid., 12.69.26-27; also in P.O. Roy, n.41, p.152.
54
Ibid., 12.68.59; also in P.O. Roy, n.41, p.150.

75
(The principles or conducts praised by many are 'dharma', and those

criticized are 'adharma'. Therefore the elements of dharma are qUite

complex in nature and not possible for anyone to clearly understand

To explain the significance of tbis dharma in the affairs of a

state it explains:

(Without strict adherence to dharma i.e. duty and rules, in one's own

life, there can be no happiness. Practising one's own duty is the

paramount penance. ) 66

Tbis assumption explains the existence of a ruler in a way that:

.., Rl66M ~ fcr;:rr ~ ~ Jf\5IT: I

Jf\JfliT~~~~~~II

(No one follows its duty unless there is a ruler and a ruler without

citizens has no significance or existence. t 7

And therefore, Shukraniti likely suggests divine sanctions for a

perfect ruler:

56
Umesh Puri 'Gya.neshwa.r' (Tr.), Shukraniti, Adhyaya 5.29, DBP
Publications, Delhi, 1996, p.182.
56
Ibid., 1.18, p.20.
57
Ibid., 1.55, p.27.

76
(A virtuous king is known to be created by parts of divine organs.) 58

Accordingly, it explains the kind of ideaJ. state:

<"i~lj{ffi~~RI: ~\J114R1""H"H"q{: I
fcl;:ft{'ll~iil ~~~~II

(The state whose citizens are aJ.ways involved in right deeds and the

ruler himself remainS busy in carrying on the welfare of its citizens,

that attains the ultimate prosperity. ) 59

For the nature of the governance, Shukraniti mentions:

~J 0 1<"1JY::1"1<'i~*f : ~~\Jlll!J : 00 'fml

~lfRIT~~II

(Efficient like a father, a ruler brings qualities in citizen's life. And

like a mo~her, the ruler should forgive the mistakes and strengthen

its citizens.) 60

58
Ibid., 1.66, p.29.
69
Ibid., 1.74, p.30.
60
Ibid., 1.59, p.28.

77
(Ruler's prime duty is to take care of the citizens. ) 61

For the functionin.g of the administration, the text prescribes

that there must be councilors to the ruler:

~tal4trqd <cn4 tl~~CB'"I ~iibF{ I

~~~ 0 llff$1~'1 ~ ~ Ji~~~Sf_ II

(Even a little task becomes difficult for a man to complete without

assistance, then how is it possible to rule a state all alone. ) 62

And,

~s1fu~ ~<§l~eql ~I
fctlr~Miid~q 4&glll&~ff4Jtlfl_ll

(The ruler should consult the written divergent opinions based on

facts; think over them and then decide according to the consensus. t 3

Because,

""'Lf l~.wtd) 'j04ffi <I~Ji I'"Ill~ "if ~: I

l?lqlfu~qfi~ f.it5Pt1 ~II

(A judicious ruler helps himself and his citizens to attain all three-

61
Ibid., l.ll, p.l9.
62
Ibid., 2.1, p.51.
63
Ibid., 1.90, p.49.

78
dharma, artha and kama, but opposite to thi.s nature it destroys these

all three. ) 64

Therefore:

~ c4iffiql ~"4": ~"ff~~:~l

~~~~l(lq(i!Q'1lf_ll

(Those rulers who do not follow 'niti' face misery and to follow such

rulers is like playing with the sharpened edges of swords i.e.

dangers. ) 66

Again,

~ ~~r:fflcn«lai;lil <Rl ~~
. ~ (I~Cfwi <"fR:f"ldl (l~~d ~I

(Citizens behave according to the nature of governance. Accordingly,

ruler's act gets credit or discredit like happiness or misery in the

state.t6

This assumption iS further explained as:

\1{~~ '!qRI4i;l ti ~bl~\i\J1'1: I

"Qlf~~('liRI~('jqm-ll<t~: 0011

64
Ibid., 1.56, p.27.
65
Ibid., 1.13, p.l9.
66
Ibid., Adhyaya 4, Prakaran 3.3, p.l34.

79
(A bad ruler who does not follow dharma should be threatened by his

citizens of defection towards his opponent. Always, the citizens

should dissuade the ruler from its bad conduct or unlawful

governance. ) 67

Shukraniti, also, mentions that:

~ {!~\Jta lffl"iiEltctA q<PiGRll

Clf\iild ce:!Y¥t4~ ~ ~: I

(A wicked ruler suppresses the liberty of its citizens, criticized for its

bad governance and so not supported by wealthy and Virtuous

people.) 68

Therefore, the text warns against a bad or unstable rule as:

~ 'f.llt~~: ~ tf 1qffilq~q ~I
~Tf~w ~ ~~~i<lf~fq ~GJRl-11

(A king remains the ruler till he governs judiciously or governs

according to the needs of the citizens. Otherwise, the bad governance

leads to destruction to ruler, its citizens and thus, the failure of the

state.) 69

67
Ibid., Adhyaya 4, Prakaran 1.50, p.128.
68
Ibid., Adhyaya 1.94, p.34.
69
Ibid., Adhyaya 4, Prakaran 1.51, p.128.

80
Danda and Danda.ni.ti:

The terms danda and dandaniti are closely co-related to the

administration of affairs in the state. The multiplicity of mea.n.:in.g

which surrounds the terms dharma iS probably not seen in the case

of dandaniti. However, Saletore believes that - "this would appear to

lend support to the view that the dandan.i.ti passed through the stages

of development simila.r to those which the dharmashastras passed

through; and that it had the same status as the dharmashastras. " 70

A.S. Altekar explains- "It is owing to the presence of this anti-

social element that danda, or force becomes the ultimate sanction of

government. Ancient Indian thinkers regard that the state as an

ideal one where its exercise is rendered almost necessary by the

willingness of the people to accept the scheme of righteous life,

determined by the code given to humanity. This code was binding

alike upon the people and the king. " 71 In this way he clarifies that

"dandaniti thus deals with the totality of social, political and

economic relationships and indicates how they are to be properly

organized and integrated with· one another. "72 Nevertheless, Beni

70
B.A. Saletore, Ancient Indian Political Thought and Institutions, Asia
Publishing House, Bombay, 1963, p.22.

A.S. Altekar, n.ll, p.42.

72
Ibid., p.2.

81
Prasad, though considers danda as an element of state has a little

stronger side of its meaning and scope in governance. He mentions -

"da.n.daniti, literally, it means the science of coercion. Viewed in the

context as a whole~ it is best rendered as the science of government.

In consonance with the general trend of Hindu social thought the

subject is viewed predominantly as an art . .AI3 such, da.n.danit1 claims

precedence over all other branches of study. "73

With reference to dandanit1 as the administration of force and

art of governance, A.L. Basham defines the concept as- "The primary

mea.ning of the word da.n.da iS 'a stick', fro:r.n which its secondary

meanings may be easily inferred. In varying contexts it may be

translated as coercion, punishment, a fine, or simply justice. Hnman

nature was evil and corrupt. In the ben.1ghted age in which most

Indian writers on law and morals believed themselves to be living

mankind could only be disciplined to observe the Sacred Law by fear

of punishnient. "74 In this wa;y, considering the general application

and management of principles and objectives of a state, G.P. Singh

takes a little broader view in expJajning da.n.dani.ti. He says - "For

providing equal justice to all the members of the society, for peace,

progress and prosperity of the people, for the welfare of the state or

73
Beni Prasad, n.l, p.21.
74
A.L. Basham, n.3, pp.ll4-15.

82
rashtra, for an efficient administration, to protect the weaker section

from stronger one, to puniSh the offender and finaJJy to keep

everyone within the limits of dharma, a dandan.iti was framed. "75

From the above definitions one can say that dandan.tti is that

part of governance in principle which deals with the administration

of punishment, force and justice. It could also be understood in the

light of changi.ng conditions of political organization and cha.ng:ing

ethical standards of individual human being in the society. It reveals

and controls the relation between individual and state. In totality, it

describes the structure and t·he functioning of the state.

Danda.niti in Manusmriti:

With reference to dandaniti, Manusm.riti prescribes . the

following principles or explanations:

{Rlf flqlJUI ~ ~lq (IJUI ~ "'C1 I

~ Cf)(iq;:(l ~~ 'Ct(TIKl q II

(Due to the fear of that sceptre i.e. danda, all beings- immobile and

mobile are capable of enjoying pleasure and do not deviate from the

path of law.) 76

75
G.P. Singh, n.lO, p.40.
76
Manusmriti, VII .15; also Kalyana-KaJpataru, Manusmritisaram
Number, Vol.45, No.1, October 1999, p.l79.

83
 "ff ~~~ ~~ -:q fq"m ~ ~: I
~: {11'! 0 l~o:Ti~tSq'"'414ctM~ II

(So, the ruler should award punishment befitti.n.g to the criminal acts

after fully consideri.n.g the place, time and capacity and fully looking

into the scriptures.) 77

~ U\lTI ~ ~= "« ~ ~nrum -:q "«=

it~ 0 lllil~"'f.T~~~: II

(The same, danda iS king, the same iS Purusha, the sam~ iS leader and

administrator also, the same iS a guarantee for the dharma for all

social waJks of life Le. four AshraJilas.) 78

~: ~00 !J'}IT: 00 ~ ~ 1·
~:~~~~~«err: II

(It is danda which rules over the citizens. It protects them. It is

danda which keeps awake while everybody sleeps. The wise regard

the danda to be dharma itself.) 79

77
Manusmriti, VII.l6; also in Kalyana-Kalpataru, p.l 79.
78
Manusmriti, VII.l 7; also in Kalyana-Kalpataru, p.l 79.
79
Manusmriti, VII.l8; also in Kalyana-Kalpataru, p.l 79.

84
 ~ ~ ~: ff~Cffiq~ {5\l14RJ Q\5lf: I
~~ollG~~r.ffil~: II

(If awarded after scrupulous consideration makes the citizens happy

and unscrupulously awarded danda causes all side destruction) .80

~ 1" ~ 0 l~~lilll ~ G 0 ~t:i:fGM:\q: I

~ ~H"f41FlC114!f4~csf\11~\1'"i!\l{l: 11 1

(If the ruler ever vigilant does not utilize his punishing power with

those deserve it, the stronger ones may eat away the weaker like large

fish swallow the smaller ones. ) 81 '

00G 0 :Sf\Jlffi~~~~: I
G0 :Sf4 ~ \i4tfficf ill~tJ\~114 ~ II

(Virtuous persons are rare. The rest of the society is regulated by

punishment only. All creatures undergo through what they deserve

only due to the fear of punishment. ) 82

~: "&fuiT~ fti?l {~ij{lqq: I

ff4WlCf5~cffiq~ \i~G 0 Sf4 fcrw:lm II

80
Manusmriti, VII.l9; also in Kalyana-Kalpataru, p.l79. ·
81
Manusmriti, VII.20; also in Kalyana-Kalpatar:u, p.l79.
82
Manusmriti, VII.22; also in Kalyana-Kalpataru, p.l80.

85
(If the danda is unjudicious, all the four varnas i.e. all the people in

the society, may get corrupted, the bridges of social decorum may get

destroyed and there may be a state of anarchy. ) 83

qoir ~ fl~t?fi\Ji'l ~m~IC!i11<:lilf11: I

~tilJ&~Rid ~~~II

(The danda is the greatest tool to hold unrestrained person in

command. If the ruler deviates from his dharma the same danda

destroys himself, kinsmen and all i.e. failure of the state. ) 84

Da.nda.ni.ti. in, Arthashastra:

Kaut".Jya has given the proviSions of danda a significant

position in Arthashastra to maintain the social order in a state. He

deaJ.s with the relevance of dlin.daniti as an important part of

governance in the following manner:

~ -;:fiKr G0 s4lRl:1 ~~ ~; ~iFft;

if&t4 ~~RNIG4l ~I

(That which treats danda is dan.daniti - the law of punishment or

science of government. It is a means to make acquisitions, to keep

them secure, to improve them, and to distribute among the deserved

83
Ma.nusmriti, VII.24; also in Kalya.na-Kalpataru, p.l80.
84
Ma.nusmriti, VII.28; also 'in Kalya.na-Kalpata.ru, p.l8l.

86
the profits of improvement. It is on this science of government that

the course of the progress of the world depends. t 6

~ ffi 'Si<11'11ja\il41~: 1 ~$~us:~~ ~: ~: 1

Wl$11<1w~ffi ffi~= ~~~ $~Ji1<1
CfJP"I¢1il~IX4Pi$11'11&1'1 ~4Rt11\JICfJ1'1ftl cffiq~Rl, ~~~

(For whoever imposes severe punishment becomes repulsive to the

people; while he who awards mild punishment, when awarded as

deserved becomes respectable. For punishment, when awarded with

due considerations, makes the people devoted to righteousness and

works productive to wealth and enjoyment; while punishment, ill

awarded under the influence of greed and anger owing to ignorance,

excites fury even among hermits and ascetics dwel.l1ng in forests, not

to speak of householders. ) 86

\3"1>! 0~dl ffi JOflttli~I~~S\Iq~ffil ~~1'1~<fi ~

~~~~~:~qtllkll

(But when the law of punishment is kept in abeyance, it gives rise to

such disorder as is implied in the proverb of fishes i.e. matsya.zzyaya;

86
Kautilya Arthashastra, Adhikaran 1, Prakaran 2, Adhyaya 4,
Chaukhamba Vidyabhawan, Varanasi, 1996, pp.12-13; also in R.
Shamasastry, Kautilva Arthashastra, Raghubir Printing Press,
Mysore, 1956, p.8.
86
Ibid.; also in Shamasastry, Kautilya's Arthashastra, p.8.

87
for in the absence of a magistrate i.e. dandadharabhave, the strong

will swallow the weak; but under his protection the weak resist the

strong.) 87

=qg4ol1~~mrr~~:l
fq~~~~~~ll

(These people, consisting of four castes and orders of life, when

governed by the king with danda, w1ll keep to their respective paths,

ever devotedly adhering to their respective duties and occupations.) 88

~~~ffiq)-cffW"fq~l
miT~ "if ~-:q~G)stw{ ~:I

(It is power and power i.e. dand.a alone which, only when exercised

by the king with impartiality and in proportion to guilt, either over

his _son or his enemy, matntaiiis both this world and the next. t 9

(People are annoyed by excessive punishers. Therefore, a ruler

should be just in deciding punishments. ) 90

87
Ibid., p.l3; alsoin R. Shamasastry, p.9.
88
Kautilya's Arthasastra, Adhik.aran 3, Prakaran 56-57, p.259; also in
R. Shamasastry, p.l7l. ·
89
Ibid.
90
Kautilya's Arthashastra, Chalukya Pranit Sutra, 143-144, p.78l.

88
Da.ndaniti in Mahabharata

In Mab.abharata, Brab.ma (the creator), is regarded as the main

composer of da.ndaniti. It has been stated that "due to lawlessness,

there was a state of complete anarchy. But prior to that, the people

lived a life of peace and happiness. It is stated that the people

protected one another according to the dictate of dharma, though

there was neither state nor any ruler. But that state of affairs was

temporary. The people began to encroach on each other's interest.

The Shantiparva mentions that attachment (moha) and wrath

(k.rodha) were the main factors to cause deterioration in the state of

nature. The law of morality came to an end and people had no sense

of righteousness what should be done and what not. Even the

existence of gods was threatened and they approached Brab.ma for

ensuring law and order in the society. It was he who at the request

of gods not only established the law and order but aJ.so composed the

science of punishm.ent. "91 In the twelfth section of Mab.abharata -

Shantiparva, following are the exerpts on dandaniti:

\34Cbl (Ill (.'i'lcnfll ~cPl~l411ll q I

1q4)d t1 ({qtt'fl ~~IS! I ~II

91
Shantiparva of Mahabharata, 59.14-27; also in P.O. Roy, n.4l,
pp.l2l-l22.

89
(For the good of the world and for establishing the tripple aggregate,

viz., virtue, profit and pleasure, I have composed this science

representing the very cheese of speech. ) 92

~~~~~
f.Ht~lj~~{tll (fllCbl1j i!fttSqRIII

(Assisted by chastisement, this science wtll protect the world.

Dealing rewards and punishments, this science Will operate among

men.) 93

~~~GUi~~l
~ 0 s4lf.if{RI ~ ?ftct11Cbl~cttltl

[And because men are led (to the acquisition of the objects of their

existence) by chastisement, or, in other words, chastisement leads or

governs everything, therefore will this science be known in the three

worlds as Dandaniti or science of chastisement. t 4

"{l\111~ ~~f431Cfi ~~:I

~ JiffiGtlf.iCJI4~1~&('JI~('JihHI: II

92
Ibid., 59.76; also in P.C. Roy, n.4l, p.l25.
93
Ibid., 59.77; also in P.C. Roy, n.41, p.l25.
94
Ibid., 59.78; also in P.C. Roy, n.41, p.l25.

90
(If there were no king on earth for wielding the rod of chastisement,

the strong would then have preyed on the weak after the manner of

fishes in the water.) 95

\fi{IIJ1Cbl: Jf\J1T: ~ ~~-;:r: ~I

4(fY( ~~~~'Q~lF!_II

(It has been heard by us that men, in days of old, in conseq~ence of

anarchy, met with destruction, devouring one another like stronger

fishes devouring the weaker ones in the water. ) 96

~ "fff~;:uMCbl~ql«ft~~o~Pflli8ftll
Cf.:uMCbi~lj1@Rl ~ llii«l~lll

(When he i.e. the ruler, restrains the wicked by inflicting upon them

severe punishments and favours the righteous by bestoWing rewards

upon them, he is then said to assume the form ofYama i.e. the god of

justice. ) 97

j(<'l{t~qRJl{lf£1 CbllllCbl4ii\111'1<1: I
~ qfttii11ltcr~ll

(According to the eternal proviSion, there is punishment for even the

preceptor if he become haughty and disregardful of what should be

95
Ibid., 67.16; also in P.C. Roy, n.41, p.146.
96
Ibid., 16.17; also in P.C. Roy, n.41, p.146.
97
Ibid., 68.4; also in P.C. Roy, n.41, p.149.

91
done and what should not, and if he transgresses all restrains. ) 98

Danda.niti in Shukraniti

Shukra in his ni.tisara has elaborately explained the mea.njng,

scope, nature and use of danda according to the needs of the time for

the stability and peace of a state. He has described the dandani.ti in

the following manner:

PiCJ:RI<fti;lili(IE:IJO!Tl ~~~I
~ fi~;Uid \iF~(Clql~ ~ ~ tr: II

(Danda keeps away from bad conducts and suppresses the

inobedients. So, danda iB the instrument which keeps the people

under fear. ) 99

(This instrument - danda, lies with the ruler because he is the

supreme authority.) 100

(Citizens do follow their duties due to the fear of danda.) 101

96
Ibid., 57.7; also in P.C, Roy,n.4l, p.ll7.
99
Shukranitisara, n.55, Adhyaya 4, Prak.aran 1.27, p.l24.
100
Ibid.
101
Ibid., Prak.aran 1.30.

92
(Therefore, the king should use danda to protect the dharma.) 102

00 {i<; 0 s4klll ~ ~ Rifli~Y¢J?lil: I

~~fu"~~TM~~II

(Through proper use of danda, based on laws, the ruler achieves its

all desired goaJ.s, because dandis the prime protector of dharma.) 103

(The Virtuous people leave the ruler who does not pUnish the

deserving ones, punishing the undeservi.ngs and inflicts more

punishment than required. That ruler faces fall due to its such

misrules.) 104

Q{i nfl ip,- 'JOY Ttl «1 &Iii {Ttl ~ \JFf: I

~ fc5 ~ ~ 'ilil~(j ~II
"'

(Citizens for their own interests act accordingly to establish a stable

ruler. Then why not by its fear of punishment, the teachings or rules

102
Ibid., Prak:aran 1.33.
103
Ibid., Prak:aran 1.35, p.l25.
104
Ibid., Prak:aran 1.36, p.l25.

93
of the king would not be followed by the citizens. They would must

follow the ruler.) 105

{1\il~S~~I@Ch: ~~~I
<it ~ tcr~4Fl {ct: ~ ~ \il«ft ~II

(It is only through fear of punishment meted out by the king that

each man gets into habit of following his own duty or swadharma.) 106

~~~~~~r?O{j~~~cb)~l
~ G?f ~e;.1~1"1 g W ~ 'rf: II
(During dispensing the judicial duty, when the plaintiff or defendant '

produces earthly evidences and the other takes refuge to heavenly

causes then the ruler always rely on the evidences and never accept

the divine explanation. Y07

;fir::u~4q_ ~ cnN ~ ~ ll4BI ~:I

'1 Wfur '1 ~ '1 ~ :tl~"iq: I
q"h~HTtlC11~~ "iffiq {"q~4)1SJ~III

(Neither the king nor his officials themselves should create the

disputes to suppress an ordinary citizen due to own greed, interest or

106
Ibid., Praka.ran 1.37, p.l25.
106
Ibid., Adhyaya 1.17, p.20.
107
Ibid., Adhyaya 4, Praka.ran 5.63, p.l64.

94
anger. And without producing both the plentiff and defendant before

the court, the king should not arbitrarily give the verdict.) 108

Thus, on the basis of the above mentioned ideas and thoughts

on raJadharma and dandaniti, the next chapter will follow an

elaborate discussion relating to different dimensions of state and

government in the ancient Indian texts. Though this concluding

chapter only contains the main important verses in the ancient

Indian literatures, other references have also been incorporated in

the following chapters to evaluate the political think:ing and visions of

past, present and the future political debates.

108
Ibid., Adhyaya 4, Prakaran 5.14-15, p.155.

95