Ideas and Institutions in

Indian Political
Thought
Notes by studyship with Krati

Unit-1: Statecraft in Ancient India

Unit-2: Dharma,Dhamma,Danda
Unit-3: Nyaya,Niti
Unit-4: Sabha,Smiti
Unit-5: Rajya, Rashtra
Unit-6: Varna,Jati
 Unit-1
Statecraft in Ancient India
The Hindu thinkers tried to understand the state by
differentiating it from the non-state. Their method was logical
differentiating it from the non-state. Their method was logical
as well as historical. That is, in the first place, they tried to
investigate in what particulars the state analytically differs
from the non-state; and in the second place, they tried to
picture to themselves how the pre-statal condition developed
into the statal, i. e., how the state grew out of the non-state.
The chief solution of both these problems they found in the
doctrine of matasya nyaya or the logic of the fish.

Let's try to understand what are other stories beside hindu

theory regarding state and non state existence.

European Thinkers
● According to Hooker (I554-I6oo) in the Ecclesiastical
Polity the state of nature is a state of strife.

● Spinoza (I632-77), also, expressed the opinion in his

Tractatus Theologico Politicus, that the state of nature is
a state of war and a state of the right of might.
 ● John Stuart Mill remarked ' The non-state is thus
conceived to be a war of "all against all "' an " anarchy of
birds and beasts ", and a regime of vultures and harpies'

● The Hobbesian "' law of beasts and birds or the

Naturprozess of Gumplowicz is the logic (nyaya) of the
fish (matsya) in India.

Chinese Thinkers
● Su Hu explains in The Development of Logic in Ancient
China, " each man has his own notion of right. Therefore
one mina, " each man has his own notion of right.
Therefore one man has one notion of right, two men
have two notions of right, and ten men have conceptions
of right will there be. Consequently each man ap- proves
his own notion of right and denounces every other man's.
So they denounce one another."

Hindu Theory of State Origin

Theory of Origin of the State by Manu

● Manu’s Theory of Origin of the State ,according to Manu,
lord created the king when there was fear due to chaos in
the society (state less society).
 ● King was created by combining the eternal particles of
Indra, Pawan, Yama, Sun, Agni, Varun, Moon and Kuber.
● He presented a divine theory of political obligation
devised to instruct the subjects to obey the king, and
goes as far to claim that even if the king is an infant, he
should be respected and revered because he is actually
a deity in human form.
● Protection of subject was considered as the primary duty
of the king because that was the reason for his creation.
He is expected also to protect all castes and order.
● He mentioned inflicting punishment to wrong doers as an
important duty of king considering that the threat of
punishment was essential to maintain social order. In
return the subject were obliged to pay taxes that is used
by king for social welfare as well as to build a treasury for
difficult times.
● A king who fails in his duties shall go to hell after death.

Important Features of State by Manu

● Manu also builds an organic theory of the state, i.e., it

has seven limbs with specific functions and only when
each do their job well, can the state survive and prosper.
His theory is also referred as Saptanga theory as it also
includes seven elements with minor differences from
Kautilya. The seven elements mentioned in Manusmriti
include:
1. Lord (King)
 2. Minister
3. Capital (Pura)
4. Rashtra (kingdom)
5. Treasure
6. Army (or force)
7. Ally
In the Manusmriti version of Saptanga theory, fort and
janapada (of Arthashastra) are replaced by pura and rashtra,
i.e., capital and kingdom. Presents an organic theory of state.

● King is pivotal to the structure. He is the linchpin who

maintains the structure and provides all support.
● Appointment of the ministers is one of the central duties
of the king. He used the understanding of Arthashastra to
argue that appointing the right minister to the right
department is a significant administrative duty and much
depends on it for statecraft.
● On the subject of appointment, he suggest of five
criterions: tradition,ability, examination, fulfilment of
objectives and test of courage.
● Manu considered secrecy as essential for state craft and
hence believed that the king should consistently test the
loyalties of his staff.
● Unlike Kautilya, Manu held that on policy matters the
King should not only hold wider consultations, but
stresses that even Brahmans should be included in this
deliberation. Clearly, he suggested that administrative
 role of the king could not be fulfilled without the support
of Brahmans.
● Manu also suggested that the king should devolve the
power effectively along with providing each department
more autonomy and independence. Unlike Kautilya, he
also allowed for greater autonomy to core departments
like finance and army. In fact, he suggested thathe king
should seek advices on his ministers and listen to them
objectively.
● Manu opined that power had tendency to make people
corrupt. So, he suggested for constant surveillance of
administrative officer.
● He firmly asserted that King should behave like a father
to the public and as a guardian he was dutybound to
improve the lives of his people. At the same time, he was
also expected to be most worried about the interests of
the needy and the week in society including children,
women and the aged.
● He maintained that the King should reflects the
characteristics of different animals as and when need be:
he must act as a tortoise, who is an expert in protecting
its weakest points whenever it senses any threat; he
must bear patience like heron and never act in haste; he
should have strength like that of lion; he should be
opportunist to maximize his national interest just like wolf
snatches its prey; and it should be like hare, ever
attentive and always very agile, even if it has to retreat
form a situation.
 ● Like Kautilya, Manu also advocated accession of
territories to increase influence. He held that king should
always be ready to use force, when need be, to protect
and promote his national interest. It is both natural and
justified duty of king.
● Unlike in Arthashastra, Manusmriti has detailed lists of
immunities and privileges designed for Brahmans. They
are given special status. In fact, at times, it appears that
Manu recognised two simultaneous authorities: king as
the temporal authority and the Brahman as the spiritual
authority. Both according to him were joint custodians of
the sacred laws or the principles of dharma.

State Jurisdiction
● The end of government, according to Manu, was to help
people in the accomplishment of moral righteousness,
wealth and the pleasure (Dharma, artha, and kaama).
So, the
● King was expected to consistently endeavour to achieve
these aims in consultation with his ministers.
● He was expected to provide protection and security to his
people from both internal as well as external enemies.
Internal enemies might include thieves, robbers, or those
planning political turmoil, but at the same time it also
included those government servants who were corrupt or
who misused their powers to oppress the people.
 ● According to Manusmriti, the state should perform the
following function: make all Varna observed their duties
(Dharma), observance of general law, maintenance of
peace within the state and keep the state free from
external control. Besides these the states should make
laws for controlling the price of important articles.
● It is also expected to maintain the social order and if
need be to for the Vaishyas to carry on trade, agriculture
and animal husbandry, as well as compel the Sudras to
serve the dwijas (the higher caste). It is also within the
scope of state to interfere to resolve crisis or conflict
among different groups.
● It is further the duty of the state to impart good education
to its people and take good care of the teachers and the
taught.
● For accomplishing these duties, the king is also given the
power to levy taxes as well as the power to punish those
who digress from the path of righteousness.

The Law of Fish - Matsaya Nyaya

● It is the fundamental law of nature that small fish become
prey to big fish or the strong devour the weak. It can be
equated to the ‘Law of Jungle’.
● Otherwise we can say,the strong will prevail over the
weak.
● In absence of government or rule of law, the human
society will degenerate into state of anarchy in which
 stronger will destroy or exploit the weak much like how
bigger fish eat smaller fish.
● If in our society, if we take out the government, the rules,
the order and in a matter of hours the human society will
degenerate into a state of anarchy in which the stronger
one will destroy and devour the weaker ones like the
fishes. In modern times, we can call it the “Law of the
Jungle”
● So, according to this, the theory of government was
based on a belief in the innate depravity of man.
● It is seen that in the ancient texts of Sanatana Dharma,
the theory of governance was formed keeping in mind
the evil nature of the man.

A good leadership uses the best combination of the “4

Fold Policies” of Kautilya to find a solution to Matsya
Nyaya from time to time.
1. Sama (The wise ruler must maintain peace among his
subjects)
2. Dana (Means charity)
3. Danda (punishment)
4. Bheda (The wise ruler must use Bheda to promote
welfare of the state)

● Thus, this theory proposes that government, rulers and

laws are necessary to prevent this natural law of ‘Matsya
Nyaya’ from operating in human society.
Kautilya’s Saptang Theory of State
● The Mauryan era of ancient India gave the world a
significant treatise, the Arthashastra of Kautilya. It offers
deep insights into political statecraft.
● Although not Kautilya's original idea, he connects the
Saptanga/Seven Organs theory to thestate's
organization. As the name implies, a state is a collection
of seven components thateach serve a specific purpose
and cannot exist by themselves.
● Kautilya is known as the Indian Machiavelli because of
his ruthless and shrewd tactics and policies reflecting an
approach to statecraft including warfare.
● The state of ‘nature’ is imagined to be one of total
anarchy, in which ‘might was right’.
● People were oppressed by Matyanyaya, the law of the
fish, according to which the bigger fish swallows the
smaller ones they selected Manu– son of Vivasvat the
king.
● It was settled that the king should receive one-sixth of the
grain and one-tenth of merchandise and gold, as his due.
● It was the revenue which made it possible for the king to
ensure the security and prosperity of his subjects.
● People agreed to pay taxes and he ruled by one person
in order that they might be able to enjoy well-being and
security.
● In Kautilya’s Arthashastra, there is no explicit theory of
social contract as laid down by the contractualist. Neither
 does Kautilya use the contract to make the king all
powerful.

Key Elements of State

Kautilya enumerated seven prakritis or essential organs of the
state. They are as follow:
1. Swami (The Ruler)
2. Amatya (The Minister)
3. Janapada (The Population)
4. Durga (The Fortified Capital)
5. Kosha (The Treasury)
6. Danda (The Army)
7. Mitra (Ally and Friend)

Kautilya’s Mandal Theory or Mandal

Sidhant
● The Mandal theory revolves around Mitra. One of the
most remarkable ideas of ancient Indian statecraft is the
doctrine of mandala.
● The theory of Mandala is based on the geographical
assumption that the immediate neighbor state of a given
state is most likely to be an enemy and a state next to
the immediate neighbor is likely to be one’s friend.
 ● Thus, after a friendly state comes an unfriendly state
(friend of the enemy state) and next to that a friendly
state (friend of a friendly state) and so on.
● Thus, this form circles of friends and foes with the central
point being the King and his State.
● According to Kautilya,the states which are one’s
neighbours and are also neighbours of one’s enemies
are neutral and should always be treated with respect.
● This circle is dynamic and the King should strive to
expand his central position and reduce the power of the
other kings in his vicinity.
● As per the theory it is to build alliances with states which
are two degrees away from the center to create a
balance of power.
● Chanakya advocated six-fold policy to interact with the
neighbors, which included co-existence, neutrality,
alliance, double policy, march, and war. He advised the
king to resort to five tactics in order to follow the six-fold
policy.
● The five tactics are conciliation, gift, and bribery,
dissension, deceit and pretence, open attack or war.

Mandal theory of kautilya deals with the circle around

kings which king have to deal with . These circles are
basically divided into friends and enemies of king by
mandal theory .
As per the Shadguna theory, states participate in
diplomacy and war using the six methods of foreign
policy which are :
1. Sandhi:- The peace treaties should be made with
specific conditions to promote welfare and development.
According to Chanakya, one can enter into a treaty with
one’s enemy and it could be broken when one grows
strong.

2. Vigraha:- The policy of hostility is recommended to be

followed by the stronger state. The hostilities can be
conducted as open, secret, undeclared or clandestine
attacks. Diplomatic wars too are justified on all levels.

3. Asana:- The policy of remaining neutral is highly

recommended when both states are equal.

4. Yana:- Very careful consideration is to be made before

taking the important decision on wars. Since the
preparation for war and the long march entailed heavy
expenditure and prolonged absence from the capital.

5. Samsraya:- The policy of seeking protection of a

stronger authority can be practised by entering into
alliances or by signing a treaty.
 6. Dvaidhibhava:- This is the policy of seeking peace
with one authority in order to pursue hostilities with
another.

The main thrust of the Mandala theory was to acquire power

and wealth for the conqueror. Kautilya analyzed the concept
of strength and categorized it into three kinds:
● Mantra Bal, the power of deliberation.
● The second kind of strength consists of the possession of
prosperous treasury of Prabhu Bal.
● Utsaliq Bal, denoting the basic strength of sovereignty,
including the material power in terms of physical
strength.

Thus, the Mandala theory of inter- state politics, as

expounded by Kautilya, is an exercise in practical politics and
is relevant for all times. Kautilya inspired the king to determine
his foreign policy only after a careful assessment of the
strength and achievements of his allied and hostile states.

In general we can define state theory in

three categories -

1. Social Contract Theory

● The social contract theory, one of the common theories
of the origin of state, believes that state is a result of a
 contract between the king and his subjects or
representatives.
● The king, thus appointed, was expected to save the state
and the subjects from external aggression and establish
order and security within the state.
● However, the earliest Vedic works never stated that state
was the result of a contract. But, they clarified that king
was elected to wage a successful war against the
demons.

2. Divine Origin Theory (The oldest theory)

● Theory of origin of kingship as well as the state was not
widely acclaimed in the ancient Indian polity.
● The king, according to this theory, was a subordinate to
law, which was made by the society and not him.
● The community as a whole was given greater importance
than the king. The king was not allowed to act
indiscriminately and was expected to act as a father to
his subjects, and treat them with affection and kind­ness.
● The great epic of India, the Ramayana, also clearly laid
out that king was of divine origin. It is stated therein that
men approached Brahma (the Creator) to provide them a
king and accordingly after all the Gods spared a portion
of their power, a being in the human form emerged and
was made the king.
● The Mahabharata, another great epic, explains that king
is a person endowed with superior talent and calibre
descended from heaven to the king on the earth.
 ● Puranas also describe the divine origin of the king and
the state. The Agni Purana states that the kings were
embodiments or forms of Lord Vishnu (the god who
sustains the earth).
● Some kings had titles like Chakravarthi— universal
emperor, while some of the Mauryan emperors conferred
titles like Devanam Priya, beloved of Gods, upon them.

However, certain ancient scriptures like Manusamhita explain

that the origin of state is from the divine. One such excerpt
from Manusamhita is that ‘the Lord created the king for the
protection of his whole creation … even an infant king must
not be despised (from an idea) that he is only a mortal,
because he is a great deity in human form’.

3. Organic Theory
● This theory believes that state is like an organism and
that each organ has a specific function to perform.
● The theory believes that the healthy functioning of the
whole organism depends upon the healthy conditions of
each part of the body or organism and its efficient
functioning.
● The seven parts of the body, that is, state are the king or
the sovereign, the minister, the territory and population,
the fortified city or the capital, the treasury, the army, the
friends and the allies. Among all the seven elements or
parts, it is the king who is most important.
 ● The Matsya Purana states that the king was the root and
the subjects were the trees. Similarly, Sukra Neetisaara,
compares the state with that of human body.
● According to Sukracharya, the king is the head, the
ministers the eyes, the treasurer the mouth, the army the
heart, the fort the hands, and the territory the feet.
Mahabharata also supports this theory and that every
element or the limbs are important for the proper
functioning of the state.
“A King should not hesitate to break any friendship
or alliances that are later found to be
disadvantageous.”

Unit-2
DHARMA,DHAMMA & DANDA
The Concept of Dharma in Hinduism
● The concept of dharma means "righteousness" is one of
the most challenging in Indian philosophical thought.
● This is a Sanskrit term, which means law and can be
understood in various ways.
● Dharma is one of the values of an individual.
● As per the ancient Indian thought, it is dharma that
sustains the universe and both the king as well as the
 people must adhere to it. Only the sages had the power
to interpret this dharma or the Sacred Law.
● The word Dharma could be interpreted into two aspects:
1. One is religious convictions and
2. Second is a set of duties or a code of conduct.

● Conduct of virtuous man who know Vedas, Shruti (Veda),

traditions/customs, and satisfaction of one's conscience
are other sources of dharma mentioned in texts.
● Sruti (what was heard) and smriti (what was
remembered) were regarded as Sanatana-dharma
(eternal law)
● There are multiple sources available to recall the concept
of dharma across various religious texts in Hinduism.
● The early Vedic period dates from around 1500 B.C.
when the Aryans invaded India from the north-west and
settled in the plains of Punjab.
● The Rig- Veda, consisting of hymns in praise of the gods,
might have been composed around 1200-1000 B.C. This
is the period when the concept of Rta (cosmic order) was
born.
● Rta is both the law of righteousness and of cosmic
equilibrium and combines in itself the notion of an
integrated whole in which gods, men and nature
participate.
● Dharma is a social concept. Dharma functions along with
Kama (Desire) and Artha (wealth) all together known as
Trivarga (three-fold principles).
 ● Later speculative thinkers came to hold in favour of
moksha (liberation) or apavarga (a principle beyond the
Trivarga) it was the threefold values of artha, kama, and
dharma which governed the lives of the majority.
● Hinduism, it believed that this meaning of life is four-fold:
1. Dharma : Righteousness or one’s duty
2. Artha : Wealth
3. Kaama : Desire
4. Moksha : Liberation

It is believed that the purpose of human life upon earth is to

follow the law (Dharma) of God and achieve salvation
(Moksha) or freedom from his false self or ignorance
(ahamkara) by leading a balanced life in which both material
comforts and human passions (Kama) have their own place.

These four aspects are collectively known as Purusharthas

in Hinduism. Different Purusharthas play major role in different
phases of a man’s life. One cannot ignore one of these
aspects and its objectives, and further progress in life.

Dharma is one of the type of Purushartha. The various

dharmas are classified into:
1. Sadharana dharmas
2. Varna dharmas (those varying with one's station in life)
and
3. Asrama-dharmas (those varying with stages in life).
The third type of dharma, that which varies with stages in life.
Ashram means “a place of spiritual shelter.” Each stage of life
is not only a natural part of the journey from cradle to grave,
but a time at which spirituality can be developed.

Each of the four ashrams has its specific duties. The main
ones are listed below:

● Brahmachari (Student Life)

The brahmachari-ashram, often away from the home
(somewhat like a boarding school), was primarily
intended for fostering spiritual values. Memorisation and
skill development were subsidiary to character formation
and self-realisation. Even sons of the royal family were
expected to undergo this austere and rigorous training.
The first (student life) is typified in the life of preparation
and self-discipline.

● Grihasta (Household Life)

The second or householder stage is where the facticity of
the pursuit of artha and kama comes into full play.
Traditionally some men remained lifelong celibates,
either remaining as brahmacharis or immediately
becoming sannyasis. Others were required to marry,
extending their responsibilities to include wife, children,
relatives, and society in general. This ashram is the only
one permitting sexual gratification.
 ● To make money and to enjoy sensual pleasure
according to ethical principles.
● To perform sacrifice and observe religious rituals.
● To protect and nourish family members (wife,
children, and elders).
● To teach children spiritual values.
● To give in charity, and especially to feed holy people,
the poor, and animals.

● Vanaprashta (Retired Life)

The third stage, vanaprastha. retreat to the forest. is
analogous to what we mean today by retirement, and
significantly. in industrialized societies it often takes the
form of a shift from the city to the country. After the
children have left home and settled, a man may gradually
retire from family responsibilities and, with his wife, begin
to focus his mind on spiritual matters. Often he goes on
pilgrimage. His wife may accompany him, but all sexual
relationships are forbidden. Vanaprashta literally means
“forest-dweller.”
● To generally devote more time to spiritual matters.
● To engage in austerity and penance.
● To go on pilgrimage.

● Sannyasa (Renounced Life)

This position is traditionally available only to men who
exhibit the qualities of a brahmana. The man would leave
home and family and was prohibited from seeing his wife
 again. Considered civilly dead, he was free to wander,
living a life dependent on God alone. The sannyasis are
conspicuous in their saffron dress. They are often called
sadhus (holy people) although today not all are genuine!
● To fully control the mind and senses, and to fix the
mind on the Supreme.
● To become detached and fearless, fully dependent
on God as the only protector.
● To teach and preach the importance of
self-realization and God-consciousness, especially
to the householders, who often become distracted
from their spiritual duties.

The discipline of the four stages is a discipline of growth. of

progressive non-attachment. To phrase it like this is to see
how the four asramas are connected with the fourth moksha.

Moksha
● This is the highest pursuit of life and leads to liberation
from samsara or the cycle of birth and death.
● The concept of moksha or liberation came from these
people.
● A distinct class of people called sadhus in India, started
moving away from the cities and villages and dwelling in
the forests, meditating and seeking answers to
questions.
 ● Buddha and Mahavira founded Buddhism and Jainism
respectively by following the paths of these sadhus or
rishis in the forests.
● Both these religions promoted the aspect of liberation by
meditation and by giving up everything one owns.
● Desire became a key word. As I mentioned earlier Kama
and Artha were considered as two desires that one
should avoid and seek the pursuit of Moksha or Nirvana
(the Buddhist and Jain term for liberation).

Rta conception and its meaning

The idea of pataka in the Rigveda is related with the
conception of rta. Rta had a threefold aspect it refers to:
1. The nature's course of things or the regular and general
order in the cosmos.
2. The correct and ordered way of the devatas (with respect
to yajnas).
3. The moral conduct of man.

In Rigveda and Atharvaveda, it is said that the law behind

existence is ṛta and to tamper with it will prove deadly. The
whole of creation is called sat, which has an inbuilt cosmic
law, ṛta. If sat (existence) is a fact, then the value which we
realize out of it is ṛta (cosmic law). When we realize ṛta, the
value of the whole of creation, we are humbled and
naturally become more caring towards the universe. The
entire universe supports our sustenance and the whole of
creation toils for our existence. This awareness infuses
immense gratitude in our hearts.

Plato's Theory of the Metaphor of the

Divided Line
It might be useful at this point to compare the four
purusharthas with Plato's distinction between eikasis, pistis,
dianoia and noesis in his theory of the metaphor of divided
line.
In the process of discovering true knowledge, according to
Plato, the human mind moves through four stages of
development. At each stage, there is a parallel between the
kind of object presented to the mind and the kind of thought
these objects make possible. These objects and their parallel
modes of understanding can be diagrammed as followed:
1. Imagining (eikasis)
2. Belief (Pistis)
3. Thinking (Dianoia)
4. Perfect Intelligence (Noesis)

The first two deal with the sensible world and the latter two
with the intelligible world.Plato is very clear on the point that
there is no route to noesis other than through dianoia.
Comparison with the purusharthas is suggestive. The bottom
two are worldly. There is no route to the fourth other than via
the third. But the progression is not a cognitive one.
● Platonic and the Vedantic viewpoints show considerable
similarity of insight in their quest for the transcendent and
their conceiving of this as an ethico-metaphysical
endeavor.
● Whereas the shift from dianoia to noesis is a shift within
the overarching framework of the intelligible, the
transition from dharma to moksha seems more radical
and this now has to be elucidated.

How Dhamma and Dharma are similar

concept?
● Dharma and Dhamma is same in meaning.
● Dharma is a Sanskrit word and Dhamma is a pali word .
● Raja dhamma and Raja dharma denote duties and moral
obligation of King.
● We say Moksha in Hinduism and Nibbana in Buddhism.
Dharma and Dhamma both mention the importance of
salvation.
● Thus both advocated the concept to guide their king to
rule better in state.
How Dhamma and Dharma are
different concept?
● Dharma is the natural order of the universe; natural law,
cosmic order. Whereas Dhamma is the teachings of
Buddha.
● Dharma is one's obligation in respect to one's position in
society, one's duty. And dhamma is the teachings of the
Buddha as one's personal path to enlightenment.
● Dharma is the basic principles of the cosmos; also: an
ancient sage in Hindu mythology worshipped as a god by
some lower castes;. and dhamma is the teachings of the
Buddha as a practice to be promulgated and taught.
● Thus, Hindu Dharma is more religious- like God’s
command than the Buddhist Dhamma which is more like
natural laws understood by human through sense of
reason.

Origin of Danda
● The term Dandniti was first adopted by Usanasa and
the "Book 'Dandniti' " ascribed to Prajapati is
mentioned in Mahabharata.
● Prajapati is regarded as the creator of Danda.
● Danda was created by God Shiva after long
concentration and even the Science of Politics was made
out of Danda.
 ● Danda is also known as soul of Dharma.
● It is derived from the term Dama - "to restrain" means by
which a person is restrained from misconduct.
● One particular reason behind the religious color of Danda
is that religion gives Danda the authority or sanction.
● Danda was the guarantee of universal happiness and
righteousness.

Concept of Danda
● In Ancient India law was based on the twin conception, 1)
Theology and 2) agreement and as such it is clear that
even in matters of punishment and justice, the theology
had its sway.
● The term Danda is derived from the words Dam and
Danda, which refer to tame, subdue, to conquer or to
restrain and the like.
● General conception about punishment was that it should
help the man or the criminal to reform himself according
to the prescribed codes of Dharma.
● According to Manu, it is only the king who can protect the
entire mankind and for this protection, the king uses
Danda as a means or as an instrument.
● Administration of justice pre-supposes the existence of
an authority. Every organization, Social or Political, must
have some authority without which the human society
can't function.
 ● Manu holds the same view about Danda. Danda saves
Dharma, Artha, and Kāra.
● Only a King who is honest could wield Dand.
● According to Manu Danda was vested in the Amatya.
● If we identify the term Danda with administration we will
have to accept that« there was an officer to execute
Danda into practice. T
● That Officer known as Daad- Nayak, or the
Minister-in-Charge of the administration
● Ancient Indian thinkers were of the opinion that Danda
should not be used as per the whims and fancies of the
rulers, but only when there is presence of any anti-social
elements in the society.
● As per Kautilya, Danda as an instrument for bringing
people under control.
● Danda was simply a part of the four-fold policy of the
state, i.e. "Sama, Dāma, Danda and Bhedä", (re-
conciliation, gift, punishment and division.
● Gautam Buddha treats Danda as reforming or correction.

Dandaneethi:
● Ancient political thinkers suggested that for the sanctity
of the concept, Danda should be used carefully.
● Through Dandaneethi, it becomes easier to bring about
proper progress and balanced system of social and
economic needs.
Danda and RajDharma:
● The ruler in ancient Indian polity is called Dand-Dhar. It is
considered as an essential attribute of royalty.
● The King regulates the state by wielding this weapon of
Danda.
● Danda is supreme in Royal Dharma.
● As per Manu, that man is essentially low, vile and selfish
and can be kept on straight path only with difficulty and
harshness so the concept of Dharma is important.
● Vedic conception was that it was a retribution from
heaven.
● Expiation and Danda are spoken of as twin modes of
purification.
● The principle of purification is also advocated by the
Puranas
● Retribution in its practical character was present in the
Vedas. In Mahabharat also punishment as retribution is
visible in the following words : - " To take revenge on him
who takes revenge, to retaliate, when struck and to do
harm in return, for harm".
● The system of ordeal is as old as Rigveda. According to
Narad and Yagnavalkya ordeal shall be resorted n
default of worldly proofs.
● King was only empowered to inflict Artha and Vadha
Danda (fine and corporal punishment).
● In the republican constitution the Raja or the President
alone had the right to convict the accused but in doing so
he was to be guided by the "Pareni Pustaka" or the Book
 of Precedents. Thus we find that the King honored the
law of the land.

Advocators of Danda
● Gautama has opined that the creation of punishment was
for checking the miscreant and wrong-doers.
● Gautam treats Danda as reforming or correcting
influence.
● Kautilya and Sukra suggested the practical means of
purifying the criminal soul.
● Kautilya said crime is contaminating disease.
● Kamandaka justifies punishment for the purposes of
justice.
● According to YagSavalķya punishment should place the
subject in right path. Before awarding punishment the
following points were taken into consideration :
(1) Motive
(2) Circumstances
(3) Capacity of the criminal, and
(4) the crime.

Types of Danda
Various types of Punishment have been devised over a period
of time.
1. Vadhdanda or Capital Punishment,
 2. Arthadanda or Fines,
3. Vagdanda or Verbal Punishment, and
4. Moral Disapprobation

Pali texts inform us that a Brahmin was not given a privileged

position in the eyes of law and if a Brahmin was criminal he
was sure to be executed.

Conclusion
The sphere of fire, the sun, was as potent a symbol for the
ancient Hindus as it was for the Greeks. What beckons is a
light which is blinding in its intensity. It is tapamya (the
austerity which sears) which leads us in this direction. In the
meantime we are tried in the refiner's fire - the daily round and
common task - the realm of dharma.

Glossary
Dharma - righteousness, virtues, duty
Dhamma - Dhamma is like natural laws, cosmic force which
maintain the order in the nature, nothing divine in it.
Danda - constraint and coercion
Rta - It is the eternal path of divine righteousness for all
beings, including humans and gods, which must be followed
in thought and action to discover and maintain oneself in the
truth.
Purushartha- It refers to the four principal categories of
pursuits in human life namely dharma,artha,kama and
moksha
Ashrams- Ashrama (also spelled asrama) is a term used to
describe any of the four different life stages that a devout
Hindu should pass through.

Unit-3
NYAYA ,NITI
Introduction
● “Nature of Nyaya” by Amartya Sen the renown professor
of economics, is a very important book on the
development of Nyaya.
● According to Sen, Niti is an abstract method that, if
implemented fully, will result in maximum public welfare
and Nyaya, on the other hand.
● Nyaya deals with the enforcement of laws and
regulations.
DEFINITION OF NYAYA
● The concept of Nyaya is one of the most complex
concepts that consumes much scholarly ink yet remains
esoteric and impeccable.
● Plato’s concept, in relation to Nyaya, placed more
emphasis on the real part rather than the procedural
aspect.
● Marx considered Nyaya to be a sham, a mask that
facilitates capitalist exploitation.
● Some people believe that Nyaya is equality, but equality
is also a vague concept. It is a relative concept.
● According to the utilitarian, Nyaya is the greatest task
done for the largest number of people.
● Nyaya is not only for the animation of Nyaya, but also for
the principle of central Nyaya.
● Prof. Sen has built his idea of Nyaya on the silence left
on the principle of Nyaya presented by Rolls. Rawls’
theory deals with a utopian just society.
● Social contract theory, mainly propounded by Rousseau,
Hobbes, and Locke, focused primarily on the institutional
arrangements of a society.
● This approach, which might be called “transcendental
institutionalism,” has two distinctive features.
1. It focuses its attention on being identified as
absolute Nyaya rather than a comparative
comparison of Nyaya and Niti.
 2. In its search for perfection, transcendental
institutionalism focused primarily on getting
institutions right, not real societies.

● In India, for example, classical legal philosophers derided

matsynyaya, or “Nyaya in the fish world,” reflecting the
type of society seen among fish, where a large fish can
swim freely.

THE CONCEPT OF NITI AND NYAYA

● “Niti” can also be described as a “theory of the state” or
political knowledge.
● It is an abstract exercise whose implementation will
maximize public welfare and Nyaya.
● On the other hand, is the “broad concept of real Nyaya,”
which is essentially connected to the world that actually
emerges, not just the entities or rules we have.
● According to Sen, this distinction between Niti and Nyaya
can be seen in European philosophy.
● Hobbes, Locke, Rousseau, Kant, and Rawls all insist on
the establishment of institutions, while Adam Smith,
Wollstonecraft, Bentham, Marx, and Mill all take a more
comparative approach, looking at the social realities as a
whole that are certainly the result of institutions, but also
of other factors such as human behaviour.
● The distinction between Niti and Nyaya is similar to
another well-known distinction in Western legal thought.
 ● Sen cites the example of Gautam Buddha to illustrate the
philosophy of Nyaya as a paradigm of compassion.
● Sen claims that Gautam Buddha’s suffering is easily
understandable and it is possible to “appreciate the
relevance of human life in the argumentative judgments
of the world we live in.

NYAYA AND NITI IN ANCIENT INDIA

● Overwhelmed by the influence of the traditions of section
ethics presented by Anglo, the ancient society of India
often ignored the moral traditions of ancient India.
● It has now become necessary to do exploratory research
into the glorious Nyaya and Niti systems of ancient India,
which are the gold mines.
● In ancient times, the Indian Niti and the judicial system
highlighted or looked at these particulars.
● The supremacy of Niti and Nyaya, which is also the main
point and basis of every modern democratic system, on
which the building of the administration of ancient India
was built.
● Even before the birth of modern writers, this theory
existed in the moral concept of ancient India.
● It is also known from the study of ancient scriptures that
even in the period of ancient India, there was no definite
opinion of any kind regarding the “death penalty”
NYAYA AND NITI ACCORDING TO
THE THINKERS OF ANCIENT INDIA
● Looking at the judicial system of ancient India, it would
have been known that today’s administrative and judicial
systems are still following in the same footsteps.

Kautilya’s Views on Nyaya and Niti

● According to ancient Indian thinkers, Kautilya also laid
great emphasis on the observance of everyone’s religion.
● Kautilya also makes judicial arrangements to punish
them.
● According to him, Nyaya is the life blood of the state.

Kautilya’s Judge Selection

● Kautilya has given the basis of Nyaya in economics to
the king.
● According to him, there is a worthy, dutiful, and
public-welfare king.
● Kautilya gave the responsibility of appointing these
judges to the king.
● The whole legal system of Kautilya is contemporary.
● He placed a lot of emphasis on the decentralization of
the legal system as well as on fair Nyaya.
Manu’s Views on Nyaya and Niti
● Apart from the provision of a council for the creation of
Manu law and the Nyaya system, the public was free to
make their own rules through their federal institutions.
● It includes total, caste, and category.
● Manu describes in his views the composition of the
legislature in an extended form.
● According to him, the number of members of the
Legislative and Council should be about ten, but
according to him, the basis of the composition should be
intellectual and not in the form of numbers.

Manu’s Views the Idea of Punishment

● According to Manu, there are two types of tendencies in
human beings: one devilish and the other divine.
● Under the divine tendency, peace, good, and the rights of
others were also kept in mind, and work was also
motivated to bring happiness to others.
● On the contrary, in the devil’s nature, the judicial rights of
others can be seized solely for self-interest.
● Therefore, Manu clearly gives his opinion that the power
of punishment is very much needed to purify the conduct
of human beings and to follow their religion.
● According to him, punishment should be arranged
according to the amount of guilt the guilty party.
THE “PRINCIPLE OF NYAYA” PRESENTED BY
RAWLS
● Rawls’ Nyaya principle was viewed as a kind of
alternative to the classical utilitarian principle.
● Rawls’ theory of distributive Nyaya is based on the fact
that Nyaya is a system of cooperation for mutual benefit
between individuals living within a society.
● The concept of ‘original position’ played a significant role
in Rawls’ principles along with the ‘veil of ignorance.’
● He believes to base these principles by imagining a
group of people who are unaware of their age, sex, race,
religion, or economic class, wealth, income, intelligence,
talents, etc.
● This group of people would agree upon the following
principles for the realisation of justice :
1. Each person is to have an equal right to the most
extensive basic liberty compatible with a similar
liberty for others.
2. Social and economic inequalities are to be arranged
so that they are both:
● To the greatest benefit of the least advantaged.
● Attached to offices and positions open to all
under conditions of fair equality of opportunity.
● The first principle states that all the people are
to receive the basic liberties and rights that are
basic to human existence.
● Also, these liberties are to be provided equally
to all the masses.
● Few liberties that are basic to all are – freedom
of thought and conscience, liberties necessary
to secure the rule of law, sanitation, health, and
etcetera.
● Basic liberties can’t be infringed for any reason,
even if it were to bring greater economic
prosperity to a larger number of people.
● Unfortunately, economic prosperity would
happen at the expense of the ones that don’t
belong to the larger group.
● The first point of the second principle is known
as the ‘difference principle.’
● It means that even if there is an unequal
distribution of income and wealth then it should
be such that the most disadvantaged should be
better off than they would be in any other kind
of distribution consistent with principle one
including equal distribution.
● The second point of the second principle points
out that society should provide all citizens with
the basic means that would enable them to
participate in the competition. Like education
and health facilities.
COMPARATIVE NYAYA: A CRITICAL
APPROACH
● According to Sen, the most serious flaw in the theory of
Nyaya presented by Rawls is its transcendental
institutionalism.
● Rawls’ theory, based on the social contract tradition,
aims to explain a set of principles that will be of
considerable help in creating the public institutions of a
just society.
● Therefore, the main problem that Sen had with the theory
presented by Rolls was the perfection theory.
● According to Sen, the Rawlsian doctrine loses touch with
reality: it ranges from the Bengal famine of 1943 to the
devastating earthquake in Haiti in January 2010 that
killed more than 150,000 people and left more than two
million homeless.
● Prof. Sen has regarded Nyaya as a genuine approach.
● Rawls says that Nyaya is “Nyaya equal to fairness.”
● Rawls was influenced by Kantian theological ethics when
formulating the concept of Nyaya.
● Kantian deontological ethics is a type of ethics that is
universal in nature and is primarily guided by moral
principles.
● In this context, Rawls uses the metaphor of the “veil of
ignorance” to express his concept of Nyaya as “fairness.”
● The “basic situation” that Rawls is talking about creates a
hypothetical situation, but practically it is never
 multidimensional, diverse, conflicting, or able to
encompass the real and concrete demands of a larger
plurality.
● Sen’s concern is essentially three times Rawls’ theory:
1. The first is the inevitable relevance of actual
behavior;
2. The second is the contractual choice; and
3. The third is the relevance of the global approach.

SEN'S PHILOSOPHY OF NYAYA AS A

MODEL OF NYAYA
● On Nyaya, Sen’s vision involves anthropological
sensitivity: of course, understanding human nature is
insufficient to explain all the questions raised by the
theory of Nyaya.
● Sen bases his opinion on the fact that there is a shared
understanding of human beings embedded in many
competing conceptions of Nyaya, and the readiness to
resist Nyaya and the tendency to do so by participating in
meaningful public debates.
● Slavery abolitionists in the eighteenth and nineteenth
centuries did not believe that abolishing slavery would
make the world perfectly just. Rather, he claimed that it
was based on a society.
● Slavery was completely unjust, and it needed to end
immediately
● Slavery prioritised freedom from the intolerable in Nyaya
and did not necessitate seeking consensus on what a
perfectly just society would look like.
● Sen asserted that his concept of Nyaya is not just a
matter of consequences.
● In fact, his definition of Nyaya includes a holistic
approach to both processes and outcomes.
● Ultimately, Nyaya is connected to people’s ways of life,
not just to the nature of the entities around them.
● Professor Sen took the example of early Indian
jurisprudence to shed light on many concepts of Nyaya,
such as’ Niti ‘and’ Nyaya.
● In other words, it is necessary to assess the role of
institutions based on how much inclusivity is reflected in
them.

CONCLUSION
● It is impossible to determine if Rawls’ “concept of Nyaya”
is superior to Sen’s “idea of Nyaya,” hence it is not a
good idea to debate this point.
● On the other hand, it may be claimed that Sen’s
interpretation of Nyaya “completes and develops Rawls’
idea of Nyaya.”
● Sen’s work should be seen as a modification of Rawls’
political theories rather than as an alternative strategy.
 ● First, the nature of Nyaya in our world is often global, and
national law is too narrow as a lens through which it can
be studied and analyzed, as well as a tool to combat it.
● Second, the only concentration on national law excludes
international perspectives, one of the most rigid
obstructive aspects in the struggle against Nyaya
● In any case, Sen encourages legal education to meet a
greater number of comparative, international, and, most
importantly, international perspectives.
● Karl Marx’s theory was about an ideal society in which
the workers were no longer subservient classes.
● However, both Rawls and Amartya Sen are treading the
same path and have similar opinions in this regard that
the concept of utilitarianism, or a system that promotes
only the welfare of the majority or the happiness of the
greatest number, is not correct.

Unit-5
RAJYA, RASHTRA
INTRODUCTION
● Man is a social animal. Due to this human tendency and
need, institutions like family and society developed.
 ● Therefore, the development of human society took place
in the form of a state-nation.
● Nation based on the feelings and thoughts of man and
the emergence of an institution like the state as a political
basis.
● A nation is said to be a group of people who live
permanently in a certain area and have similar social
identity, common history, language, culture and political
consciousness

DEFINITION OF RAJYA AND RASHTRA

● State is a political concept which is made up of:
1. Fixed territory
2. Population
3. Government
4. Sovereignty
● Western scholars consider nation and state to be a
modern concept.
● Western believes nation and state as modern concepts
however Indian thinkers differs from this notion.

EVOLUTION OF RASHTRA
● The evolution of Rashtra in India from Rigveda to
Atharvaveda, the word Rashtra is mentioned in various
Mantra and Samhitas.
● The word Rashtra has been used many times in Brahmin
texts and Smritis.
● In Vishnu Purana, the name of the year, land, borders,
people, rivers, mountains etc. have been depicted with
pride.
● Kalidasa in his epic ‘Raghuvansham’ has written about
Indianness and Swarashtra.
● In Buddhist texts also, the words raja (state) and ratha
(nation) have been used at many times.
● Based on various stories and facts, it can be said that at
that time there is a possibility of having many nations
under one state.
● In this way, the concept of nation-state is not only
mentioned in Vedas, Upanishads, Smritis, Mahabharata,
Ramayana and Buddhist texts in India.
● From the Huns, Shakas, Turks, Mughals to the British,
tried to break the Indian culture and governance system.
● In the modern period, the development of the concept of
nation took place as a protest against the colonial rule,
mainly after the revolution of 1857.
● Many social reformers like Raja Ram Mohan Roy, Swami
Dayanand Saraswati, Ram Krishna Mission, Annivasant
and Swami Vivekananda laid the foundation of
nationalism on the basis of which India’s freedom
struggle was fought.
● The concept of nation like Bande Mataram by Bankim
Chandra Chatterjee, Ganpati festival of Tilak, Hindu
 philosophy of Arvind Ghosh, Hindu Rashtra by Savarkar
took forward the concept of nation.
● Today India is established as a nation and state.

EVOLUTION OF RAJYA
● The controversy exists away the scholars as to the use
and meaning of the term ‘rajya’.
● In most parts of the ancient and medieval India, as also
during the 16th-17th centuries in the West, the word
“state came to be commonly understood somewhat
identical with the terms “sovereign’ or ‘king’ or ‘raja'.
● With the rise of the nation-state and subsequently, the
democratization of the structure of the governmental
bodies the state came to be known as what it is known
now.
● The state is now the whole community, the whole legal
association; the whole of the juridical organization.

The State in Ancient India

● The State in ancient India was not, as it was with the
17th-18th centuries.
● The state was considered a political instrument to
promote the cause of the Dharma.
● In ancient India, the absolute authority was rarely or
never used; it was though not a state chosen by the
 people, but it was certainly a state which existed or cared
the welfare of all dharma as a base of the state.
● The king, referred to as dhritavarla, was regarded as the
upholder of the sacred law. That was why he is called
dharmapati in Satapatha Brahmana.
● The state, we may therefore say, in India, provided for
both material and moral development of the individual,
leading ultimately to the fullest development of the
society.
● The ancient Indian society, wedded to Dharma, was one
where the state.
● The State in medieval times) India personified itself with
the king; the king was, thus, the personification of the
state.
● Origin of kingship mentioned in Manu’s theory of the
divine origin or Kautilya’s theory of social contract.
● With regard to the origin of kingship Varma believes that
it arose in the vedic period as a part of the process of
integration of families, tribes, clans, and villages into
rashtra or a state.
● Law (Aspects of Ancient Indian Polity), on the other
hand, regards kingship as the handiwork of the
magicians who gradually turned themselves into kings.
● But once kings came, kingship, and state became one;
the office of the king was the institution of the state.
● The Ramayana refers to the origin as well as the
institution of the state.
● The importance of the state has also been noted in the
Mahabharata, for the Arajaka states are regarded not
worth dwelling.
● The end of the state, in the Mahabharata, is referred to
as the attainment of the four objects of life- Dharma,
Artha, Kama and Moksh.
● The Puranic state makes Dharma as its basis; by
Dharma is meant truth. Dharma, thus it is more or less a
law upholding state.
● The divine origin theory of the state, the Manu Smriti
makes the state a Saptanga having limbs such as the
Lord, Minister, Capital, Rashtra, Treasure, Army, Ally,
mentioning swarashtra and Mandal rashtra.
● The state, in the Sukraniti, consists of seven limbs, i.e.,
the state being a kingdom, the organization of seven
limbs:
1. The sovereign is the head
2. The minister is the eye
3. Friend is the year
4. The treasure is the mouth
5. The army is the mind
6. The fort is the arms and
7. The state is the legs

● Similarly Kautilya also explained about state however he

mainly emphasized on seven elements of State which
are:
 1. Swami
2. Amatya
3. Janapada
4. Durga
5. Kosa
6. Danda
7. Mitra

● With regard to the origin of the state, Kautilya seems to

have adverted social contract theory.
● The Kautilyan state is monarchical, for he desired to
establish a strong and powerful monarch with a view to
protect the life and property of the state.
● In Kautilya’s views, the promotion of the welfare of the
people is an essential task of the king personified in the
institution of the state.
● To conclude, according to Kautilya, were confined not
merely to the maintenance of law and order or the
protection of the people, but extended to enable the
individual attain the highest development.

The State in Asoka’s Dhamma

● Dhamma is the Prakrit form of the Sanskrit word Dharma,
meaning the universal law or righteousness.
● Asoka’s inscriptions consist of two types:
1. The small group, the edicts, describe his adherence
to Buddhism,
 2. Two larger group, as inscribed on rock surfaces,
include Major and Minor Rock edicts, and the Pillar
edicts, propagating his ideas, in the manner of
exhortations to his subjects.
● A brief summary of the Major Rock Edicts and the Pillar
Edicts gives Asoka’s theory of state, the Minor Rock
Edicts dealing purely with his Buddhist activities.

● Dhamma of Asoka assumes a state of non violence,

incorporating a number of ideals and practices.

● Abstinence from killing was an important one

.
● Also was important in Asoka’s Dhamma’s social and
political theory, a programme of social welfare such as
providing medical facilities, good communications and
prohibiting useless expenditure on superstitions.

● Dhamma, the righteousness, remains the very basis of

Asoka’s theory of State.

Medieval Era
● The Ain-i-Akbari describes the state as it existed in the
medieval India.
● Ain-i-Akbari is a 16th century document.
 ● The state, as the Ain-i-Akbari states, is a divine
institution, the royalty being a light emanating from God,
and a ray from the sun, the illuminator of the universe.
● Akbar used to worship the sun as the visible
representative of God, and the immediate source of life.
● Through God, the king obtains qualities such as:
1. Paternal love towards the subjects;
2. A large heart : nothing disagreeable unsettles him,
nothing discriminatory elements obstruct him,
nothing indecisiveness rebutes;
3. A daily increasing trust in God : God makes do him
the act, whatever he does, he does on the dictates
of God,
4. Prayer and devotion
● The king is more than a ruler in the Ain-i-Akbari.
● The Ain-i-Akbari, therefore, refers to fourfold division of
officer. These are:

1. The Nobles
● The nobles resemble fire, being ardent in devotion and
conquering in dealing with foes like Vakil.
● The Mir-mail; i.e. the keeper of the real, the Mir-yakhshi,
the Bar-begi, the Qurbegi, the Mir-tozak the Mir-yahri, the
Mirmanzil, the Khawan rātār, the Munshi, the Qush-begi,
the Akhtabegi—all these, the ministerial staff assigned to
perform their respective duties.
2. The Assistants
● This include Vizier also called Diwan together with the
Mustawfi, the Sahib-i-tawzi, the Awarja Nawiz, the
Mir-saman, the Nazir-i-Buyutat, the Diwan-i-Buyuttat, the
Mushrif, the Waqil’a Nawis, the Amil all these collectors
of revenue, who in the administration.

3. The companions
● The companions of the king, known as the ornaments of
the court by the light of their wisdom, resemble water in
the affairs of the body-politic.
● At the head of this class stands the philosopher and
include in it the Sadr, the Mir-Adl, the Qazi, the physician,
the astronomer, the poet, the soothsayer

4. The servants
● They occupy in the system of the state the position of the
earth.
● The table servant, the armor bearer, the servants in
charge of the sharbat and the water, the servant in
charge of the mattresses and the wardrobe belong to this
class.
● The Ain-i-Akbari mentions four persons as the chief
supports of the state. These are :
1. An upright collector : he protects the
husbandman, watches over the subjects, develops
the country and improves the revenues;
 2. A conscientious commander of the army: he is
active and strict;
3. A Chief justice: he is free from avarice and
selfishness, who sits on the eminence of
circumspection and insight, and obtains his ends by
putting various questions, without exclusively relying
on witnesses and oaths;
4. An intelligencer: he transmits the events of the
time without addition or diminution; he always keeps
to the thread of truth and penetration.

● The theory of state in the ancient and medieval India, by

way of conclusion, may thus be described as the theory
of benevolent monarchy.
● As against the western state type the Indian state of
ancient and medieval times has been non-exploitative,
promotive, accommodative, its all comprehensiveness
notwithstanding.

Modern Era
● The entire western world including India considers the
nation-state to be a modern idea.
● In colonial countries like India, the growth of nationalism
erupted as an opposition to imperialism.
● From 1857 revolt to independence day, India has came
long way.
● India has been established as a strong nation since
independence and is growing ahead.

Conclusion
● Indian civilization and culture is very ancient, full of
different types of diversity.
● Based on the theory of the modern state, though the
formation of India as a state-nation is considered since
1947.
● Based on the available literary evidence, it can be said
that India as a nation existed from the Vedic period.
● Scholars like Shankar, Chaitanya, Vivekananda, Tagore,
Savarkar and Gandhi represent the global vision of the
Indian state – nation, from ancient times to Till date,
India’s identity has been "Vishwadhaiva Kutumbakam".
● India as a state-nation is a supporter of justice and
humanity, so today it is marching towards becoming a
Vishwa guru through cultural nationalism.
 Unit-6
VARNA,JATI
Introduction
● Varna and Jati have played an important role in the social
and political structure of India since ancient times.
● Today, there are more than three thousand castes and
sub-castes in India, and castes are related to Varna.
● In India, Varna and Jati have been interrelated; from
Vedic texts to Upanishads and other ancient texts,
evidence of the varna system is found.
● In the Vedic texts, it is written that it was based on labor
and occupation.
● Common occupation and social relations determine
caste.
● Varna divides society into four varnas:
1. Brahma
2. Kshatriya
3. Vaishya, and
4. Shudra

● The word “Varna” is believed to originate from a large

metal, which means to describe or select; this selection
refers to the selection of business.
 THE VARNA SYSTEM IN INDIA
● People were classified according to their Varna or castes
in ancient India during the Vedic Period (c. 1500-1000
BCE).
● 'Varna' signifies the colour, kind, order, or class of
individuals and specifies their ancestral roots.
● Different scholars have different views about the origin of
the varna system.
● It is written in the Purusha Sukta of Rigveda that
Brahman emerged from the mouth of a great man,
Kshatriya emerged from the arm, Vaishya emerged from
the thigh, and Shudra emerged from the feet.
● Brahmins (priests, gurus, etc.), Kshatriyas (warriors,
kings, administrators, etc.), Vaishyas (agriculturalists,
traders, etc.,sometimes known as Vysyas), and Shudras
(labourers) are the four main types.
● Each Varna has its own set of life principles to follow, and
infants must adhere to the Varna's core customs, norms,
behaviour, and beliefs.
● These four Varnas make up a community, and their
devotion to the Varna laws ensures that wealth and order
are maintained.
● Individual interests and personal preferences are treated
with equal solemnity by a newborn in a certain Varna, in
order to resolve the contradiction between personal
choice and conventional regulations.
 ● Each Varna citizen's rights are constantly paired with
their own obligations.
● The Manu Smriti (an ancient legal treatise from the
Vedic Period) and subsequent Dharma Shastras have
an extended Varna system with insights and logic.
● In theory, Varnas are not pure and undeniable lineages,
but rather categories, implying that behaviour takes
precedence over birth in determining a Varna.
● Some scholars consider religion and karma as the basis
for the emergence of the Varna system.
● There are four basic needs of society: - First, education,
i.e., reading and learning: teaching; Brahman’s work;
second, work related to governance and security
systems; third, the Kshatriya’s work of economic
production and development; and the Shudra’s work of
artificial service.
● The concept that doing Varna obligations would lead to
moksha is the fundamental rationale for doing so.
● Conviction in Karma strengthens one's belief in the
Varna life values.

EVOLUTION AND NATURE OF THE

VARNA SYSTEM
● It is generally known that the system of Varna developed
after the arrival of Aryans in India around 1000 years
ago.
● But since then the Varna System has existed, although
there has been a change in its form.
● The evidence of ancient texts shows that Brahmin class
has occupied the highest position among all other
civilizations on the planet.
● The simplicity of the beginning gradually became
complicated.
● The rules and laws prescribed for all castes gave rise to
a sense of sangha between the Brahmin Kshatriyas.
● Shudras were separated from intellectual and religious
works in this.
● During the Vedic period, which lasted from 1500 to 1000
BCE, the caste system was implemented and recognised
in ancient India.
● 6th century BC by then, the varna’s situation had become
so complex that Buddha and Mahavira had opposed
many of the evils arising in it.
● Later, Manu also formulated elaborate rules for different
classes.
● Thus, caste was born in place of varna.
● Some Shudras like Matang, Vidur gained a prestigious
place in society at that time by doing good deeds.
● In the Manusmriti text, the Shakas are called “Vratya
Kshatriyas,” who are generally considered to be devout.
● External invasions had caused chaos in society after the
Gupta period, so an attempt was made to establish the
varna system by providing it with a solid foundation.
ORIGIN OF JATI (CASTE SYSTEM)
IN INDIA
● The word caste derives from the Spanish and
Portuguese “casta”, means “race, lineage, or breed”.
● ‘Jati’ originates from the root word ‘Jana’ which implies
taking birth. Thus, caste is concerned with birth.
● There are many theories like traditional, racial,
political, occupational, evolutionary etc which try to
explain the caste system in India.

1. Traditional Theory
● According to this theory, the caste system is of divine
origin. It says the caste system is an extension of the
varna system, where the 4 varnas originated from the
body of Bramha.
● At the top of the hierarchy were the Brahmins who were
mainly teachers and intellectuals and came from
Brahma’s head.
● Kshatriyas, or the warriors and rulers, came from his
arms.
● Vaishyas, or the traders, were created from his thighs.
● At the bottom were the Shudras, who came from
Brahma’s feet.
● The mouth signifies its use for preaching, learning etc,
the arms – protections, thighs – to cultivate or business,
 feet – helps the whole body, so the duty of the Shudras is
to serve all the others.
● The sub-castes emerged later due to intermarriages
between the 4 varnas.
● The proponents of this theory cite Purushasukta of
Rigveda, Manusmriti etc to support their stand.

2. Breed-based Theory
● The Sanskrit word for Jati (caste) is varna, which means
color.
● The caste system took its birth after the arrival of Aryans
in India.
● Rig Vedic literature emphasizes very significantly the
difference between Aryans and non-Aryans.
● The varna system prevalent during the Vedic period was
mainly based on the division of labor and occupation.
● The Rig Veda often mentions the three classes: Brahma,
Kshatra, and Vis.
● Brahma and Kshatra represented the poet-priest and
warrior-chief, respectively. Vis included all the common
people.
● The name of the fourth class, “Shudra,” appears only
once in the Rig Veda. The Shudra class represented
domestic servants.
3. Political Theory
● According to this theory, the caste system is a clever tool
invented by Brahmins to place themselves on the highest
ladder of the social hierarchy.
● The Brahmins also combined the concept of the king’s
spiritual merit through a priest or priests to get the
support of the ruler of the country.

4. Professional Theory
● The hierarchy of Jati is according to occupation.
● Occupations that were considered superior and
respectable made those individuals better than those
who were engaged in dirty businesses.
● Occupational differentiation and many subspecies, such
as blacksmiths, chamars, and Teli (oil pressers), came
along with functional differentiation.

5. Developmental Theory
● According to this theory, the caste system did not come
into existence on any particular date.
● It is the result of a long process of social development.
● Family-based business
● Brahmins want to keep themselves pure.
● Lack of rigid unitary control of the state.
● Reluctance of rulers to enforce a uniform standard of law
and custom
 ● The “Karma” and “Dharma” theories also explain the
origin of the caste system.
● Confirmation of one’s religion occurs even at birth in the
rich upper caste, and the violation gives rise to the lower
and poorer castes.
1. Geographical isolation of the Indian peninsula
2. Foreign invasions
3. Rural social structure
● The caste system developed strongly after the Mauryan
period, mainly after the establishment of the Shunga
dynasty by Pushyamitra Shunga,; this dynasty was the
strong protector of “Brahmanism.”

FEATURES OF THE JATI (CASTE

SYSTEM) IN INDIA

1. Division of Society
● Society is divided into various small social groups called
castes.
● Each of these races is a well-developed social group, the
membership of which is determined by birth.

2. Hierarchy
● According to Louis Dumont, castes teach us a
fundamental social theory of hierarchy.
 ● At the top of this hierarchy is the Brahmin caste, and at
the bottom is the untouchable caste.
● There are intermediate castes in the middle, whose
relative status is not always clear.

3. Endogamy
● Endogamy is the chief characteristic of caste, i.e. the
members of a caste or sub-caste should marry within
their own caste or sub-caste.
● The violation of the rule of endogamy would mean
ostracism and loss of caste.
● However, hypergamy and hypogamy (marriage with a
person of lower social status) were also prevalent.

4. H ereditary status and occupation

● The Greek traveler Megasthenes of India in 300 BC
mentioned hereditary occupation as one of the two
characteristics of the caste system, the other being
endogamy.

5. Restrictions on food and drink

● The taboo of cooking, which defines individuals who can
cook food.
 ● The taboo of eating can determine the ritual to be
followed in the meal.
● A prohibition that relates to the person with whom one
can take food.
● Brahmins in North India only accepted cooked food
(cooked in ghee) from certain castes below them.
● However, no person will accept raw (cooked in water)
food prepared by the lower caste.
● Beef was not allowed by any caste except Harijans.

6. A special name
● Every race has a special name, although we can
recognize it. Sometimes, a business is also associated
with a particular caste.

7. Caste Panchayat
● The status of each caste is carefully protected not only
by caste laws but also by conventions.
● These are implemented openly by the community
through a governing body or board called a caste
panchayat.
MAJOR FUNCTIONS OF THE JATI
(CASTE SYSTEM)

● It continued the traditional social organization of India.

● It has accommodated multiple communities by ensuring
each of them a monopoly of a specific means of
livelihood.
● Provided social security and social recognition to
individuals. It is the individual’s caste that canalizes his
choice in marriage, plays the roles of the state-club, the
orphanage and the benefits society.
● Besides, it also provides him with health insurance
benefits. It even provides for his funeral.
● It has handed over the knowledge and skills of the
hereditary occupation of a caste from one generation to
another, which has helped the preservation of culture and
ensured productivity.
● Caste plays a crucial role in the process of socialization
by teaching individuals the culture and traditions, values
and norms of their society.
● It has also led to interdependent interaction between
different castes, through jajmani relationships. Caste
acted as a trade union and protected its members from
the exploitation.
● Promoted political stability, as Kshatriyas were generally
protected from political competition, conflict and violence
by the caste system.
 ● Maintained racial purity through endogamy.
● Specialization led to quality production of goods and thus
promoted economic development. For eg: Many
handicraft items of India gained international recognition
due to this.

DYSFUNCTION IN THE JATI (CASTE

SYSTEM)
● The caste system imposes a curb on economic and
intellectual advancement and is a major obstacle in the
way of social reforms as it restricts economic and
intellectual opportunities to a certain section of the
population.
1. It reduces the efficiency of labor and prevents the
full mobility of labor, capital, and productive effort.
2. It perpetuates the exploitation of economically
weaker and socially inferior castes, especially the
untouchables.
3. It has caused untold hardships for women by
insisting on practices such as child marriage,
widow-remarriage prohibition, women’s segregation,
and so on.
4. She opposes real democracy by giving political
monopolies to Kshatriyas in the past and acting as a
vote bank in the current political scenario. There are
political parties that represent only one caste. For
 example, the BSP was formed by Kanshi Ram
mainly to represent SCs, STs, and OBCs.
5. It has stood in the way of national and collective
consciousness and proved disruptive rather than a
unifying factor. Caste conflicts are widely prevalent
in politics, reservations in jobs and education,
inter-caste marriages, etc., such as the demand for
Jati reservation and agitation by the Patidar
community.
6. There is scope for religious conversion. Due to the
atrocities of the upper castes, the people of the
lower castes are converting to Islam and
Christianity.
7. The caste system stands in the way of
modernization by forcing an individual to act strictly
according to caste norms, resisting change.

INDIA HAS A DISTINCT JATI (CASTE

SYSTEM) AS A SOCIAL SYSTEM
● There has been a cultural continuity in India that no other
civilization has had.
● Ancient systems, religions, and cultures of other
civilizations are mostly gone.
● In India, history exists, and even external empires
co-opted the system rather than replacing it.
 ● Caste has been merged into a modern religion, making it
difficult to remove it.
● India has integrated many systems more easily. What is
known as “caste” in Portuguese or English is actually
composed of 3 different components: caste, mass, and
character. Caste is a commercial identity. The mass is an
ethnic identity. Character is a philosophical identity. They
have been more tightly mixed over the centuries.
● In the world’s most transformative period—the last 3
centuries—India spent most of it under European
colonialism. As a result, India has changed numerous
times. Most of the changes in the system came only in
1950, when India became a republic.
● Theoretically, caste as a cultural phenomenon (i.e., as a
matter of ideology or value system) is found only in India,
whereas when it is seen as a structural phenomenon, it is
also found in other societies.
● The structural-specific view of caste states that the caste
system is confined to Indian society.

DIFFERENCE BETWEEN VARNA AND

JATI
VARNA vs JATI
● Varna’s are only four in number i.e. Brahmin, Kshatriya,
Vaishya and Sudra
 ​ astes are very large in number. Castes also have many
C
subdivisions known as sub-castes.(J)

● L
​ iterally ‘Varna’ means colour and originates from the
world ‘Vri’ meaning the choice of one’s occupation.
Hence Varna is concerned with one’s colour or
occupation.
​Caste or ‘Jati’ originates from the root word ‘Jana’ which
implies taking birth. Thus, caste is concerned with
birth.(J)

● I​t is an all-India phenomenon.

​Presence of regional variations mostly based on linguistic
differences.(J)

● M
​ obility pattern Varna’s are relatively flexible with one’s
talent and knowledge, compared with the castes.
​Jati is based on rigid principles and mobility is less. It is a
closed type of stratification(J)

● V
​ arna-class correlation is mostly positive.
Caste-class correlation is not always positive, There may
be variations in the placement due to economic, political
arid educational status of various groups.(J)
 CONCLUSION
● Despite differing views on the origins of caste, society
accepts this system.
● In practice, the concept of high and low stratification in
the caste system is reflected.
● The Constitution forbids discrimination on the basis of
caste and caste, but some traditions in society are based
on caste and caste.
● Therefore, it can be said that varna and caste are a
medium for understanding Indian society, whose
existence can be seen from the Vedic era.

Unit-4
SABHA,SAMITI
INTRODUCTION
● The chief or the king in the Rig Vedic period did not
exercise unlimited power, for he had to reckon
administration with the tribal organizations like Sabha,
Samiti, and Vidhata.
● It is described in the Rigveda and Atharvaveda.
 ● Just as ‘Arcopegus’ was the role of the Sabha and the
Samiti in India, in the Greek people, in the ‘Curia’
Romans.
● The Sabha was also called the “people and the council.
In ancient Sanskrit texts, popular institutions like Sabha,
Samiti, Vidath, Sangram, and Parishad have been
mentioned.

ORIGIN AND DEVELOPMENT

● Thinkers have different opinions about the origin and
development of these concepts.
● With the development of man’s political life, “Sabha and
Samiti” emerged.
● Altekar has mentioned three types of meetings – Sabha,
Samiti, and Vidath– but said that it is difficult to give a
definite meaning to these words.
● In ‘Parashar Madhava’, Jupiter has described four types
of meetings:
1. Achal Sabha, which used to take place in the village,
2. Chal Sabha - The Sabha of learned persons who
used to visit,
3. The Empowered Samiti—the Superintendent was its
head,
4. Sabha as per command—The king was its head.

● Bhrigu has also mentioned some simple meetings in this

book which were of certain castes.
● Charaka has also mentioned two types of meetings:
1. The first is the meeting of learned people, and
2. The second is the meeting of the public.

● Shende has written that the word ‘Parliament’ has been

used in place of the House in Atharvaveda and its
members have been called corporators.
● Ludwick believes that the meeting was attended by upper
class people, such as priests and wealthy people.
● Ordinary people were members of the Samiti.
● Hillebrand believes that both the Sabha and the Samiti
were the same.
● The place where people gathered was called the Sabha,
and the gathering group was called the Samiti.
● In Vedic texts, the gathering is generally described in two
ways, the first is the gathering of Vedic people, and the
second is the place where people used to gather.
● The reputation of the Sabha as a common institution was
also similar, but initially its role was limited.
● Both the “House and the Samiti” had the right to debate.

SABHA
● The term Sabha occurred eight times in the Rig Veda
and seventeen times in the Atharva Veda.
● In one instance, Sabha referred to a meeting hall. In
other instances, Sabha referred to a “body of men
shining together.”
 ● Sabha was a select body of elders. The head of the
Sabha was known as ‘Sabhapati’.
● The Sabha advised the king on administration. It
discussed pastoral affairs and performed judicial and
administrative functions and exercised judicial authority.
It functioned as a court of law and tried the cases of
criminals and punished them.
● The term Sabha denotes both the assembly (in early
Rig-Vedic) and the assembly hall (later Rig- Vedic).
● Women called Sabhavati also attended this assembly.
● It was basically a kin-based assembly and the practice of
women attending it was stopped in later-Vedic times.
● Rig-Veda speaks of the Sabha also as a dicing and
gambling assembly, along with a place for dancing,
music, witchcraft, and magic.
● The Sabha, situated outside of settlement, was restricted
to the Vratyas, bands of roving Brahmins and Kshatriyas
in search of cattle, with a common woman (pumscali)
while the vidatha was the potlatch-like ritual distribution
of bounty.

SAMITI
● The term samiti occurred nine times in the Rig Veda and
thirteen times in the Atharva Veda.
● The Rig Veda stated that one could not rule without a
samiti. One Vedic reference described a raja’s (ruler)
 presence in a samiti. Another reference described
several rulers sitting together in a samiti.
● The Rig Veda reported people in a samiti discussing their
cattle. One Rig Veda prayer called for agreement and
unity of thought in the samiti.
● The Atharva Veda included the prayer of a Brahman
priest on behalf of a samiti.
● The references to samiti come from the latest books of
the Rig-Veda showing that it assumed importance only
towards the end of the Rig-Vedic period.
● Samiti was a folk assembly in which people of the tribe
gathered for transacting tribal business.
● It discussed philosophical issues and was concerned
with religious ceremonies and prayers.
● References suggest that the Raja was elected and
re-elected by the Samiti.

RELATIONSHIP BETWEEN “SABHA

AND SAMITI”
● In the beginning, there was no difference between the
Sabha and the Samiti. Both were called daughters of
Prajapati.
● In the early Vedic Age, the Sabha and Samiti had a
commendable role to play as the political organization of
the Aryans.
 ● Both were mobile units led by chiefs who kept moving
along with the forces.
● The only difference between Sabha and Samiti seems to
be the fact that Sabha performed judicial functions, which
the Samiti did not.
● Later, the sabha became a small aristocratic body and
samiti ceased to exist.

COMPARISON WITH EXISTING

REPRESENTATIVE ORGANIZATIONS
● “Sabha and Samiti” existed as a public representative
institution in Vedic times.
● First, if we look at the similarity of the Sabha and the
Samiti with modern institutions, then like Parliament, the
“Sabha and Samiti” are also used to do the work of
convention, debate, control over governance, election of
the ruler and control with responsibility.
● But after so many similarities ,there were some
differences too.
● There is no evidence of the rules by which the House
and the Samiti were governed or of which subjects they
had jurisdiction.
● The king was the head of both the rule and the judiciary.
● Having public loving representative institutions is very
important in the matter of Indian governance. “Sabha and
Samiti” reflect the glory of the Vedic period.
 CONCLUSION
● Thus, in conclusion, it can be said that in the Vedic
period, “Sabha and Samiti” were the major popular
public-funded monarchical institutions.
● The Sabha was a local body in the rural area, which was
small.
● The Samiti functioned as a central body which had a
wider scope than that of the Sabha.
● The influence and dominance of the priestly, the rich,
powerful class over these institutions increased, making
the king also autocratic.
● Ultimately, it can be said that in the Vedic period, the
“Sabha and Samiti” was the principal public body of
social, religious, and political discourse.

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