Appendix-114

Resolution No. 38 {38-1 [38-1-13(7)]}

B. A. (Hons.) Political Science

Semester-I
Course Credits - 4
Discipline Specific Core Course (DSC-2)
IDEAS AND INSTITUTIONS IN INDIAN POLITICAL THOUGHT

As per the UGCF - 2022 and National Education Policy 2020

 Editorial Board
Dr. Mangal Deo
Dr. Shakti Pradayani Rout
Dr. Sudhir Kumar Parida

Content Writers
Dr. Mangal Deo, Dr. Harsh Meena,
Virender Kumar, Vishal Kumar Gupta

© Department of Distance and Continuing Education

Ist edition: 2022

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Published by:
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 Ideas and Institutions in Indian Political Thought

Table of Contents

Sl. No. Title Writer Pg. No.

Unit-1 Statecraft in Ancient India Dr. Mangal Deo 01

Dr. Harsh Meena

Unit-2 Dharma, Dhamma, Danda Dr. Mangal Deo 14

Unit-3 Nyaya, Niti Virender Kumar Gupta and 23

Vishal Kumar Gupta

Unit-4 Sabha and Samiti Dr. Mangal Deo 38

Unit-5 Rajya and Rashtra Dr. Mangal Deo 47

Unit-6 Varna, Jati Dr. Mangal Deo (Chapter in 62

Process)

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 Ideas and Institutions in Indian Political Thought

Unit-1

STATECRAFT IN ANCIENT INDIA

Dr. Mangal Deo

STRUCTURE
1.1 Objective
1.2 Introduction
1.3 Nature and Historical Development of Political Institutions in Ancient India
1.4 Theories of origin of Kingship and Statecraft:
1.5 The State in Ancient India : Kautilya in particular
1.6 The State in Asoka's Dhamma
1.7 Conclusion
1.8 Question
1.9 Reference Books

1.1 OBJECTIVE
• We can understand after reading this chapter, what is statecraft in Ancient India
• Evaluation and Nature of Statecraft in Ancient India
• Difference between Ancient Indian to Modern India statecraft

1.2 INTRODUCTION

To begin the discussion on State Craft in Ancient India first we need to understand and
discuss What is Indian Political Thought ? (Singh & Mohapatra, 2010) there are very less
efforts being made to re-contextualise theoretical ideas of western political theory into Indian
realities and experiences. Bhikhu Parekh (2010) in his article The poverty of Indian Political
Theory . had suggested that the western political theory is ethnocentric and has very limited
applicability outside the western world. He insisted further that ‘No contemporary non-
western society has produce much original political theory’ ( Parekh, 2010).according to him
to understand what is Indian Political Thought, one need to understand the following; Firstly
Indian Political Theory means as the work of Indian writer and philosophers irrespective of
the fact that weather they have lived in India or not. Secondly , it should be more concerned
with theory rather than the theorist and Thirdly, a political theory should be culturally neutral.

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 B.A. (Hons.) Political Science

While defining political theory Bhikhu Parekh suggested that a political theory provide a
coherent and systematic understanding of the political life in three dimensions, namely
conceptual, explanatory and normative dimensions. The conceptual dimension of political
theory means that it defines and analyses different concepts by providing a conceptual frame
work of them. It defines the different constitute of political life , how these different
constitutes conducted each other and how they are related with each other, all these comes
under the explanatory dimension. In normative dimension either it criticize or justifies that
way political life was constituted .
The above understanding signifies two things, Firstly there are conceptual differences
between the western political theory and non-western political theory, which also means that
the western political theory is not universally applicable. Secondly Political theory is very
curial to understand the different dimensions of Political life.
This chapter will attempt to understand the State Craft in Ancient India from non-western
perspective, the chapter will be divided into two parts:
1. Nature Historical development of Political Institutions in Ancient India
2. Theories of origin of Kingship
We shall discuss these points in some detail.

1.3 NATURE AND HISTORICAL DEVELOPMENT OF POLITICAL

INSTITUTIONS IN ANCIENT INDIA

In order get adequate information about the statecraft in Ancient India, we need to study the
Historical development of the political institutions in Ancient India. It is really difficult to
trace the actual beginning of development of political institutions in Ancient India but with
some historical enquires we can trace the some aspect of beginning of statecraft and political
Institutions in Ancient India . On the basis of Archaeological researches and the historical
remains found, one can say that about 4000B.C the origin of Indian culture can be found.
This age was called as Samhitā age.
The remains found from the Harappan and Mohenjo-Daro sites suggested that the this was
fairly flourished and developed urban civilisation. the people of these cities have commercial
and cultural relations with then contemporary civilisations such as Egypt, Sumer and Crete.
The reasons for extinction of this civilisation in 2000B.C is still unknown.
Similarly historian and Anthropologist also has diverse opinion on the origin of the Aryan
Civilisation. But we have more or less sufficient historical references to understand the nature
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 Ideas and Institutions in Indian Political Thought

and structure of Ancient Indian Political Institutions. It is established by the refences that the
character of Indo-Aryans institution was primarily Kingship.
The king use to rule over one or several Rasthras. It is important to note that the Vedic
Rashtra cannot be defined in purely political terms or they are not like that modern legal-
democratic- welfare states, rather the principle bind them was the Dharma . the word Raja is
ancient Sanskrit word, which is derived from the word Raj which means rule. Hence Raja
means the one who makes people delighted and satisfied.
Rashtra’s means territorial Unit or State, Its structure include the clan, the tribe and the
families. The kingship erose in Vedic times with the development and integration of families,
tribes, clans and villages into the Rashtra.
The Vedic kingship was marked parallel to Vedic Gods such as Varuna and Indra. But there
were still limitations to the kings rule, two such fundamental limitations are as follows:
1. In the beginning the kingship was not hereditary but its elective, but the detailed
process of election of king and who are those people who used to take part in kings
election is unknown. However in the later Vedic period as quoted by historian become
hereditary. Hymns in Rigveda and Atharvaveda mentions about the election of the
king:
“Gladly you come among us, remain firmly without
faltering; all the people want you; you may not fall off
the state”.
Vedic literature talked about strong kingdoms and compare kingship like lord Indra,
and asked the king to hold the state strong like him. The firmness of king compared
as earth, universe and mountains and expected that the king should be equally firm
and conquer his/state. it will not be appropriate if the Rasthra compared with modern
state because modern state is very recent creation, it inception can be traced around
16th Century Europe and it had developed parallel legal and political institutions
within itself. Whereas the Vedic Rashtra is very normative in its formation, it might
be legal and political and its legality and polity is contextualized in the 5th Century
B.C Vedic society.
In Classic text Aitareya Brahmana Rāshtram is identified as kshatra-rule or the place
of regime whereas in Tittiriya Samhitā it is identified as people . Kautilya cautiously
differentiate between Rashtra, the king , the fort and the kingdom. As he mentioned
in his detailed theory of Rajmandala Rashtra he as countryside. Sukra mentioned

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Rashtra as one of the seven element of the kingdom and which means people or
population. It is clear that in Ancient India we might did not have the theoretical
conception to define the state, or the Ancient State doesn’t fall in the same structural
framework of modern welfare State but it is clear that we do have core understanding
about territory, people, fort and government. Which signifies that important state
structures were known to the people.
British defined Indian Statecraft as ‘Oriental Despotism’ (Metcalf,2001), Because
they have to build the vision about India’s past for its future administration. They
said “Asian countries had no laws or property, and hence its people no rights”
(Metcalf,2001). By Oriental Despotism they meant that people have no will, and
hence no law exists apart from the laws made by despot himself. Hegal also
suggested that there could not be any state in ancient India, “Hindu Political
existence present us with a people but no state”. Hence this colonial established
understanding about India and Asian countries prevailed in the world, it not just
misunderstand the Ancient India’s knowledge heritage but it also created a mythical
supremacy of European political knowledge about politics and state. but with this
above discussion of one can clearly understand acknowledge that Ancient India do
have sense of Politics and Statecraft. To support this claim one also take example
political system under Ashoka’s rule.
There is elaborate discussion about the judiciary and administrative powers of the
king.
2. The second important limitation is about the use of political power by the king,
Ancient Vedic king have authority to administer two important institutions namely
Samiti and Sabha. Samiti can be defined as the general assembly of all the people who
might took part in the election process of the king. It was believed that these Vedic
Samiti was sovereign assemblies. The Sabha on the other hand was a council of
prominent powerful men and Nobel elders. Ludwig says that Sabha was especially for
Brahmins and rich people, while Samiti is for the commoners. Sabha might be the
meeting-place of village council according to Zimmer. Hence they are two different
Institution and their purpose and composition is also different. Atharvaveda
mentioned that Sabha and Samiti are two daughters of Prajapati. Sabha was
significant because they advised and counsel the king on various matters related to
administration .

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Apart from Sabha and Samiti, Vidatha are the third kind of institutional bodies which
are assemblies for various purposes such as for religious matters, non-religious
matters and for war issues. Vidatha itself means as order or order issuing body. They
might not be the regular kind of assemblies like Sabha and Samiti but were made for
special purposes on special occasions.

1.4 THEORIES OF ORIGIN OF KINGSHIP AND STATECRAFT

Post the phase of Samhitā it was the age of Brāhmanas from roughly around 1000B.C to 7th
Century B.C. There are three great Brāhmanas whose accounts are very crucial for knowing
the socio-political institutions of this phase, these are The Satapatha, the Aitareya and the
Taittiriya. And the ancient text of Rāmaāyana and Mahābhārata will also be useful to
understand the different theories of Kingships.
There are two different streams of this period :
First, Age of strong monarchical power and the decline of Sabha and Samiti.
Second, Rise of republican forms of government in 4th-5th century B.C.
The political centre in this phase is shifted to Punjab region to the Gangetic planes. The main
text which provides the details of Aryan civilisation is Rig Veda, it is roughly assigned to
1500BC. In place of Sabha and Samiti the council of ministers were appointed and the
administration become more centralised. At village level Gramani, the village head was
appointed who was the nominee of the king and at the village level.
Aitareya Brāhmana has classified or mentioned the different kind of polity which was
prevailed at that age.
(a) Samrajya at the eastern side- these were not very strong empires in which only one
state can have supremacy. It might ‘a combination of monarchies ‘or federal
imperialism (Jayaswal, )
(b) Kurus and Pancala in the middle country- it primarily kingship based administration.
(c) Uttara-Kurus and Uttara-Madras in the north beyond the Himalayas – Vairaja, which
means sovereignty or king lessness.
(d) Nicyas in the west- had Svarajya Kind of Polity .
(e) Satvants in the south- has Bhujya type of polity, which means non-hereditary
leadership, it can also means ‘paramount rule’.

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After a brief discussion on the types of polity, Let’s discuss various theories of origin of
Kingship and statecraft:

1.5 THEORIES OF ORIGIN OF KINGSHIP AND STATECRAFT

The State in ancient (as is true about the medieval) India was not, as it was with the
17th-18th centuries. English individualists, a necessary evil, though maintenance of law and
order was one of the important functions of the state then. More than, or at least as important
as the security of the people, dharma was an essential aspect of the general conception of the
polity. Accordingly, the state was considered a political instrument to promote the cause of
the Dharma. It was a necessary benefactor, rather a necessary evil; it was an agglomeration of
power with absolute authority over the lives of the people, but was one where 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, in ancient India, was the
basis of the state. The king, referred to as dhritavarla, was regarded as the upholder of the
sacred law whose duty was to promote religion, encourage morality, and patronise education.
That was why he is called dharmapati in Satapatha Brahmana. This makes dharma being
described as the end of the staíc, view generally accepted by most of the Indologists. This is
not to state that the king, in ancient India was concerned mainly with the moral well-being of
the people; he was also responsible for the promotion of the material well-being of the people
as well. 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 as
a whole, all sanskrit literature of the ancient India, emphasising on Moksha through Dharma,
Artha and Kama. The ancient Indian society, wedded to Dharma, was one where the state,
through the office of the king assisted by his counsil and ministers, was to realise the over-all
welfare of the individual.
The State in ancient (in medieval times) India personified itself with the king; the king
was, thus, the personification of the state. The origin of the state is closely related in all
ancient writings to the origin of the kingship-be it 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, Hopkins (The Social and Military Position of the Ruling Caste in Ancient India)
observes that the kings were related from aristocrats, heroes and commanders of the army.

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But once kings came, kingship, and state became one; the office of the king was the
institution of the state.
There is the reference of the institution of state in Vedic literature. The Ramayana
refers to the origin as well as the institution of the state:” A kingdom without a sovereign is
like a river without water, a forest without vegetation, a cow without a cowherd. The king
leads his people on the path of righteousness and guides them in integrity; he is the parent of
his subjects and their benefactors. The king, discerning good and evil, protects his kingdom;
bereft of him, the country is enveloped in darkness.” 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 Moksha, in a way, both material as well as moral. The Puranic
state makes Dharma as its basis; by Dharma is meant truth; it exists to promote/protect
Dharma, thus it is more or less a law upholding state. Also are referred to the three bases of
the Puranic state : Varta, Dharma, Danda, Varta, implying agriculture, cattle-rearing and
trade; Dharma signifying the eternal which holds, the world; Danda, consisting of
government, sovereignty and obedience—all rolled into one, the state, in Manu Smriti, is one
that postulates a perfect social and economic organisation. Adeveating 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 (friendly and
enemy states) and Mandal rashtra. The functions of the state, in the Manu Smriti are : make
all Varna observe their duties (Dharma) observance of general laws, maintenance of peace
within the state and keep the state free from external control, make laws to control the prices,
settle disputes, impart education, levy taxes, punish the criminals. Manu's state exists to help
the people accomplish moral righteousness, wealth and pleasure. The state, in the Sukraniti,
consists of seven limbs, i.e., the state being a kingdom, the organisation 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. The
Sukra state seeks to attain functions such as (a) protection of person and property (b) the
administration of justice (c) spread of religion and culture, philanthropy and charity (d)
realisation of revenues.
Kautilya's, views, as stated in Arthasastra, are, indeed, vivid.Though he has not
defined what the state exactly is, but he does refer to the seven elements of the state be free
from wilderness, tigers and Swami (the king with qualities such as bravery, quickness of
decision, strength of mind, easily approachable sharp intellect), Amatya (the ministers-in-
charge of the entire administration), Janapada (population and land; land devoid of rocky,

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saline, uneven and thorny tracts and wild animals, and abound in fertile lands, timber and
elephant forests); Durga (fortress, the military establishment to protect the people from
natural calamities, also a kind of arsenal, a storage of military artilleries and communication);
Kosa (treasury, filled with gold, silver, precious jewels, and gems, should be able to
withstand any calamity); Danda (consisting of hereditary and hired soldiers, i.e. force,
soldiers be skilled); Mitra (friendly states). Every element is regarded at par with another in
the Arthasastra.

With regard to the origin of the state, Kautilya seems to have advocated social
contract theory. He says that the state originated when people got weary of the law of the fish
(Matsyanyaya). The people selected Manu to be their king. It was, he explains, settled that
the king should receive one-sixth of the grain and one-tenth of the merchandise and of gold as
his due share. The revenue so collected would enable the king to ensure the security and well
being of the subjects.
The state, in Kautilya's Arthasastra, is presided over by the Swami, the king; there are
officials who advise him on matters relating to the administration; he rules over his territory
from a fortified capital; the treasury and the army ensure stability and security while the allies
help him keep the kingdom safe. This is what is the crux of the Saptanga theory, and yet,
while discussing the troubles of the king, Kautilya seems to regard the two elements as
primary ones in the state: the King and the kingdom, the king symbolising sovereignty and
the kingdom, the state.
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. And yet, he demands of the
king to protect customs, religion and morality, embracing, thus, the whole range of human
life-social, economic, cultural, religious, political. The protection of Dharma remains,
however, the most important function of the Kautilyan 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. Kautilya says in the Arthasastra, power is
necessary and it means strength, but it is not the end; the end, according to Aristotle, is
happiness of the people. While the state, he argues, has to possess power, its role object is to
promote the happiness of the people.
The Kautilyan state looks after the material well-being of the state, but it does not stop
there; do also protects the social, religious and the moral lives of the subjects. It supports, the

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poor, the orphan, the aged, the helpless, the infirm, the pregnant women and the newly born
babies.
Sanitation and hygiene did not escape Kautilya's eyes. The villages and the cities were
to be built according to plan; every house had to have a dunghill and an outlet; throwing of
garbage on the roads was an offence; dumping of carcass or dead bodies on the road, was a
grave offence; adulteration of grains, oils, alkalies, salt, medicine was a punishable offence.
The Kautilyan state ram a few important industries, though it could not be labelled as
a socialist state; there did run private enterprises. It would be safe to all the Kautilyan
economy as more or less, a mixed one. The state regulated trade and commerce with a view
to promote the welfare of the people : the market towns were established and the market
hours fixed.
To conclude, one may say that the ends of the state, 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. It appeared, more or less, as
a welfare state of our times. There was no other greater object than the happiness of the
people. Aristotle adveates emphatically, this function is a Sutra which reads: "In the
happiness of the subjects lies the happiness of the king and what is beneficial for the subjects
is his own benefit”. The order of the state, we may argue, is not merely for the sake of order;
it also is, as Kautilya puts it, for protection, conversation, development and distribution : the
state must create what is there, and distribute what has been increased.

1.6 THE STATE IN ASOKA'S DHAMMA

Dhamma is the Prakrit form of the Sanskrit word Dharma, meaning the universal law
or righteousness or, if one likes to extend, one may say, the social and religious order found
in a society. The word, in a way, has a much more general connotation judging by the way in
which the word, Dhamma was used in his edicts, though Asoka gave it a wider meaning.
Asoka's inscriptions consist of two types : the small group, the edicts, describe his adherence
to Buddhism, 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. All these define what he understands by Dhamma, a concept of utmost self
introspection, utmost obedience, and utmost enthusiasm, including in it deeds such as
compassion, liberality, truthfulness, purity, gentleness and goodness and notions such as
noble and pure intentions, proper maintenance of social relationship and absentation from
animal slaughter.
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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.
The first Major Rock Edicts contains the prohibitions of animal sacrifice, and festive
gatherings : “Here no living thing is to be killed and sacrificed, and no assembly is to be
held.” The emphasi be noted, is more in the sacrificing of animals rather than their killing, i.e.
prohibition of the ritual of sacrificing animals.
The second Major Rock Edict relates to certain measures of social welfare including
such as medical centres for men and animals, the construction of roads supplied with wells
and lived with shady trees, and the planting of medicinal herbs.
The third Rock Edict contains that liberality to Brahmans is a virtue : tolerance and
broad-mindedness towards other sects.
The fourth Rock Edict assumes that the policy of Dhamma has improved the general
conditions of the people and there has been a tremendous moral advancement, suggesting
almost an ideal state : a period of prosperity and righteousness when men lived as Gods and
when Gods were not afraid to mingle with men.
The fifth Rock Edict is devoted to matters of social and administrative welfare,
making prisons as reformatories, not a place of torture or a house of doom. It also refers to
the appointment of the dhamamahamattas whose work was concerned with the general
welfare of the populace with emphasis on the teaching and practice of Dhamma..
The sixth Rock Edict makes the relationship between the king and his subjects via the
mahamattas even more clear. The mahamattas are told to make their reports to the king at any
time. The edict gives an impression that Asoka exercised control over the state through a
well-organised system of officers and couriers. His experience of kingship, his knowledge of
it from the theoretical works of the period and his own personality have made him aware of
the responsibilities of being king of such a vast territory.
The seventh Rock Edict pleads for toleration among all sects, the king realising the
harm these sectarian conflicts would produce. .
The eighth Rock Edict stresses the importance of tours, i.e., the Dhammayatas.
Ashoka himself states, the purpose of these tours was manifold, visiting the brahmanas and
making gifts, visiting the aged and supporting them with gold, visiting the people of the
country and instructing them in high morals.

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The ninth Rock Edict maintains that the practice of morality is infinitely more
valuable than the observance of the ceremonies, i.e., ceremonies performed during illness, at
the birth of the child, or when setting out on a journey etc.
The tenth Rock Edict denounces fame and glory and reasserts that the only glory the
king desires is hat his subjects follow the principles of Dhamma, the reason being (a)
obtaining merit in next world and che elimination of danger to man in this.
The eleventh Rock Edict contains the explanation of the Dhamma. The Dhamma, for Asoka,
is a way of life and the essence of what he had culped from his moral teachings. This edict
also stresses the importance of the family, caste system accelerating the development of the
family as an institution of primary importance...,
The twelveth Rock Edict is a direct and emphatic plea for toleration amongst the
various sects, adding, thus the overall progress of the essential doctrines of all the sects.
The thirteenth Rock edict is important in so far as it considers deplorable the deaths
and deportations that accompany war, upsetting in the process all normal rules of social
behaviour. Asoka insists that the idea of Dhamma is opposed to the idea of war.
The last Rock edict is a short one, explaining the intentions of the king to spread the
teachings of the Dhamma to all the subjects in every form.
The Minor Rock edicts, associated with Asoka's Buddhism, do not reveal his ideas on
the theory of the state, though the Pillar edicts do. The first Pillar edict states the progress
achieved through Dhamma,
"for this is my principle: to protect through Dhamma, to administer affairs according to
Dhamma, to please the people with Dhamma to guard the empire with Dhamma.” The second
Pillar edict, continuing along with the first, describes Dhamma as a minimum of sins, many
virtues, compassion, liberality, truthfulness, and purity. The idea, in this edict, attempts to
convey the idea of social and personal relationships, leading, thus, to a better understanding
of social life. The third Pillar edict makes a distinction between virtuous deeds and evil
doings, latter leading to ruins and destruction.
The fourth Pillar edict insists on the uniformity of judicial proceedings and of
punishments, the principle being equality of all subjects in the eyes of law, and also equality
of law throughout the empire. The fifth Pillar edict orders that certain animals are not to be
killed on certain days (considered, for example, sacred in Buddhism), and others are not to be
killed at all. The sixth Pillar edict explain the purpose of the edicts, that being a concern for

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the welfare and happiness of the king's subjects. The seventh Pillar edict mentions the
implementation of the reforms carried out in the well-being of the people.
What appears, following the study of the major Rock and the Pillar Edicts, to be
Asoka' theory of state, as incorporated in his Dhamma, may be summed up in his view of
kingship as (i) a theory of kingly exertion and efforts, (ii) a theory of the well-being of all,
and (iii) the paternalist theory conceiving of people as children of the king, the father : “All
men are my children, and just as I desire for my children that they should obtain welfare and
happiness, both in this world and the next, so do I desire for all men.” He expects king
possessed with qualities such as truthfulness, uprightness, freedom from malice,
compassionateness and forbearance. He also institutes a set of officers, called Dhamma-
mahamatta, as officers of righteousness to ensure the norms and rules of Dhamma are
implemented by all.

1.7 CONCLUSION

To conclude, one may say that the Dhamma of Asoka assumes a state of non-violence,
incorporating a number of ideals and practices. Abstinence from killing was an important
one, so was also the insistence of considerate family relationships and social ones, whether
these were between parents and children, elders and younger people, friends or various
ideological sects. 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. Moderation was, in his theory of State, the
keynote of thoughts and action; there was no attempt of coercion of any kind, principles for
suggested and it was left to the conscience of each individual to make a choice. Dhamma, the
righteousness, remains the very basis of Asoka's theory of State.

1.8 PRACTICE QUESTION

1. Explain the State of Ashok Dhamma.

2. Describe the theories f origin of kingship and statecraft
3. Briefly explain the Nature and Historical Development of Political Institutions in
Ancient India
4. Critically analysis the State in Ancient India based on Kautilya.

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1.9 REFERENCE BOOKS

• Verma. V.P., Studies in Hindu Political Thought and It’s Metaphysical Foundations.
• Ghoshal, U.N., History of the Indian Political Ideas, Bombay: Oxford University
Press, 1959.
• Law, NN., Aspecis of Ancient Indian Polity, London : Oxford University Press, 1921.
• Sen, AK., Studies in Kautilya, Delhi: Munshiram Manohar Lal, 1958.
• Sharan, P., Ancient Indian Political Thought and Institutions Meerut : Meenakshi
Prakashan, 1978. 9 -Thapar, R., Asoka, Delhi Oxford University Press, 12th edition,
1992.
• Early India, From the Origins to AD 1300, London: Penguin Book, 2002.

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 B.A. (Hons.) Political Science

Unit 2

Dharma, Dhamma, Danda

Dr. Mangal Deo

STRUCTURE

2.1 Objective
2.2 Introduction: Dharma, Dhamma, and Danda
2.3 Dharma,
2.4 Dhamma
2.5 Danda
2.6 Significance of Dharma, Dhamma, Danda
2.7 Conclusion
2.8 Question
2.9 Reference

2.1 OBJECTIVES

Objectives
• In the chapter we can understand the meaning of Dharma, Dhamma and Danda.
• Study of Dharma, Dhamma and Danda in Ancient Political thought
• Study of the role of Dharma, Dhamma and Danda in Ancient era.
• Study of Nature of the Dharam, Dhamma and Danda.

2.2 INTRODUCTION: DHARMA, DHAMMA, AND DANDA

"The subject of our study has been called by many names in ancient India. In ancient India, it
has been addressed as Dharma, Raj dharma, Danda, Ethics, and Dhamma, etc. In the 'Shanti
parva' of the Mahabharata, it has been called "Raj dharma". Monarchy was the most prevalent
in ancient India, so the study of state and rule was called the Dharma of the king. The Raj
dharma included all the duties and governance-related things of the king. All the knowledge
used to come into raj dharma.
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According to certain thinkers, it was both the science and art of governance. Danda was
considered a "science of administration" in ancient India, which was related to the actions of
the government or the system of governance. According to Kautilya, Dand-Niti is one of the
four Vidyas recognised by Manu, Brihaspati, and Shukracharya. Indian thinkers had long ago
come to consider sovereignty as the basis of the state. According to him, no state can be
maintained without the use of force or Danda. Regarding the importance of Danda, Manu
said that when all people are sleeping, Danda protects them. Out of fear of him, people take
the path of justice. Dr. Jaiswal has called the Danda policy the principles of government. As a
result of this immense importance of Danda in the state, the scriptures describing the actions
of the rulers and the welfare of society were known as Danda policy. The book written by
Ushanas and Prajapati on the system of governance is also known as Danda-Niti.
During Ashoka's reign, the word Dhamma was used to refer to Dharma, Danda, and
governance, and the word "economics" was also used for these terms. Dr. Jaiswal has called
economics the "Code of the Commonwealth. By the way, at present, the term economics is
often used for economics, whose study subject is the means of obtaining wealth and meaning
and is used in the interest of human beings. On the contrary, the study subject of Rajshastra is
state and governance, so there is a big difference between the two, but Kautilya's statement is
that just as the words' meanings are directed by the business and wealth of a human being, the
land on which they live and run their business can also be addressed, so can the means of
acquiring and following the land. It is also fair to call it economics. Since the most famous
group written in ancient India on the subject of state and governance was called economics,
economics came to be taken in the sense of ethics or penal policy. Venus policy also states
that the field of economics is not only to discuss the ways to obtain wealth or wealth, but also
to establish the principles of governance. In Amarkop, semantics and penal policy have been
considered synonyms. Even from the observation of the first chapter of Arthashastra, it seems
that Kautilya wanted to give him the name 'Danda Policy'.

2.3 DHARMA

Political principles are an integral part of Dharma. In ancient India, political principles
developed as a part of Dharma. As a result, Hindu politicians did not distinguish between
politics and Dharma. This is the most prominent feature of Indian politics and a major gift to
the world. The main duty of the king and the ruler was understood to be to follow Dharma
and they were instructed to fight the enemy too. For this reason, morality was included in the
politics of ancient India, and raj shastra was called ethics. Protection of Dharma was the
primary responsibility of the state. Dharma and political thought are intertwined.
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 B.A. (Hons.) Political Science

The fact that the texts considered to be the main texts of ancient Indian politics are also
important enough from a religious standpoint demonstrates the close relationship between
politics and Dharma. Vedas, Brahmins, Upanishads, and Smritis Literary texts such as the
Mahabharata, Ramayana, Puranas, and others are regarded as more important for religious
purposes than for understanding ancient Indian politics. Many texts of Buddhist people and
people's Dharma are useful and meaningful from the religious point of view as well as
guiding the political institutions and ideologies of that time.

2.4 DHAMMA

Dhamma is the Prakrit form of the Sanskrit word Dharma, meaning the universal law or
righteousness or, if one likes to extend, one may say, the social and religious order found in a
society. The word, in a way, has a much more general connotation judging by the way in
which the word, Dhamma was used in his edicts, though Asoka gave it a wider meaning.
Asoka's inscriptions consist of two types : the small group, the edicts, describe his adherence
to Buddhism, 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. All these define what he understands by Dhamma, a concept of utmost self
introspection, utmost obedience, and utmost enthusiasm, including in it deeds such as
compassion, liberality, truthfulness, purity, gentleness and goodness and notions such as
noble and pure intentions, proper maintenance of social relationship and absentation from
animal slaughter.
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. The first Major Rock
Edicts contains the prohibitions of animal sacrifice, and festive gatherings : “Here no living
thing is to be killed and sacrificed, and no assembly is to be held.” The emphasi be noted, is
more in the sacrificing of animals rather than their killing, i.e. prohibition of the ritual of
sacrificing animals.
The second Major Rock Edict relates to certain measures of social welfare including such as
medical centres for men and animals, the construction of roads supplied with wells and lived
with shady trees, and the planting of medicinal herbs.
The third Rock Edict contains that liberality to Brahmans is a virtue : tolerance and broad-
mindedness towards other sects. The fourth Rock Edict assumes that the policy of Dhamma
has improved the general conditions of the people and there has been a tremendous moral

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advancement, suggesting almost an ideal state : a period of prosperity and righteousness

when men lived as Gods and when Gods were not afraid to mingle with men.
The fifth Rock Edict is devoted to matters of social and administrative welfare, making
prisons as reformatories, not a place of torture or a house of doom. It also refers to the
appointment of the dhamamahamattas whose work was concerned with the general welfare of
the populace with emphasis on the teaching and practice of Dhamma..
The sixth Rock Edict makes the relationship between the king and his subjects via the
mahamattas even more clear. The mahamattas are told to make their reports to the king at any
time. The edict gives an impression that Asoka exercised control over the state through a
well-organised system of officers and couriers. His experience of kingship, his knowledge of
it from the theoretical works of the period and his own personality have made him aware of
the responsibilities of being king of such a vast territory.
The seventh Rock Edict pleads for toleration among all sects, the king realising the harm
these sectarian conflicts would produce. .
The eighth Rock Edict stresses the importance of tours, i.e., the Dhammayatas. Ashoka
himself states, the purpose of these tours was manifold, visiting the brahmanas and making
gifts, visiting the aged and supporting them with gold, visiting the people of the country and
instructing them in high morals.
The ninth Rock Edict maintains that the practice of morality is infinitely more valuable than
the observance of the ceremonies, i.e., ceremonies performed during illness, at the birth of the
child, or when setting out on a journey etc.
The tenth Rock Edict denounces fame and glory and reasserts that the only glory the king
desires is hat his subjects follow the principles of Dhamma, the reason being (a) obtaining
merit in next world and che elimination of danger to man in this.
The eleventh Rock Edict contains the explanation of the Dhamma. The Dhamma, for Asoka,
is a way of life and the essence of what he had culped from his moral teachings. This edict
also stresses the importance of the family, caste system accelerating the development of the
family as an institution of primary importance...,
The twelveth Rock Edict is a direct and emphatic plea for toleration amongst the various
sects, adding, thus the overall progress of the essential doctrines of all the sects.

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The thirteenth Rock edict is important in so far as it considers deplorable the deaths and
deportations that accompany war, upsetting in the process all normal rules of social
behaviour. Asoka insists that the idea of Dhamma is opposed to the idea of war.
The last Rock edict is a short one, explaining the intentions of the king to spread the
teachings of the Dhamma to all the subjects in every form.
The Minor Rock edicts, associated with Asoka's Buddhism, do not reveal his ideas on the
theory of the state, though the Pillar edicts do. The first Pillar edict states the progress
achieved through Dhamma,
"for this is my principle: to protect through Dhamma, to administer affairs according to
Dhamma, to please the people with Dhamma to guard the empire with Dhamma.” The second
Pillar edict, continuing along with the first, describes Dhamma as a minimum of sins, many
virtues, compassion, liberality, truthfulness, and purity. The idea, in this edict, attempts to
convey the idea of social and personal relationships, leading, thus, to a better understanding
of social life. The third Pillar edict makes a distinction between virtuous deeds and evil
doings, latter leading to ruins and destruction.
The fourth Pillar edict insists on the uniformity of judicial proceedings and of Dandas, the
principle being equality of all subjects in the eyes of law, and also equality of law throughout
the empire. The fifth Pillar edict orders that certain animals are not to be killed on certain
days (considered, for example, sacred in Buddhism), and others are not to be killed at all. The
sixth Pillar edict explain the purpose of the edicts, that being a concern for the welfare and
happiness of the king's subjects. The seventh Pillar edict mentions the implementation of the
reforms carried out in the well-being of the people.
What appears, following the study of the major Rock and the Pillar Edicts, to be Asoka'
theory of state, as incorporated in his Dhamma, may be summed up in his view of kingship as
(i) a theory of kingly exertion and efforts, (ii) a theory of the well-being of all, and (iii) the
paternalist theory conceiving of people as children of the king, the father : “All men are my
children, and just as I desire for my children that they should obtain welfare and happiness,
both in this world and the next, so do i desire for all men.” He expects king possessed with
qualities such as truthfulness, uprightness, freedom from malice, compassionateness and
forbearance. He also institutes a set of officers, called Dhamma-mahamatta, as officers of
righteousness to ensure the norms and rules of Dhamma are implemented by all.
To conclude, one may say that the Dhamma of Asoka assumes a state of non-violence,
incorporating a number of ideals and practices. Abstinence from killing was an important
one, so was also the insistence of considerate family relationships and social ones, whether
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these were between parents and children, elders and younger people, friends or various
ideological sects. 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. Moderation was, in his theory of State, the
keynote of thoughts and action; there was no attempt of coercion of any kind, principles for
suggested and it was left to the conscience of each individual to make a choice. Dhamma, the
righteousness, remains the very basis of Asoka's theory of State.

2.5 DANDA: KAUTILYA, MANU, AND SHUKRA

Kautilya
Kautilya has discussed the judicial system as well as the Danda system. Regarding Danda,
Kautilya has emphasised that the Danda given by the king to bring the people on the right
path should neither be more than the need and justification nor less. The king should decide
for proper Danda thoughtfully. Kautilya does not follow the principle of equality about
Danda. In this regard, keeping in mind the weak condition of women and children, they have
arranged for relatively less danda for them and in this regard, discrimination has also been
made based on the varna system. Kautilya is of the view that the Danda should be conducive
to the crime and the Danda should be given with proper knowledge of the gender and stage
and circumstances of the crime. He has provided three types of Dandas for criminals:
corporal Danda, economic Danda, and prison. Under physical danda, flogging, hanging hands
and feet upside down, brahmin and upper-class criminals should go, marking the criminal
mark on the forehead by hanging upside down, tying their hands and hanging upside down.
Arrangements have been made to ensure that there is no death penalty for serious crimes.
Monetary danda is mainly classified into three categories: first, medium, and good courage
danda. The range of the first courage Danda should be 48 to 96. The position, gender, and
position of medium from 200 to 500 p.m. and best from 500 to 1,000 p.m. are stated. Apart
from this, penalties of different amounts have been prescribed for various offences. In this
way, strict Danda have been arranged by Kautilya, and should be done. As a physical Danda,
the Danda of rust piercing, flogging, hanging inverted, etc., has been expressed. Theology
seems to be inhuman in nature. But it cannot be denied that these methods of Danda were
prevalent in ancient India and other acharyas of ancient India supported harsh Danda even by
relative primacy. Therefore, it has to be said that Kautilya is more practical than idealistic in
arranging Danda.
Next important element in order of priority is army. Kautilya suggests the need for a standing
army and non-dependence on mercenaries. The basic qualities of a good army according to
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Kautilya are that recruitment is fair and based on inheritance, they should be loyal, strong,
full of vigour and energy. The army must be invincible and endowed with the power of
endurance, trained in fighting various kinds of battles, skilful in handling various forms of
weapons. The army should not bring in any state of instability in the kingdom, but it should
be ready to share the sorrow of the king in time of calamities. He also mentions that the army
men should be paid well, and families should be cared so that the soldiers are not worried
about their future while at war. Soldiers must be ready to die for the country, but king also
must ascertain that they are well equipped with right kind of weapons and are provided with
whatever is required to keep them happy and loyal.
Indian philosophers acknowledge the predominance of demonic tendencies in human life and
that is why the power of Danda has been given a lot of importance by them. The importance
of Danda in politics can be gauged from the fact that it has been named as a Danda policy by
many writers. In Kautilya's Arthashastra, he gives the highest importance to penal policy and
makes all other sciences subordinate to him. According to Manu's statement, Danda is the
ruler.
Manu
The Law and Justice System According to the system of Danda, Danda is the king because he
has the power to rule. Scholars consider Danda the purpose of religion. If the king does not
punish the criminals, then the strong people will start cooking the weak as they cook fish by
piercing them with iron rods. By using Danda properly, the king is oriented towards the
attainment of religion, meaning, and work. The king should arrange for a just Danda in the
state. Whoever is distracted by his religion from the Clan, Caste, Gana, and district, the king
should re-establish his religion by giving them their due Danda. There are four types of
Danda: Dhigdanda, Vagdand, Dhandand, and Vadhdand.
Source of law: According to Manu, the most important source of law is the Vedas. Other
sources include Smitis, the Vedas, the conduct of gentlemen, and the Strutsantosh. justice
system The justice system has also been described in Manusmriti. According to Manu, there
are two types of disputes: those arising out of violence and those arising out of non-payment
of land or money. As Manusmriti describes, if the king himself does not decide the disputes,
then a learned Brahmin should be appointed to look after that work. The Brahmin appointed
by the king should also decide the disputes in the court along with three other such persons.
Judges should decide all disputes with complete impartiality, because only the members of
the House (Court) in which truth suffers from untruth are destroyed by sin. According to
Manu, judges should be Brahmins. Under no circumstances should they be Shudras. Judges
should be people who can read people's inner feelings through external symbols like tone,
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color, and effort. In Manusmriti, the evidence is divided into two parts: manush evidence and
divine proof. There are three types of man-made evidence: written, written, and witnessed.
According to Manu, more importance should be given to the evidence written by the judges,
but the articles written by force should be invalidated. These are also reliable due to the eye-
catching presence in the evidence, but according to Manu, the statements of the untruth-
speaking servant, enemy, sannyasi, and leper should not be believed. Oaths should be
legislated before the evidence and those who give false witnesses should be severely
punished. Women's evidence should be taken for women. The Brahmin should be given the
highest importance by taking him as an expert.
Shukra
In the words of Dr. Beniprasad, "Shukra has adopted politics (ethics) as the art of
governance, Like Kamandak, Shukra has considered four disciplines: anvikshiki, trilogy,
dialogue, and dandaniti, which are necessary for the yogaksham of human beings. Dandaniti
is said to be the beginning of all learning. Policy and immorality are located in Dandniti
itself. The name of restraint or repression is Danda. The king is situated in Danda, and his
policy is Danda. It is called a policy because it is able to run the path properly. According to
Shukra , the king should always practise these four vidyas. There is jurisprudence and
Vedanta etc. in Anvikshiki; there is dharma, adharma, kamna, and moksha in the trilogy;
meaning and evil are in dialogue, and justice and injustice come into Danda. The suppression
of the wicked is called "Danda. That is why the king is the form of Danda and the king's
policy is Danda. According to Shukra , the king should study ethics with great diligence. The
observance of the subjects and the destruction of the wicked are both the ultimate religions of
the king, both of which cannot be followed without policy. The king should follow such a
policy for the purpose of his own interest so that the whole nation is ready in the interest of
the king without inspiration.

2.6 THE SIGNIFICANCE OF THE DHARMA, DHAMMA, AND

DANDA IN ANCIENT India

In ancient India, political knowledge, by whatever name, has been called, such as Dharma,
dhamma, and danda Rajshastra has been given the status of supreme knowledge in many
ancient texts describing its glory. According to Kautilya, dand-niti is one of the three major
vidyas, anvikshiki, trilogy, and talk depend on the happiness and prospering Danda of all
these vidyas. It has been said in the Mahabharata that just as everyone comes at the feet of
Hami, in the same way all the scriptures come in Dharma, Dhamma, and Danda. Regarding
the importance of the penal policy, Bhishma has said that if the penal policy is destroyed,
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then all three Vedas will disappear. Shukra has also said that the essence of the Rajshastra
composed by Brahma has been summarised by Vashishtha and other writers like me for the
prosperity of the rulers and other people of the earth. He has also said that the king should
diligently practise ethics. With the knowledge of this scripture, the king is skilled in beautiful
policy, and without it, the king cannot perform his major duties and the destruction of the
wicked.
According to Manu, Danda is Dharma and the king. Through this, the king protects the
people and makes all the people in the four ashrams perform their duties. When everyone is
asleep, the Danda remains awake. According to The Commander, policy and immorality are
located in penal policy itself.
In ancient India, Dharma, dhamma, and dand were not narrow subjects but wide subjects.
State-related matters were not kept separate from Dharma. Adherence to Dharma depends on
the state. For this reason, the importance of Dharma, dhamma, and dand was considered more
than all others. Dhamma and Dand encompass social order, Dharma, kingly power, and many
other things. These topics can also be called Rajasthan. This includes inter-state relations,
friends, indifferent and enemy kings and their characteristics; income-expenditure; duties of
nation, subjects, planting trees, building temples, law and justice system, forts, forests, army.
Everything was contained. That is, it can be said that they were the main basis of ancient rule.

2.7 CONCLUSION

Compared to western philosophers, ancient Indian political tradition and thinking exhibit a
distinct style of government. This system was initially founded on Dharma and Danda, which
some thinkers referred to as Dhamma. Dharma had a significant impact on the development
of religion and the functioning of the state in ancient India, although some academics view
Danda in the framework of religion due to this. It can be claimed that Dharma, Dhamma, and
Danda were crucial in establishing a welfare and pious state in ancient India because they not
only provide a thorough account of Danda but are also regarded as moral standards in
politics.

2.8 QUESTION

1. Explain the Dharma, Dhamma, Danda in Indian Political Thought.

2. Discuss the significance of Dharma in Ancient Political System
3. Explain the Nature of Dhanda in Ancient Political thought.

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Ideas and Institutions in Indian Political Thought

4. Describe the view’s Ashoka on Dhamma.

2.9 REFERENCE

1. Altekar, A.S. (1949) State and government in Ancient India, Banaras.

2. Bandyopadhya, (1927) N.C., Kautilya, Calucutta.
3. Ghoshal, U.N. A History of Indian Political Ideas.
4. Varma, V.P. Studies in Hindu Political Thought, and It’s metaphysical foundations.
5. Prasad, Beni. The state in Ancient India.
6. Appadorai, A. Indian Political thinking.

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Unit-3

Nyaya, Niti
Vishal Kumar Gupta
Virendra Kumar

STRUCTURE

3.1 Objective
3.2 Introduction
3.3 Nyaya and Niti in Ancient India
3.4 According to the thinkers of ancient India, Nyaya and Niti
3.4.1 Kautilya's perspectives on Nyaya and Niti
3.4.2 Kautilya's Judge Selection
3.4.3 Manu's views on Nyaya and Niti
3.4.4 The idea of punishment presented by Manu
3.5 Nyaya definition
3.6 The concept of Niti and Nyaya
3.7 The "Principle of Nyaya" presented by Rawls
3.8 Second principle of Nyaya
3.9 Comparative Nyaya in Criticism of the Theory of Nyaya
3.10 Sen's philosophy of Nyaya as a model of Nyaya
3.11 Conclusion
3.12 Question
3.13 References

3.1 OBJECTIVE

• After reading this chapter, we will be able to understand what is Nyaya and Niti.
• Nyaya and Niti from Antiquity to the Present.
• Difference between Rawls' justice and Amartya Sen's Nyaya and Niti.

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3.2 INTRODUCTION

The renown professor of economics, "Nature of Nyaya" by Amartya Sen, is a very important
book on the development of Nyaya and a guiding work on the concept of Nyaya. Amartya
Sen took a "Niti and Nyaya" approach based on Indian culture and jurisprudence and, through
the breadth of literature, Amartya Sen tried to present his Nyaya-centric approach to the Niti-
centric approach of "Rolls". His book not only reflects the philosophy of Nyaya that Sen
developed but is also a critique of the book "Theory of Nyaya" written by John Rawls. His
book shows what the "principle of Nyaya" presented by Rolls should have been. He talks
about Niti and Nyaya. In this chapter, given the theoretical research of Sen's work, we will
decode the basic ideas of Nyaya presented by Sen. 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. Amartya Sen has
shown two cornerstones, Niti and Nyaya, in the context of comparative Nyaya theory. Sen
discussed the concept of Nyaya in a very comprehensive manner. Prof. Sen wants to
investigate whether we can address concerns about increasing Nyaya and eradicating Nyaya
rather than addressing the essence of a full Nyaya.

3.3 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. After
independence, after some satisfactory judicial approach in the present system of the country,
the system of Nyaya is now following the path of simple and direct Nyaya. In the field of
Indian ethics also, very little important study of ancient law has been done. It has now
become necessary to do exploratory research into the glorious Nyaya and Niti systems of
ancient India, which are the gold mines. So that we can know that we can get complete
information about the Niti and Nyaya systems of our past and shed light on Niti and Nyaya.

Any welfare state seeks to distance itself from autocracy and arbitrary governance, rejecting
the interests of society as subordinate to any kind of other interest. 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

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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.

In ancient India, many such methods can be seen in the Niti and judicial systems, through
which the conduct of every person was regulated. For example, in the field of criminal law,
appropriate guidelines were presented for punishment, and the quantum of punishment was
determined according to the seriousness of the allegations. 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". Even in ancient India, there were provisions in the
scriptures for punishing the consumer and the customer's resistance, as well as for the
violation of the producer and consumer's interests. Environmental values were also given
prominence.

3.4 ACCORDING TO THE THINKERS OF ANCIENT INDIA, NYAYA

AND NITI

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. The study of
ancient texts like Grantha Arthashastra and Manusmriti presented by Kautilaya also gives
knowledge and presentation of how the government used to perform its functions with its
departments and somehow deliver Nyaya and Niti. The idea was that, just as a doctor uses
tools to remove a piece of a patient's body, a judge may also dig out an unfair matter using
the same logic.

3.4.1 Kautilya's views on Nyaya and Niti

According to ancient Indian thinkers, Kautilya also laid great emphasis on the observance of
everyone's religion. He was of the opinion that by following swadharma, not only the system
of the present is created but the hereafter also improves. In spite of these things, the average
citizen violates the law in many ways. Kautilya also makes judicial arrangements to punish
them. According to his opinion, without Nyaya, the people are deprived of religion, meaning,
work, and salvation, so only through Nyaya can the ultimate goal of the subjects be fulfilled,
which is why Kautilya has given a lot of emphasis on Nyaya and Niti. According to him,
Nyaya is the life blood of the state.

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3.4.2 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. Despite this, he selects judges to strengthen the
judicial system. He believed that there should be three religious judges and an Amartyas in
the higher court, who could sit together and decide the disputes properly. 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
decentralisation of the legal system as well as on fair Nyaya. He emphasised that the three
judges who make up the Higher Court's pillars, which consists of a multi-member judicial
bench at the moment, must be chosen by consensus or majority.

3.4.3 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. She also used to put the impression of the king's consent on the rules
made by these self-made institutions and follow them. 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.

3.4.4 The idea of punishment presented by Manu

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,
according to Manu, this tendency only creates excitement, unrest, and disorder in society; and
this tendency creates a sense of development in man, and he is not able to follow his religion.
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. Therefore, God has
arranged punishment for which the king has been appointed to conduct. According to Manu,
Danda is the son of religion. He has been born by God. Punishment is a process that
disciplines all subjects in every society, forces them to follow the path of religion, and
protects all beings, even when they sleep. According to Manu, if the system of punishment is
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not introduced in society, then people forget their religion by engaging in the conduct of
iniquity for many reasons, and all kinds of rules and dignity are destroyed, but they also
express their views on not arbitrarily using punishment. According to him, punishment
should be arranged according to the amount of guilt the guilty party has Because if this
system is not followed, then there will be a feeling of dissatisfaction in society and the peace
and security of society can also be destroyed.

3.5 DEFINITION OF NYAYA

Nyaya is a term of vague import. The concept of Nyaya is one of the most complex concepts
that consumes much scholarly ink yet remains esoteric and impeccable. In the Bible, too,
Nyaya is considered to be in line with the general quality, but there the concept is vague
because one can see that all values are vague and rejected in favour of common standards.
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. For me, the notion of equality may not be equal for everyone.
Therefore, it would not be appropriate to set standards of Nyaya for each According to the
utilitarian, Nyaya is the greatest task done for the largest number of people. When it comes to
the question of the progress of Nyaya, the process of comparison somehow creates space for
debate, allowing a variety of views to be accepted so that the concept of Nyaya can be
disrupted by being unipolar and one-sided.

Pro. Sen quotes Charles Dickens to give an idea that 'in a small world where children exist,
Nyaya is not so perceived and felt so well.' The important manifestation of Nyaya further
strengthens the strong notion of revelation in Nyaya. This identification of preventable Nyaya
is not only for the animation of Nyaya, but also for the principle of central Nyaya. Although
Nyaya is a complex idea, it is concerned with the proper treatment of all. Pro. Sen has built
his idea of Nyaya on the silence left on the principle of Nyaya presented by Rolls. Rawls's
theory deals with a utopian just society where perfectionism exists where perfectionism is
basically related to the ideal.

Social contract theory, mainly propounded by Rousseau, Hobbs, and Locke, focused
primarily on the institutional arrangements of a society. This approach, which might be called
"transcendental institutionalism," has two distinctive features. First, it focuses its attention on

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being identified as absolute Nyaya rather than a comparative comparison of Nyaya and Niti.
Second, in its search for perfection, transcendental institutionalism focused primarily on
getting institutions right, not real societies.

Sen goes back to the concepts of Niti and Nyaya to explain what real Nyaya is. He
distinguishes between ethics and Nyaya based on jurisprudence based on Sanskrit literature.
Unlike Niti, actual social cognitions are represented by the term Nyaya, which goes beyond
institutions and rules. 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.

What is Nyaya? To understand this, it is very necessary to understand what is Nyaya and how
to reduce it. A man turns to the meaning of Nyaya when he himself has experienced it.
History is full of such examples. Even Mahatma Gandhi started searching for it. So, Nyaya, a
powerful tool that allows a person to comprehend the significance of Nyaya by connecting
himself to Nyaya performed on others. Thus, we can see that Nyaya is an active process, a
decision process that helps one to put a stop to the wrong path. By experiencing Nyaya, a
person tries to bring about Nyaya by correcting what is Nyaya or at least by developing
methods so that Nyaya can be stopped further.

3.6 THE CONCEPT OF NITI AND NYAYA

The whole idea of Nyaya presented by Sen has initiated a dialogue based on the terms of
ancient jurisprudence in Niti and Nyaya. Both words in Sanskrit mean "Nyaya" in their
narrow sense, but going into its explanatory values, both words are focused on two different
perspectives. Before proceeding, it is relevant here to explain the moral and jurisprudential
meaning of these two terms.

"Niti" can also be described as a "theory of the state" or political knowledge. It is an abstract
exercise whose implementation will maximise public welfare and Nyaya. It would be fair to
say that the Niti deals with just rules and institutions according to Sanskrit ethics and ideas.
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,

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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.

Sen gives an example to illustrate the difference between Niti and Nyaya. This is an example
of an extremely rigid kind of Niti that promotes bringing disaster but without considering
how Nyaya will be achieved if the whole world is destroyed. The realization-centric
approach, according to Professor Sen, makes it easier to understand the need to prevent
apparent Nyaya in the world rather than seek Nyaya as a whole. The distinction between Niti
and Nyaya is similar to another well-known distinction in Western legal thought. This
incidentally exemplifies one of Sen's many values: it shows that concepts considered original
in the West were already influential in many provinces of the world in ancient times.

The philosophy of Nyaya is based on incorporating human values of compassion and

inclusion. The political concept of Nyaya is contrary to Niti as it is based on the choice of
institutions to determine the basic structure of society as well as the political concept of
Nyaya. Sen cites the example of Gautam Buddha to illustrate the philosophy of Nyaya as a
paradigm of compassion. According to him, when young Gautama Buddha left his
aristocratic home in the foothills of the Himalayas in search of enlightenment, he was
particularly impressed by the sight of death, disease, and infirmity around him, which greatly
disturbed him. 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." This, he claims, is a key feature of the traditional Indian perspective.
Nyaya's (Nyaya) is the opposite of Niti's (rule), so Sen made "Nyaya" the centre of his model
of Nyaya.

3.7 The "Principle of Nyaya" presented by Rawls

The "theory of Nyaya" presented by John Rawls came to the fore when everyone talked about
the utilitarian concept of maximising the welfare of society or maximising the happiness of
the majority of people. "Nyaya" as a concept was the least talked about. Rawls' Nyaya
principle was viewed as a kind of alternative to the classical utilitarian principle.

Rawls's 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. As such, it

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presents a conflict between the interests of individual individuals and the identification of
shared interests. The benefits and burdens of social cooperation must be defined on the basis
of the principles of Nyaya. No one should fail to observe the fact that the principle of Nyaya,
introduced by Rawls through social contract theory, has its roots in the form of fairness.
Rawls argued that it is necessary to distinguish between actual judgments about Nyaya
(which people have) and their subjective self-determination. There will be inevitable
differences when one resorts to such a measurement, so it is important to modify one's own
judgement in such a way as to reach a stage of equilibrium in which these two conditions are
the same.

Starting with his complex theory, Rawls begins with a moral presumption that Nyaya is
linked to fairness. He adopts this position to arrive at the fundamental principles of member
Nyaya, called the "basic condition". Rawls calls the "original situation" merely the
imagination of people in the imaginary situation and places the restraint of the "veil of
ignorance" on them. This veil deprives them of acquiring knowledge of their status (e.g.
gender, ethnicity, economic status, intelligence, etc.) and their perception of the 'good life or
well-being'. In Rawls's speeches, no one knows their place in society, their social status, their
class, nor does anyone know their fate in the distribution of worth, intelligence, power,
natural resources, etc. I also assume that the parties do not know the perceptions of their own
psychological tendencies or their own goodness. The principles of Nyaya are achieved only
behind the veil of ignorance. This ensures that no one gains or loses in the choice of
principles by the consequence of social circumstances or the contingency of natural
opportunity. Since all are equally situated and no one is able to design principles in favour of
their particular position, you can say that the principles of Nyaya are only the result of a
primary agreement or bargain. The "basic position' is designed by Rawls as an unbiased
approach that is to be adopted in the context of the fundamental principles of Nyaya and
excludes individual interests when choosing the "basic principles of Nyaya" to ensure
comprehensiveness and legitimacy.

Once the veil of ignorance is lifted, the contract will be maintained and once people leave
their original position, it is basically a kind of radical egalitarian liberalism with the necessary
attention paid to the fact that one person should not resort to maximum benefit so much that it
leads to the downfall of the other person.

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3.8 SECOND PRINCIPLE OF NYAYA

Rawls' basic principles of Nyaya are generally a means of achieving the goal. If people are
faced with the question behind the veil of ignorance of whether they will accept the utilitarian
principle that deals with the distribution of wealth, then the answer will not be certain,
because under the veil of ignorance, any person would prefer to behave with dignity once he
goes above the veil of ignorance. He will lay down basic freedoms like consciousness,
religion, freedom, and the right to life, etc. and so will all those basic freedoms demanded by
a member of the minority community. Atrocities against minorities are being committed by
the majority. Rawls included this (political liberalism) principle in his book as a guarantee of
the fair values of political freedom. The need for a fair value for political freedom is because
"equally talented and motivated citizens have a common chance to influence government Niti
and gain authority positions, even if not by social and economic class."

According to Rawls, economic and social inequalities should be structured so that they
benefit the person with the least inconvenience. Those under the veil of ignorance do not
know in what system they will be placed. If the veil is lifted, they will be healthy or unwell,
rich or poor. Therefore, it is advisable to put in place an arrangement whereby there is an
equitable distribution of wealth to ensure that each member is on the safe side, according to
which only those economic and social inequalities that operate for the least benefit will be
allowed.

Rawls negates the idea of feudal elites. Rawls says that a person should not only have the
right to opportunity but also have opportunity in an equal form of natural potential. Proper
equality of opportunity ensures that "office and position" should be open to every individual,
irrespective of his social background, ethnicity, or gender. Formal equality of opportunity is
satisfied when there are no discriminatory legal barriers that prevent many groups of society
from accessing offices and social institutions.

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3.9 COMPARATIVE NYAYA IN CRITICISM OF THE THEORY OF

NYAYA

Sen's main argument against Rawls' theory is that "transcendental institutionalism" is nothing
more than a moral conjecture, a hypothesis on which he advances his theory and which later
becomes influenced by certain limitations.

According to Sen, the most serious flaw in the theory of Nyaya presented by Rawls is its
transcendental institutionalism. Rawls's 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. He emphasises that many Nyaya principles, rather than focusing on the
characteristics of just societies, should include ways to reduce Nyaya and advance Nyaya.
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. Such a catastrophe
meant preventing starvation and saving people's lives rather than looking for ideal
transcendental institutions.

Pro. Sen has regarded Nyaya as a genuine approach, which makes it easier to understand the
need to prevent manifest Nyaya in the world. He calls it the exact opposite of Rolls's theory
of a utopian or just society. Rawls says that Nyaya is "Nyaya equal to fairness." However, in
what sense does Rawls consider Nyaya justifiable? What are the conditions for treating
Nyaya as "fairness"? Rawls provides us with two basic or fundamental principles of Nyaya in
this respect. 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. Rawls's concept of Nyaya reveals despotism in
nature. In this context, Rawls uses the metaphor of the "veil of ignorance" to express his
concept of Nyaya as "fairness." He also used the term 'fairness' to describe his concept of
Nyaya as' fairness'. But what exactly is fairness? In all evaluations, fairness is a demand that
we avoid personal preferences and the concerns of others in terms of biases, vested interests,
and asymmetries.

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

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and concrete demands of a larger plurality. Sen presented his point beautifully with the help
of the example of three children and a flute. Anne, Bob, and Clara are all raising their real
arguments well, and these real demands cannot be dismissed by giving a superficial argument
of being groundless that is based on the pursuit of human fulfilment, or the removal of
poverty, or the right to enjoy products. Due to limited resources, we may not be able to meet
the multiplicity of real voices that meet their real demands. Pro. What Sen wants to propose is
that the concept of Nyaya should not be indifferent to the lives of people who are actually
living them.

Discussing further the "principle of Nyaya", Sen argues that there is an internal dichotomy in
Rawls's freedom theory. As stated earlier, priority has been given to the independence
principle over the second principle, which deals with equality of certain common
opportunities and equality in the distribution of common-purpose resources. In other words,
freedom is the sacred principle that people will not compromise on, even if it relates to better
wealth distribution or the ease of advancing wealth, i.e., the concept of freedom cannot be
reduced to a level of mere convenience. But if we look at when Rawls treats the "primary
argues that there is an internal dichotomy in Rawls's freedom theory. As stated earlier,
priority has been given to the independence principle over the second principle, which deals
with equality of certain common opportunities and equality in the distribution of common-
purpose resources. In other words, freedom is the sacred principle that people will not
compromise on, even if it relates to better wealth distribution or the ease of advancing wealth,
i.e., the concept of freedom cannot be reduced to a level of mere convenience. But if we look
at when Rawls treats the "primary," it includes things like freedom, opportunity, income,
wealth, self-respect, and authority. We can see that freedom has entered, but only as a feature.
One can see that the concept of freedom is being treated like a king and a slave together.
Why, then, is there such an unrestrained priority being given to freedom? Are hunger,
starvation, medical neglect, etc. no less important than individual freedom? It is critical to
note that in his attempt to improve his Nyaya principles, he excluded the concepts of virtue
and property ownership. He only gives room for inequalities from which incentives can be
given so that it creates a new vigour and new vitality among the members that can motivate
them to do their job more efficiently, which can help in the worst case scenario. Sen's
statement here is that the principles which have gone to the original position should not
eliminate the need for encouragement of those principles. Somehow, we can see Rawls taking
one step forward and then two steps back simultaneously.

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Sen's concern is essentially three times Rawls' theory: the first is the inevitable relevance of
actual behaviour; the second is the contractual choice; and the third is the relevance of the
global approach.

Sen casts his vote on the fact that mainstream political and Western society have overlooked
the importance of real human life and social behaviour in search of Nyaya, as well as the real-
world effects of various actions and decisions. When it comes to Nyaya, real human
behaviour and institutional systems must be considered. "There is a two-way interaction
between social Nyaya and institutional need-based rethinking and offering incentives to
practise to enhance the pursuit of social Nyaya. Institutional reforms can be successful only
through changes in actual social behaviour, as these aspects are inextricably linked.

3.10 SEN'S PHILOSOPHY OF NYAYA AS A MODEL OF NYAYA

Sen's book places great emphasis on the human element, as is evident from the different
themes portrayed and the different stories they use. Some of these tales are from the past,
while others are from the present; some are true, while others are made, but they are above all
people. 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, but
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. These are the main
aspects of

There is also a sense-centred view of Nyaya in which to appreciate the need to prevent
manifest Nyaya (e.g., matsynyaya) in the world rather than imagine creating a fully just
society or establishing an innocent set of social orders. 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. The anti-slavery movement
saw the search for that cause as an essential imperative based on a diagnosis of intolerable in
Nyaya. Slavery prioritised freedom from the intolerable in Nyaya and did not necessitate
seeking consensus on what a perfectly just society would look like.

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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. He
demonstrated his point by referring to the classic Bhagavad Gita conversation between
Krishna and Arjuna. Even though he is on the side of good and Nyaya, Arjun, a famous
warrior, hesitates on the eve of the war as he doesn't want to kill his cousins from the
opposing side. Krishna encourages Arjuna to carry out his responsibilities and
responsibilities, irrespective of the consequences. This debate is frequently framed as a clash
between the theorist and consequentialist schools of thought, with Krishna representing the
former and Arjuna representing the latter. Sen, however, claimed that Arjun is not only a
consequentialist in that he is concerned not only about the fact that many people will be killed
in the conflict he is debating but also because he will be killing the people he cares about. In
the Gita argument, Krishna emphasises the basic Niti of carrying out one's work, while
Arjuna both challenges the Niti and questions the Niti (Why should I kill so many people?
people, even if it appears to be my duty?) and ponders the nature of the society that will
emerge as a result of war (is mass murder required to establish a just world? Sen wants to
focus on these resulting debates rather than the Niti-focused debates. They are coming out of
our ancient literature.

To further shed light on his idea of Nyaya through the philosophy of Nyaya, Sen focuses on
the story of Indian democracy. In fact, India is a great example of both the remarkable victory
of democracy and the conspicuous failures of democracy associated with the inadequate use
of democracy. Therefore, Sen's view is more focused on Nyaya. Using his own life
experiences, such as living through the Bengal famine in 1943 and later conducting an
extensive study on the same, Sen included how we as human beings move towards ideas of
Nyaya before Nyaya.

Prof. Sen believes that all transcendental systems of Nyaya are imbued with a basic flaw that
does not emphasise Nyaya reduction and instead emphasises the advancement of Nyaya. The
multiplicity of demands will not allow this entire Nyaya system to stand on its feet.
According to Sen, the presence of treatable in Nyaya can be linked to behavioural violations
rather than institutional deficiencies. 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 '. The idea of Niti deals with organisational justification
as well as behavioural correctness, while the latter, Nyaya, deals with what emerges and how,

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and in particular, how people are able to live their lives. In other words, it is necessary to
assess the role of institutions based on how much inclusivity is reflected in them.

Sen acknowledges the fact that institutions play a very important role in intensifying our
ability to scrutinise the values and priorities we can consider, crucially through public
conversation, and that democracy is an institution that is evaluated in the context of the
public. An institution of democracy must be judged to the extent of how different voices of
different classes are able to raise their voices and whether their voices are actually heard,
because if the democratic institution fails to make the people have their say, fails to provide
the necessary opportunities to raise their voices, this institution is useless.

3.11 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.

Sen's approach to Nyaya is not only institutionalist because the state is seen as an institution,
engaging with the former issue with a Niti approach and insisting on rejecting dogma, but
also exclusion. Domestic local perspectives on Nyaya are constrained in at least two ways.
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 analysed, 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. Focus on comparative extension by Sen In
any case, Sen encourages legal education to meet a greater number of comparative,
international, and, most importantly, international perspectives. This may result in a
(potentially significant) reorganisation of Western legal education, which is related to the
idea of the "impartial audience" that keeps coming up.

Although Sen's work criticises the notion of absolute Nyaya and advocates the removal of
Nyaya, the idea that the pursuit of absolute Nyaya aspires to incredible perfection can be
debated, but the problem is that many plausible cases of Nyaya are much more complex. If
we look at the complex question of gender inequality, we may find conflicting opinions about
what we actually think. Today, questions are being raised in society about whether men

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should be encouraged in the same way that women are because men also contribute to child
rearing and home care, and whether there should be a concept of paternity leave. The reason
why it is very difficult for both men and women to answer these questions may be because
Nyaya is being done to them.

Karl Marx's theory was about an ideal society in which the workers were no longer
subservient classes. The theory was rejected as being imaginary and sustainable, and yet it
did not lead to the establishment of the setup that Marx had envisioned, but it paved the way
for economic reforms to be annulled. Legislation like workers' compensation acts, labour
laws, etc. were possible there. Nyaya also decreases from the point of view of the full society.
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. Sen uses an analogy of
old Hindu jurisprudence with regard to decisions of matsynyaya, or fish, where big fish eat
small fish, which is largely the same as the utilitarian theory that exists today, and cannot be
said to be anxiety-free.

3.12 PRACTICE QUESTION

1. Discuss the principle of Nyaya presented by Rolls and comment on an ideal Nyaya.
2. Explain the difference between Niti and Nyaya.
3. The critique of the theory of Nyaya refers to comparative Nyaya.
4. Critically study Rolls's theory of Nyaya.
5. The highlights of the philosophy of Nyaya presented by Sen

3.13 REFERENCES BOOK

• Charles Dickens, Great Expectations, Chapter 8
• Amartya Sen, The Idea of Justice
• we are. Krishna Iyer, Social Justice - Sunset or Surya Bhor 28 (Eastern Book
Company, Lucknow 1987).
• Amartya Sen, Idea of Justice, page no. 20
• Introductory remarks in the Amartya Sen, Hiren Mukherjee lecture

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Unit-4
SABHA AND SAMITI
Dr. Mangal Deo

STRUCTURE

4.1 Objective
4.2 Introduction
4.3 Origin and Development
4.4 Sabha
4.5 Samiti
4.6 Relationship between “Sabha and Samiti”
4.7 Comparison with Existing Representative Organizations’
4.8 Conclusion
4.9 Practice Questions
4.10 Reference Book

4.1 OBJECTIVE

• A Study of representative institutions of popular governance in ancient India,

• A study of the structure and functioning of the then representative bodies, such as the
“Sabha and Samiti,”
• Comparison of representative institutions of ancient governance with existing
institutions.

4.2 INTRODUCTION

The development of human civilization began with the concept and use of a better
governance system. This concept leads to the development of the individual’s state and the
state’s state within society. It is believed that democracy, the republic, and parliament are the
three concepts of the modern Western political system. But in ancient Indian thought and
literature, there is a mention of political institutions related to governance. The word
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 B.A. (Hons.) Political Science

“republic” is mentioned 40 times in the Rigveda and 9 times in the Atharvaveda. The
functioning of the Sangh or Parliament has been described in detail in the Shanti Parva,
Theology, Smriti, Granth, and Buddhist texts of the Mahabharata. It would not be an
exaggeration to say that the development of political institutions like republics and
democracy started in India from the Vedic era itself. In the Vedic political system, “sabha,”
“samiti,” and “Vidath” are mentioned as representative institutions. 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.

4.3 ORIGIN AND DEVELOPMENT

Thinkers have different opinions about the origin and development of “Sabha and Samiti”. In
this regard, Altekar believes that it appears that the public understood that the Sabha and the
Samiti were God-made institutions. 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. It is possible to
change its meaning according to time and time. 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; the first is the meeting of learned people,
and the second is the meeting of the public. From this, it appears that in addition to important
state assemblies like the House and the Samiti, there was also a less important Sabha which
belonged to a particular class and which determined the social and religious matters of that
society.
Shende has written that the word ‘Parliament’ has been used in place of the House in
Atharvaveda and its members have been called corporators. The divine authority of the king
is not discussed in the Atharvaveda. The king was elected as the head of state. The body by
which the king was elected was called the “Sabha and Samiti”. There is also a mention of
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 Ideas and Institutions in Indian Political Thought

witchcraft in the Atharvaveda, which was used to win the house in debates. Schende believes
that “Sabha and Samiti” were mentioned together.
Ludwick believes that the meeting was attended by upper class people, such as priests and
wealthy people. Ordinary people were members of the Samiti. Jhimr writes that the Samiti
functioned as a village institution and as a central council for the entire people. Hille Brand
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. N.N. Law writes that
various words have been used for these institutions in Sanskrit texts, such as council, Vidth,
Sangati, ““Sabha and 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. In this way, the Samiti also reflects the house, which Hilleband also writes that the
Samiti was a meeting in a way. Ghosal, however, called “Sabha and samiti” a parallel
institution and described the work of the house as deliberative. Ghoshal further writes that
there were two people-loving legislative councils in India in the Vedic period, but it is not
possible to describe their work and role with certainty. Generally, it can be said that the
Samiti was the highest institution of the Vedic people and held an important place as the
advisory institution of the king. 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.
Thus, on the basis of the arguments and opinions given by various scholars, it can be
concluded that the Sabha was a village institution where debate on both social and political
issues was possible. The Samiti was a political body of scholars whose function was similar
to that of the legislature of the central government. It was very effective from the point of
view of governance because the future of the king was determined by its cooperation and
support. If the Samiti was against the king, it was like a crisis for the king. That is, the
influence of the Samiti was also more on the central government and army, including the
king. However, there is no clear knowledge of what the situation in practise was.

4.4 SABHA

In the Vedic and post-Vedic periods, the workings of political and national life were revealed
through the then people-loving meetings and institutions. The Sabha was an important and
popular institution. The general meaning of the house is to be light, which means that the
learned and distinguished people are members, and the house is adorned with their qualities
and activities. The place where they used to gather has been called a meeting. In Vedic texts,

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 B.A. (Hons.) Political Science

the word Sabha has been used in different meanings, such as: building, gaming, place, royal
court, and royal court. Regarding the Sabha, it is believed that it originated in the last period
of the Rigveda. The House was also called Narishtha, which resolution of many people which
cannot be abolished and which cannot be violated. It is also written in the Atharvaveda,
addressing the gathering in the name of Narishtha—
“िवद्यते सभे नाम न�र�ा नाम वा अिस
ये ते के च सभासदस्ते मे सन्तु सवाचास: ”
This verse means, “O Sabha, we are familiar with you there.” Your name is Narishtha. All
those who are gathered here spoke in harmony with me. K.P. Jaiswal has written that the
House was probably a permanent house of certain people who functioned under the control of
the Samiti. The house was a very popular house. Cohesion has been given importance in the
House. The way it is written in the verse, it is proved that Assam was not a place for Jasya
and Assam was considered negative in the Sabha.
There is no authentic mention of the House’s composition and composition, such as the
number of members in the House, the tenure, the qualification or criteria, and whether the
members were elected or nominated. There is also no direct evidence of how the House
functioned. Regarding membership, Diktar has written that the members of the Sabha were
noble, Brahmin, and Madhavan. In the Samhita of Rigveda, the word ‘Sujata’ has been used
for the members of the Sabha, which means that women of good ancestry also participated in
the meeting. The Sabha of Kuru state is mentioned in the Mahabharata’s Sabha parva, and it
is written that brahmins and kshatriyas predominated in this Sabha. There is nothing clearly
written in the Vedic texts about the ability of the members of the Sabha, but the context of
Draupadi in the Mahabharata is important. Draupadi had stated -
“न सा सभा यत्र न सिन्त वृद्धा: न ते ये न वदिन्त धमरम््
न सौ धम� यत्र न सत मिस्त न तत्स्त यं लेनानुिवद्वम् ’’ (महाभारत)
This means that the Sabha, not the Sabha where there is no old, not the old who does not
speak the word of religion, not the religion which is not based on the truth, and the truth is
meaningless with which deception is associated. In some texts, the members of the House
have been called “Sabhaya.” The member who presided over the session was called the
“Chairman” or “Sabhapal. In one verse of the Rig Veda, it has been described as going to the
meeting of the members riding on a horse or chariot. Thus, the Sabha structure had an
institution smaller than the Samiti but was the focal point of the social groups.
The Sabha was formed as an established institution in all the states and districts of the Vedic
period. It is written in the Rig Veda that ‘You make your house civilized, your voice is
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gentle, you should be a member of the Sabha for a long time. All kinds of religious and
political issues were discussed in the meeting. In general, the House appeared to be
equivalent to Parliament by name, but there were special judicial functions; that is, the House
was very important in the role of the judiciary. In the Rig Veda, the word ‘Kil vish-sprit’ has
been used for the Sabha, which means: the institution to correct sin or crime. There was also
a possibility in the meeting that the members who are participating in the judicial process
may also have sin or injustice, so in Yajurveda, the mantra describes the prayer for their
freedom from sin and crime. The original Sabha functioned as a judicial institution, in which
the king acted as a judge, heard cases, and also gave judgments. Thus, the nature of the Vedic
Sabha was more just and legal. Over time, the nature of the Sabha changed, its judicial role
increased.
It is written at one place in the Rig Veda that the cow and its utility were the main topics of
the Sabha talks. The Sabha was not an institution of all groups or people in society, but most
of the public matters were decided in the Sabha. In some texts, the Sabha has been portrayed
as an Amod-Pramod, i.e., an entertainment place. People used to go to the meetings and
gamble. A mantra of the Rig Veda reads, “The gamblers used to go to the meeting and
understand that they would be the ones who would be victorious.” Considering the House as
a separate entity from the Samiti, Bandopadhyay wrote that it is not easy to determine the
actual nature of the meeting. The metal from which the word “Sabha” originates means the
union of the people of the clan or the people. Initially, the Sabha was such, but over time, the
basis of membership in the Sabha was not limited to lineage or locality. The meeting took the
form of a group in which people gathered for any event related to sports, religious purposes,
debates, or local subjects. There was a close relationship between the Sabha and the king. On
the basis of various types of evidence, it can be said that in addition to various types of local-
level meetings, there was also a political Sabha as a best gathering, which was directly related
to the king. The king acted on the advice of the members of the Sabha. The Sabha was an
advisory body as well as carrying out various types of functions.
The role and importance of the Sabha is evident from the fact that during the Ramayana
period, King Dashrath announced in the Sabha to make Rama the crown prince. In the
Shantiparva of the Mahabharata, a gathering has been described in the name of Parliament.
The meeting, in which all the ordinary citizens were also present. For this reason, it was also
called the People’s Parliament, where there were free debates without any hindrance.
ShukranitiSaar describes a gathering whose members were called corporators. Today, just as
there is a Parliament House in the capital, an Sabha building was built for the Sabha. Thus, on

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 B.A. (Hons.) Political Science

the basis of the sources received regarding the House, it is concluded that the role of the
House as a legislative and judicial institution was very important.

4.5 SAMITI

Prajapati’s two duties include the Sabha and the second Samiti, in which the Samiti was the
largest and most important institution in the Vedic social and political system. The Samiti,
which is the sum of sam+iti, which means to gather, i.e., where people of the whole society
used to gather. The Samiti was an important political body of central government in which
the ruler was also present in the House as an ordinary citizen. The Samiti included all
citizens. Instructions have been given in a mantra of Rigveda to ensure that the king goes to
the Vaithaka of the Samiti. The Samiti had complete control over the king or ruler, so the
king could never be autocratic. At that time, the Samiti was the institution of the entire
citizenry, i.e., the whole world. The command of the government was also in its hands. The
Samiti’s displeasure towards the king was like a crisis for the king.
Keith writes that the Samiti was the institution where people’s needs, and their actions were
carried out. There is no clear mention of the composition of the Samiti. Scholars have
different views on the basis of the evidence mentioned in different texts. K. P. Jaiswal writes
that all the people were considered present or members of the meeting. But when particular
philosophical or political topics are discussed in the Samiti, it does not seem possible that all
the people will be present in the Samiti without any reason, as is also mentioned in the case
of Shwetketu. AlTekar has written on this subject that we cannot say anything about the
formation and structure of the Samiti. Whether the Samiti was a government body or a non-
government, whether elected or nominated, what was the basis of it? Whether it was elected,
whether it was for a particular class or for the general public, On the basis of the Samitis of
the then republics or of the upper classes, it is possible that the formation of Samitis related to
the monarchy may also have been related to the upper classes. Like the Greek city-states, the
size of the states in India was small. From this, it appears that eminent people and family
members of society, warriors and scholars must have been members of the Samiti. Looking at
the importance of the priest, it seems that he must have been a member of the Samiti because
in Vedic society, religions and priests were more important than war. It is mentioned that
villagers, sutkars, and rathkars were also its members.
The main function of the Samiti was to elect the king, but what were the rules of the election?
What was its basis? It is not mentioned in detail. The Samiti was also used to remove the
king, i.e., to remove the deposed and re-elect the expelled king. The Samiti also had

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 Ideas and Institutions in Indian Political Thought

discussions on questions related to politics and governance, debates, and collective issues.
Thus, most of the work of the current Parliament was done by the Samiti at that time. Every
member of the Samiti had freedom of speech and could express their views. It is mentioned
in the Rig Veda that “I accept both your idea and your Samiti. It is possible that the Samiti
will do religious, political, and social work equally. Through debate and discussion, the
members of the Samiti wanted to persuade other members in their favour through their
arguments. It is written in Atharvaveda that “I accept the knowledge, talent, and speed of the
members present in the Samiti. O Devendra, make me the leader of this great house. If your
mind has gone towards someone else, or has changed on some issue or thing, I want to
change that mind from there, so that that mind becomes favourable to me and me.”
Regarding the work and duty of the king, it is written in the Atharvaveda that the Samiti
should not cooperate with the king who snatches the property of Brahmins. Although an
auspicious desire for the king to always cooperate has also been expressed, it is written in a
mantra of Atharvaveda. It is also written in the same book that after the coronation, the priest
used to say that the king should sit on the throne and the Samiti should be loyal to him. This
makes it clear that the Samiti was a people’s Sabha and coordination with it was important
for any ruler. Bandyo Padhyaya wrote on the subject:
• The Samiti was a group of all the people of the community.
• It was the Sabha of the entire nation.
• There was a close relationship and coordination with the king.
• The Samiti was usually held at the time of all important purposes, such as at the time
of the king’s coronation, war or crisis,
Thus, in the pre-Vedic period, the Samiti was an important and influential central public
body. At one place in the Atharva Veda, it is described that the Samiti could not live
according to the king who tried to be a dictator or an autocrat. This means that the Samiti also
used to control the king’s innocence.

4.6 RELATIONSHIP BETWEEN “SABHA AND SAMITI”

There is a difference of opinion among scholars on the subject of what should be the
relationship between the Vedic-era people-loving representative institutions, the Sabha and
the Samiti. HillBrand has written that the Samiti, which was an institution and where it was
held, was called a meeting, but this idea is not valid. Ludwig says that the Samiti is a lower
building, and the house is a higher building like the Lok Sabha and Rajya Sabha today.
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 B.A. (Hons.) Political Science

Zimmer called the Sabha a local, i.e., village institution, and described the Samiti as a central
body. Keith is of the same opinion as HillBrand, who wrote that the Samiti catered to the
tasks and needs of the masses and the place of the Sabha session where all members could
have their own views. Most scholars believe that the Samiti was a higher body than the
Sabha. It was also more important in matters related to governance. Whatever the
constitution, authority, nature, and function of the above two houses, it is clear that in the
Vedic period, they had an influence on the administration. Both the Samiti and the Sabha
were so important as an institution that the king or the head of the government could not
refuse to heed its advice. Thus, people saw “Sabha and Samiti” as Prajapati’s two daughters
and considered her as the result of divine legislation, i.e., as a divine institution. As a divine
institution, the “Sabha and Samiti” protected the king.

4.7 COMPARISON WITH MODERN PUBLIC REPRESENTATIVE

INSTITUTIONS

It is clear from the comparison of the functioning, powers, and roles of “Sabha and Samiti”
with modern democratic institutions such as Parliament, UNG, Legislature, Executive,
Judiciary, and Panchayati Raj Institutions that “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. Even after the above similarities, many facts are not the same
because, from the Vedic period to the post-Vedic period, there was no similarity in the form
of governance, the formation and shape of the “Sabha and Samiti”. There is also no clarity
based on membership. There is also no evidence of the rules by which the House and the
Samiti were governed or of which subjects they had jurisdiction. There was no provision like
the rule of modern law. The king was the head of both the rule and the judiciary. On this
basis, it was not at all the same with modern institutions in the Vedic period. Having public-
loving representative institutions is very important in the matter of Indian governance.
“Sabha and Samiti” reflect the glory of the Vedic period.

4.8 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 concepts of democracy, republic,
union, and parliament are not western but have existed in India since Vedic times in the

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 Ideas and Institutions in Indian Political Thought

names of Sabha, Samiti, and Vidth. 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. In the post-Vedic period, there was a change in the structure of both “Sabha and
Samiti”. By this time, the dominance of the elite, i.e., the monarchy, had been established,
and the will of the people was not respected. The influence and dominance of the priestly, the
rich, powerful class over these institutions increased, making the king also autocratic. In the
same Vedic period, democracy was prominent, the will of the common people was the desire
of the king. 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.

4.9 QUESTIONS FOR PRACTICE

1. Which were the people-friendly institutions of the Vedic period?

2. Were the “Sabha and Samiti” Vedic representative institutions? Describe
3. Mention the functions and powers of “House and Samiti”.
4. Compare “Sabha and Samiti” with the present political institutions.

4.10 References

• Dr. Sharan, Paramatma. (1997), Political Thoughts and Institutions in Ancient India,
Meenakshi Publications, Meerut,
• Jaiswal, K.P, (1988), Hindu Polity, Eastern Book House, Patna.
• Altekar, A.Y., (1984), State and Government in Ancient India. Motilal Varanasi Das
Publications Delhi.
• Sharma, Ramsharan, (1999), Ancient India, National Council of Educational
Research, New Delhi

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 B.A. (Hons.) Political Science

Unit-5

RAJYA AND RASHTRA

Dr Mangal Deo

STRUCTURE

5.1 Objectives
5.2 Introduction
5.3 Meaning and Definition of Rajya and Rashtra
5.4 Evaluation of Rashtra
5.5 Evaluation of Rajya
5.5.1 The State in Ancient India
5.5.2 The State in Asoka's Dhamma
5.5.3 Medieval Era
5.5.4 Modern Era
5.6 Conclusion
5.7 Exercise Questions
5.8 References

5.1 OBJECTIVES

1. Study of the concept of state-nation in ancient India,

2. Study of the origin and development of the nation and state,
3. Study of the relationship and difference between state-nation,
4. Contemporary debate on State- Nation.

5.2 INTRODUCTION

Man is a social animal. The context of sociality is associated with the feeling, security and
need of man. Due to this human tendency and need, institutions like family and society

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 Ideas and Institutions in Indian Political Thought

developed. There are some limitations of family and society. 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. The
concept of development of the state-nation is linked with the origin and development of man.
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, due to
which they feel connected in the thread of unity. This connection is emotional. When political
consciousness starts developing in the group, then an institution like state is developed.
In Buddhist texts also, the words rajjya (state) and rashtra (nation) have been used at many
places. Although the main basis of the Buddhist tradition was the Dhamma and the Sangha,
there is also a detailed mention of the nation and the state. Here nation and state were used in
the same sense, hence the word state has been used more and sometimes the word nation is
also mentioned. It is mentioned in a legend of the Jataka that a deity got angry and rained fire
at a place called Madhya Rashtra and made the entire nation unrest.

5.3 MEANING AND DEFINITION OF RAJYA AND RASHTRA

State is a political concept. Which is made up of fixed territory, population, government, and
sovereignty. But the nation-state is defined in terms of modern western thought. The question
arises whether nation-state is a modern and western concept? When did the nation-state rise
in India? There is a difference of opinion between India and the western countries regarding
the origin of the nation-state. Western scholars consider nation and state to be a modern
concept. Western thinker ‘Galner’ in his book "National and Nationalism" describes
nationalism from the perspective of modernity, defines the rise of nation as a necessity of
industrial society. But in India, since the Vedic period, thinking about the nation is visible.
The nation was considered a part of social life.

5.4 EVALUATION OF RASHTRA

The evolution of Rashtra in India from Rigveda to Atharvaveda, the word Rashtra is
mentioned in various Mantra and Samhitas.
‘राजते दीप्यते प्रकाशते शोभते इित राष ।
It means that which is shining bright, that is the nation. The country is the only state adorned
with various splendours. It is described in a phrase in Rigveda and Yajurveda that the
territory ruled by Kshatriya was called nation. In the Bhumisukta of Yajurveda, it has been
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 B.A. (Hons.) Political Science

prayed that he may establish fast and strength in our perfect nation. 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. Although the main basis of the Buddhist tradition was the Dhamma and the Sangha,
there is also a detailed mention of the nation and the state. Here nation and state were used in
the same sense, hence the word state has been used more and sometimes the word nation is
also mentioned. It is mentioned in one of the stories of the Jatak that a deity got angry and
rained fire at a place called Madhya Rashtra and made the entire nation a nation. It is clear
from the above fact that the word nation was taken in the geographical context and it also
symbolized the people's and cultural meanings inherent in the nation. It has been written in a
story of Suttanipat that whosoever enjoys the village and the nation among humans, he
should not be considered a Brahmin but a king.
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, as mentioned in the Vedic period of different states
under one nation. From the inscriptions established by the historical emperor Ashoka of the
Maurya period, it is known that in the western part of today's Afghanistan, the frontier region,
the far south, along with the entire Indian region, there is a similarity in the same script
Brahmi and the language can also be said on this basis. It is believed that this prevalence of
language and script shows that there must have been a single culture which is the most
important element of the nation.
In this way, the concept of nation-state is not only mentioned in Vedas, Upanishads, Smritis,
Mahabharata, Ramayana and Buddhist texts in India, but the origin, development and role of
nation-state has also been described in detail. The attack on the nation-state system was done
by the invaders. From the Huns, Shakas, Turks, Mughals to the British, tried to break the
Indian culture and governance system. Whatever the system of governance in the medieval
period, there was a dictatorship and a theocratic state, but the nation was not visible. 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. The suppression of British rule stirred the
spirit of the nation in the minds of Indians. The description of which is also seen in the
literature. Bhartendu Harishchandra writes in 'India's plight' that –
भारत जननी क्यों उदास
बैठी इकली कोई न पास ।।

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रोवह� सब िमली के आवह� भारत भाई,

हा, हा , भारत दुदर्शा न देखी जाई ।
Along with literature, the expression of the spirit of the nation-state erupted in the field of
religion and social reform. When the British raised questions on the unity of Hinduism. In
response to this, Hindu Dharma Shuddhi Movements were launched, whose aim was not only
to remove the evils existing in religion, but through it to develop the spirit of the nation. In
this sequence, 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.

5.5 EVALUATION OF RAJYA

In ancient India, the use of the word ‘rajya’ in the Sanskrit texts, has been instead, common,
having in it the seven elements, i.e., saptanga. The controversy exists away the scholars as to
the use and meaning of the term ‘rajya’. Ghothal (A History of Indian Political Ideas)
cautions against identifying the elements of rajya with the state; Anjaria (Nature and Grounds
of Political Obligation in the Hindu State), though uses the term ‘state’ for ‘Rajya’
hesitatingly for the ‘rajya’ does not imply anything about the relationship between state and
subjects, V.P. Verma (Studies in Hindu Political Thought and its Metaphysical Foundations)
while rejecting the word ‘State’, refers to ‘rajya’ as an extremely complicated political
structure and organised populations associated with it. R.P. Kangle (“Manu and Kautilya” in
Indian Antiquary 3rd session, 1964), prefers the term ‘rule’ to state.
In most parts of the ancient and medieval India, as also during the sixteenth-seventeenth
centuries in the West, the word “state came to be commonly understood somewhat identical
with the terms “sovereign' or 'king' or 'raja'--- the Nitivakyamrita says' “Raja is the activity of
the ruler? Louis XIV says. "I am the State” Barker (Principles of Social and Political Theory)
referring to Louis XIV rightly says' "Was he not in his own view, as in that of his subjects,
the person who enjoyed the “State and position of being the supreme political authority, and
was he not, therefore, the state.”
With the rise of the nation-state and subsequently, the democratisation of the structure
of the governmental bodies the state came to be known as what it is known now. If
sovereignty was to reside in the sovereign, sovereign was, now in the years since later
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eighteenth century in the west and the post independent era in India), not the king, but the
whole citizen-body expressing its will in the legislature. Barker, thus, concludes, "The state is
now the whole community: the whole legal association; the whole of the juridical
organisation. This is democracy, or a result of democracy; we must henceforth think of the
state as ourselves; and we must henceforth give the name of "Government to the authority
before called state-which is now seen as exercising on our behalf the power which it had
hitherto claimed as its own."
5.5.1 The State in Ancient India
The State in ancient (as is true about the medieval) India was not, as it was with the
17th-18th centuries. English individualists, a necessary evil, though maintenance of law and
order was one of the important functions of the state then. More than, or at least as important
as the security of the people, dharma was an essential aspect of the general conception of the
polity. Accordingly, the state was considered a political instrument to promote the cause of
the Dharma. It was a necessary benefactor, rather a necessary evil; it was an agglomeration of
power with absolute authority over the lives of the people, but was one where 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, in ancient India, was the
basis of the state. The king, referred to as dhritavarla, was regarded as the upholder of the
sacred law whose duty was to promote religion, encourage morality, and patronise education.
That was why he is called dharmapati in Satapatha Brahmana. This makes dharma being
described as the end of the staíc, view generally accepted by most of the Indologists. This is
not to state that the king, in ancient India was concerned mainly with the moral well-being of
the people; he was also responsible for the promotion of the material well-being of the people
as well. 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 as
a whole, all sanskrit literature of the ancient India, emphasising on Moksha through Dharma,
Artha and Kama. The ancient Indian society, wedded to Dharma, was one where the state,
through the office of the king assisted by his counsil and ministers, was to realise the over-all
welfare of the individual.
The State in ancient (in medieval times) India personified itself with the king; the king
was, thus, the personification of the state. The origin of the state is closely related in all
ancient writings to the origin of the kingship-be it 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,
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regards kingship as the handiwork of the magicians who gradually turned themselves into
kings, Hopkins (The Social and Military Position of the Ruling Caste in Ancient India)
observes that the kings were related from aristocrats, heroes and commanders of the army.
But once kings came, kingship, and state became one; the office of the king was the
institution of the state.
There is the reference of the institution of state in Vedic literature. The Ramayana
refers to the origin as well as the institution of the state:” A kingdom without a sovereign is
like a river without water, a forest without vegetation, a cow without a cowherd. The king
leads his people on the path of righteousness and guides them in integrity; he is the parent of
his subjects and their benefactors. The king, discerning good and evil, protects his kingdom;
bereft of him, the country is enveloped in darkness.” 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 Moksha, in a way, both material as well as moral. The Puranic
state makes Dharma as its basis; by Dharma is meant truth; it exists to promote/protect
Dharma, thus it is more or less a law upholding state. Also are referred to the three bases of
the Puranic state : Varta, Dharma, Danda, Varta, implying agriculture, cattle-rearing and
trade; Dharma signifying the eternal which holds, the world; Danda, consisting of
government, sovereignty and obedience—all rolled into one, the state, in Manu Smriti, is one
that postulates a perfect social and economic organisation. Adeveating 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 (friendly and
enemy states) and Mandal rashtra. The functions of the state, in the Manu Smriti are : make
all Varna observe their duties (Dharma) observance of general laws, maintenance of peace
within the state and keep the state free from external control, make laws to control the prices,
settle disputes, impart education, levy taxes, punish the criminals. Manu's state exists to help
the people accomplish moral righteousness, wealth and pleasure. The state, in the Sukraniti,
consists of seven limbs, i.e., the state being a kingdom, the organisation 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. The
Sukra state seeks to attain functions such as (a) protection of person and property (b) the
administration of justice (c) spread of religion and culture, philanthropy and charity (d)
realisation of revenues.
Kautilya's, views, as stated in Arthasastra, are, indeed, vivid.Though he has not
defined what the state exactly is, but he does refer to the seven elements of the state be free

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from wilderness, tigers and Swami (the king with qualities such as bravery, quickness of
decision, strength of mind, easily approachable sharp intellect), Amatya (the ministers-in-
charge of the entire administration), Janapada (population and land; land devoid of rocky,
saline, uneven and thorny tracts and wild animals, and abound in fertile lands, timber and
elephant forests); Durga (fortress, the military establishment to protect the people from
natural calamities, also a kind of arsenal, a storage of military artilleries and communication);
Kosa (treasury, filled with gold, silver, precious jewels, and gems, should be able to
withstand any calamity); Danda (consisting of hereditary and hired soldiers, i.e. force,
soldiers be skilled); Mitra (friendly states). Every element is regarded at par with another in
the Arthasastra.
ith regard to the origin of the state, Kautilya seems to have adveated social contract
theory. He says that the state originated when people got weary of the law of the fish
(Matsyanyaya). The people selected Manu to be their king. It was, he explains, settled that
the king should receive one-sixth of the grain and one-tenth of the merchandise and of gold as
his due share. The revenue so collected would enable the king to ensure the security and well
being of the subjects.
The state, in Kautilya's Arthasastra, is presided over by the Swami, the king; there are
officials who advise him on matters relating to the administration; he rules over his territory
from a fortified capital; the treasury and the army ensure stability and security while the allies
help him keep the kingdom safe. This is what is the crux of the Saptanga theory, and yet,
while discussing the troubles of the king, Kautilya seems to regard the two elements as
primary ones in the state: the King and the kingdom, the king symbolising sovereignty and
the kingdom, the state.
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. And yet, he demands of the
king to protect customs, religion and morality, embracing, thus, the whole range of human
life-social, economic, cultural, religious, political. The protection of Dharma remains,
however, the most important function of the Kautilyan 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. Kautilya says in the Arthasastra, power is
necessary and it means strength, but it is not the end; the end, according to Aristotle, is
happiness of the people. While the state, he argues, has to possess power, its role object is to
promote the happiness of the people.

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The Kautilyan state looks after the material well-being of the state, but it does not stop
there; do also protects the social, religious and the moral lives of the subjects. It supports, the
poor, the orphan, the aged, the helpless, the infirm, the pregnant women and the newly born
babies.
Sanitation and hygiene did not escape Kautilya's eyes. The villages and the cities were
to be built according to plan; every house had to have a dunghill and an outlet; throwing of
garbage on the roads was an offence; dumping of carcass or dead bodies on the road, was a
grave offence; adulteration of grains, oils, alkalies, salt, medicine was a punishable offence.
The Kautilyan state ram a few important industries, though it could not be labelled as
a socialist state; there did run private enterprises. It would be safe to all the Kautilyan
economy as more or less, a mixed one. The state regulated trade and commerce with a view
to promote the welfare of the people : the market towns were established and the market
hours fixed.
To conclude, one may say that the ends of the state, 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. It appeared, more or less, as
a welfare state of our times. There was no other greater object than the happiness of the
people. Aristotle adveates emphatically, this function is a Sutra which reads: "In the
happiness of the subjects lies the happiness of the king and what is beneficial for the subjects
is his own benefit”. The order of the state, we may argue, is not merely for the sake of order;
it also is, as Kautilya puts it, for protection, conversation, development and distribution : the
state must create what is there, and distribute what has been increased.
5.5.2 The State in Asoka's Dhamma
Dhamma is the Prakrit form of the Sanskrit word Dharma, meaning the universal law
or righteousness or, if one likes to extend, one may say, the social and religious order found
in a society. The word, in a way, has a much more general connotation judging by the way in
which the word, Dhamma was used in his edicts, though Asoka gave it a wider meaning.
Asoka's inscriptions consist of two types : the small group, the edicts, describe his adherence
to Buddhism, 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. All these define what he understands by Dhamma, a concept of utmost self
introspection, utmost obedience, and utmost enthusiasm, including in it deeds such as
compassion, liberality, truthfulness, purity, gentleness and goodness and notions such as

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noble and pure intentions, proper maintenance of social relationship and absentation from
animal slaughter.
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.
The first Major Rock Edicts contains the prohibitions of animal sacrifice, and festive
gatherings : “Here no living thing is to be killed and sacrificed, and no assembly is to be
held.” The emphasi be noted, is more in the sacrificing of animals rather than their killing, i.e.
prohibition of the ritual of sacrificing animals.
The second Major Rock Edict relates to certain measures of social welfare including
such as medical centres for men and animals, the construction of roads supplied with wells
and lived with shady trees, and the planting of medicinal herbs.
The third Rock Edict contains that liberality to Brahmans is a virtue : tolerance and
broad-mindedness towards other sects.
The fourth Rock Edict assumes that the policy of Dhamma has improved the general
conditions of the people and there has been a tremendous moral advancement, suggesting
almost an ideal state : a period of prosperity and righteousness when men lived as Gods and
when Gods were not afraid to mingle with men.
The fifth Rock Edict is devoted to matters of social and administrative welfare,
making prisons as reformatories, not a place of torture or a house of doom. It also refers to
the appointment of the dhamamahamattas whose work was concerned with the general
welfare of the populace with emphasis on the teaching and practice of Dhamma..
The sixth Rock Edict makes the relationship between the king and his subjects via the
mahamattas even more clear. The mahamattas are told to make their reports to the king at any
time. The edict gives an impression that Asoka exercised control over the state through a
well-organised system of officers and couriers. His experience of kingship, his knowledge of
it from the theoretical works of the period and his own personality have made him aware of
the responsibilities of being king of such a vast territory.
The seventh Rock Edict pleads for toleration among all sects, the king realising the
harm these sectarian conflicts would produce. .
The eighth Rock Edict stresses the importance of tours, i.e., the Dhammayatas.
Ashoka himself states, the purpose of these tours was manifold, visiting the brahmanas and

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making gifts, visiting the aged and supporting them with gold, visiting the people of the
country and instructing them in high morals.
The ninth Rock Edict maintains that the practice of morality is infinitely more
valuable than the observance of the ceremonies, i.e., ceremonies performed during illness, at
the birth of the child, or when setting out on a journey etc.
The tenth Rock Edict denounces fame and glory and reasserts that the only glory the
king desires is hat his subjects follow the principles of Dhamma, the reason being (a)
obtaining merit in next world and che elimination of danger to man in this.
The eleventh Rock Edict contains the explanation of the Dhamma. The Dhamma, for Asoka,
is a way of life and the essence of what he had culped from his moral teachings. This edict
also stresses the importance of the family, caste system accelerating the development of the
family as an institution of primary importance...,
The twelveth Rock Edict is a direct and emphatic plea for toleration amongst the
various sects, adding, thus the overall progress of the essential doctrines of all the sects.
The thirteenth Rock edict is important in so far as it considers deplorable the deaths
and deportations that accompany war, upsetting in the process all normal rules of social
behaviour. Asoka insists that the idea of Dhamma is opposed to the idea of war.
The last Rock edict is a short one, explaining the intentions of the king to spread the
teachings of the Dhamma to all the subjects in every form.
The Minor Rock edicts, associated with Asoka's Buddhism, do not reveal his ideas on
the theory of the state, though the Pillar edicts do. The first Pillar edict states the progress
achieved through Dhamma,
"for this is my principle: to protect through Dhamma, to administer affairs according to
Dhamma, to please the people with Dhamma to guard the empire with Dhamma.” The second
Pillar edict, continuing along with the first, describes Dhamma as a minimum of sins, many
virtues, compassion, liberality, truthfulness, and purity. The idea, in this edict, attempts to
convey the idea of social and personal relationships, leading, thus, to a better understanding
of social life. The third Pillar edict makes a distinction between virtuous deeds and evil
doings, latter leading to ruins and destruction.
The fourth Pillar edict insists on the uniformity of judicial proceedings and of
punishments, the principle being equality of all subjects in the eyes of law, and also equality
of law throughout the empire. The fifth Pillar edict orders that certain animals are not to be

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killed on certain days (considered, for example, sacred in Buddhism), and others are not to be
killed at all. The sixth Pillar edict explain the purpose of the edicts, that being a concern for
the welfare and happiness of the king's subjects. The seventh Pillar edict mentions the
implementation of the reforms carried out in the well-being of the people.
What appears, following the study of the major Rock and the Pillar Edicts, to be
Asoka' theory of state, as incorporated in his Dhamma, may be summed up in his view of
kingship as (i) a theory of kingly exertion and efforts, (ii) a theory of the well-being of all,
and (iii) the paternalist theory conceiving of people as children of the king, the father : “All
men are my children, and just as I desire for my children that they should obtain welfare and
happiness, both in this world and the next, so do i desire for all men.” He expects king
possessed with qualities such as truthfulness, uprightness, freedom from malice,
compassionateness and forbearance. He also institutes a set of officers, called Dhamma-
mahamatta, as officers of righteousness to ensure the norms and rules of Dhamma are
implemented by all.
To conclude, one may say that the Dhamma of Asoka assumes a state of non-
violence, incorporating a number of ideals and practices. Abstinence from killing was an
important one, so was also the insistence of considerate family relationships and social ones,
whether these were between parents and children, elders and younger people, friends or
various ideological sects. 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. Moderation was, in his
theory of State, the keynote of thoughts and action; there was no attempt of coercion of any
kind, principles for suggested and it was left to the conscience of each individual to make a
choice. Dhamma, the righteousness, remains the very basis of Asoka's theory of State.
5.5.3. The State in medieval India
The Ain-i-Akbari describes the state as it existed in the medieval India, in Akbar's
times, the concept as it came to be understood and the institutions which arose out of it.
The state, as the Ain-i-Akbari (in its own words) 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 (i) a paternal love towards the
subjects; (ii) a large heart : nothing disagreeable unsettles him, nothing discriminatory
elements obstruct him, nothing indecisiveness rebutes; (iii) a daily increasing trust in God :
God makes do him the act, whatever he does, he does on the dictates of God, (iv) Prayer and
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devotion : adversities would not cause him to forget God, reason reigning the desires, his
tyranny never oversteps its limits, it works in favour of the weaker. Royalty, is the Ain-i-
Akbari, is a divinely institution, and the king, a representative of God, the apostle of divinity.
The king is more than a ruler in the Ain-i-Akbari, he is a public servant, he is a patron father,
he is generous and acts always as an example for others. When he sits in judgement, Abul
Fazal writes, “the petitioner seems to be the judge, and he himself...the suitor justice. He does
not permit petitioner to be delayed on the path of hope...... He is forever searching after those
who speak the truth and is not displeased with words that seem bitter but are in real sweet. He
considers the nature of the words and the rank of the speaker. He is not content with not
committing violence, but he must see that no injustice is done within his realm.”
The king, as the personification of the state/kingdom, is always attentive to the health
of the body politic, and is, therefore, ready to apply remedies to the several diseases thereof.
The political constitution, like the animal constitution, becomes well tempered by a proper
division of ranks; and by means of the warmth of the ray of uncertainty and concord. The
king has to put each class (warriors, artificers/ merchants, the learned, the husband men) in its
proper place. These four classes make up the state, each working in its place with all honesty
and hard work to make the body-politic stand on firm grounds and maintain its equilibrium.
But the body-politic too needs officers to maintain peace and prosperity. The Ain-i-
Akbari, therefore, refers to fourfold division of officers. These are the nobles, the assistants,
the companions and the servants. The nobles resemble fire, being ardent in devotion and
conquering in dealing with foes. These include, for example, the Vakil as the emperor's
lieutenant in all matters connected with the realm and the household, and is also responsible
for promotion and degradation, appointments and dismissals, having in him the qualities of
wisdom, nobility of mind, affability, firmness and magnamanity; 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. The (b) assistants of victory
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, resemble wind,
and at times a heart-rejoicing breeze, and at other times, a hot pestilential blast the Vizier, at
the head, is the member of the Divine Faith, is one, a Meilful arithmetician, free from avarice,
warm-hearted, active in business, pleasing in his style, clear in his writing, truthful and a man
of integrity.

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The (c) 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. Wisely fettering ambition on
the battle-field of the world, they extinguish the sparks of wrath by the rain of their wisdom.
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. The philosopher purifies the
morals of the nation, and grinds himself with the noble aim of putting the welfare of mankind
upon a sound basis.
The (d) servants perform the duties about the king. They occupy in the system of the
state the position of the earth. As much, they lie, Abu'l-Fazl says, on the high road of
submission, and in the dust, before the majesty of the king. The table servant, the armour
bearer, the servants incharge of the sharbat and the water, the servant incharge 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 :
i. An upright collector : he protects the husbandman, watches over the subjects,
develops the country and improves the revenues;
ii. A conscientious commander of the army; he is active and strict;
iii. 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;
iv. An intelligencer: he transmits the events of the time without addition or diminution;
he always keeps to the thread of truth and penetration.

The Ain-i-Akbari states that a just king is one who makes himself acquainted with the
characters of men; should be the ragacious people who lay at one extreme, and should be able
to keep himself away from the vicious men, at the other extreme; he should listen to the
former, and improve, if not kill, the latter. A just king should know the people—their rank
and character, and then should regulate business accordingly.
For Abu'l Fazl a great king is one who knows well how the household, the army and
the empire are regulated. He concludes: “The exalted monarch of our times is no endowed
with the laudable-dispositions that it is no exaggeration to call him their exordium. From the
light of his wisdom, he discerns the worth of men, and kindles the lamp of their
energy...adorns his wisdom with the beauty of practice”.

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The theory of state in the ancient and medieval India, by way of conclusion, may thus
be described as the theory of benevolent monarchy. In terins of ethics, it is oriented towards
the ideals of norms and morality; in terms of administrations, it is oriented towards the
welfare and the happiness of the people. As against the western state type the Indian state of
ancient and medieval times has been non-exploitative, promotive, accommodative, its all-
comprehensiveness notwithstanding.
5.5.4. Modern era
The entire western world including India considers the nation-state to be a modern idea.
Andersen considered a fictitious community, then Galner defined it by linking it to
capitalism. In colonial countries like India, the growth of nationalism erupted as an
opposition to imperialism. With the first freedom struggle in India, in the form of social
reform, consciousness developed in the Indian public towards the nation. This consciousness
of the nation did not remain one for many days and the theory of two nations emerged, which
resulted in the partition of India and the birth of two new nations, India-Pakistan. India has
been established as a strong nation since independence and is growing ahead.

5.6 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, but based on the available literary evidence, it can be said that India as a nation
existed from the Vedic period. The single cultural values of different communities, traditions
are like the energy and vitality of the Indian state – nation, 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 vishva guru through cultural nationalism.

5.7 EXERCISE QUESTIONS

1. discuss the evolution of nation and state in ancient India.

2. Discuss Kautilya's theory of state.
3. What kind of state emerges from Asoka's Dhamma.
4. Briefly describe the institutions of monarchy, and the administration as described in Ain-i-
Akbari.

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5.8 REFERENCES

• Abu'l, Fazl S. The Ain-i-Akbari, New Delhi: Oriental Books Reprint Corporation,
third edition 1977.
• Altekar, AS., The State and Government in Ancient India, third edition, Patna Motilal
Banarsidass, 1971.
• Basham, AL., Aspects of Ancient Indian Culture, Bombay: Asia Publishing, 1966.
• BeniPrasad; Theory of Government in Ancient India, Allahabad, Central Book Depot,
1968.
• Ghoshal, U.N., History of the Indian Political Ideas, Bombay: Oxford University
Press, 1959.
• Law, NN., Aspecis of Ancient Indian Polity, London : Oxford University Press, 1921.
• Sen, AK., Studies in Kautilya, Delhi: Munshiram Manohar Lal, 1958.
• Sharan, P., Ancient Indian Political Thought and Institutions Meerut : Meenakshi
Prakashan, 1978. 9 -Thapar, R., Asoka, Delhi Oxford University Press, 12th edition,
1992.
• Early India, From the Origins to AD 1300, London: Penguin Book, 2002.

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