Yajnavalkya-smriti (Vyavaharadhyaya)—Critical study
by Kalita Nabanita | 2017 | 87,413 words
This page relates ‘Ancient Indian political system (Introduction)’ of the study on the Vyavaharadhyaya of the Yajnavalkya-smriti: one of the most prominent Smritis dealing with Dharmashastra (ancient Indian science of law), dating to the 1st century B.C. The Yajnavalkyasmriti scientifically arranges its contents in three sections: Acara (proper conduct), Vyavahara (proper law) and Prayashcitta (expiation). Vyavahara deals with judicial procedure and legal system such as substantive law and procedural law.
Go directly to: Footnotes.
Ancient Indian political system (Introduction)
The significance of politics lies on the fact that each and every aspect of a society is indispensably connected with it. The Smṛtis are the repository of religious, political, social, legal, cultural affairs of ancient Indian people. The science of Government, i.e. the provisions regulating the constitution and organisation of the rājya (state), kingship, the power and duties of the king and all other incidental provisions are portrayed in the Smṛti literature, under the title rājadharma. People need a healthy political system to live in peace, in a society. Politics fulfils that purpose by means of law. Hence, the nexus between the politics and the law is like the two sides of one coin. The Yājñavalkyasmṛti is the earliest Smṛti, which records the law part called vyavahāra separately with due importance, in the Vyavahārādhyāya, and deals with rājadharma in the Ᾱcārādhyāya.
The Vyavahārādhyāya discerns information regarding the judicial function and power of the king. The subjects of politics such as the constitution and parts of the state, qualities and code of conduct of the king, education, appointment of council of ministers, warfare, diplomatic relation, etc., are not within the purview of the Vyavahārādhyāya, but are discussed within the domain of the rājadharmaprakaraṇa. Thus, the Vyavahārādhyāya has certain references to the core aspect concerned to the politics and the political system. According to ancient Indian view, which is stated in the second chapter, the origin of polity, i.e. the concept of kingship has evolved with the introduction of vyavahāra, for protecting and enforcing it in the society.
At the very beginning of the Mitākṣarā commentary, Vijñāneśvara aptly observes vyavahāradharma as a part of rājadharma. He states that a king possessed of the necessary qualifications of anointment, etc., the protection of the subjects is the highest duty, which cannot be discharged without eradicating and punishing the guilty or wicked. Moreover, the detection of the guilty is not possible without the administration of justice. Therefore, it is an integral part associated with kingship, to administer law and justice in the kingdom, and with a view to describing the various details of law and justice, the Vyavahārādhyāya is introduced.[1]
The Indian political system comprises two major divisions, which are rājatantra, i.e. monarchy and gaṇatantra, i.e. democracy. Monarchy was prevalent in ancient time. Democracy is of late origin, and continuing in modern age. In monarchical system, the source of all kinds of authority rests in the hands of the supreme ruler known as rājan or the king. The Vyavahārādhyāya suggests that monarchy is the system of government, prevailing in India during the time of its composition, as it is mainly addressed to the king, guiding him how the administration of justice in his kingdom is to be carried on.
Footnotes and references:
[1]:
abhiṣekādiguṇayuktasya rājñaḥ prajāpālanaṃ paramo dharmaḥ/ tacca duṣṭanigrahamantareṇa na saṃbhavati/ duṣṭaparijñānaṃ ca na vyavahāradarśanamantareṇa saṃbhavati/ tadvyavahāradarśanam aharaḥ kartavyamityuktaṃ…/ sa ca vyavahāraḥ… abhidhānāya dvitīyo’dhyāya āraṃbhyati/ Mitākṣarā on Yājñavalkyasmṛti, 2.1