Chapter 4.4 - Checks and Limitations on the King and Royal Officers

In the Vyavahārādhyāya, the king is placed as the supreme judicial functionary. However, the king was not free from some kind of control. It is significant that in judicial actions, on the point of facts, a vast scope of discretion remains with the king or judges. Therefore, the rule is prescribed in the Vyavahārādhyāya to check them. The king is restricted by saying that he should keep an open or impartial mind, should be free from hot temper or greed and according to the laws or dictates of the Dharmaśāstras.^[1] He should not decide at his own will alone, but with the help of learned Brāhmaṇas and sabhyas. Thus, the king is checked by the Brāhmaṇas, learned Brāhmaṇa appointed by the king, the sabhyas, judges and ministers, etc., with their advices.

The points of law are to be determined according to the rules laid down by the Dharmaśāstras. The text insists impartiality in the king and the judges, which is the foremost requirement of administration of justice even today. The author can realise the noble role of the members of the court in the administration of justice, hence emphasised fearlessness, independence and impartiality, etc., on their part. Besides setting the qualifications, a salutary provision is incorporated to keep under check, irresponsible propensity and perversity of the judges. He provides punishment for the unjust judges or sabhyas.^[2] If the members of a court of justice, out of resentment, love or friendship, lust or greed or fear, give a decision, which is not in accordance with the laid down provisions of the Smṛti and usage, in such case members are liable to undergo penalty separately equal to double the amount of fine to be imposed upon the defeated party of that suit.^[3]

The king has the power to restrict various officers, related to the administration of justice, other than the judges or members of the courts. The officers, who, while writing out the order commanded by the king, makes omission, addition or alterations therein, and who releases a thief, are punished with the highest amercement.^[4] The king is directed to dedicate thirtyfold of his illegal extractions or of the fines, which he realises illegally, to Varuṇa and then to make it over to the Brāhmaṇas.^[5] Thus, a heavy fine is to be inflicted on himself, by the king as punishment.

One very significant rule regarding duty and responsibility of the king, towards his subject is found in the Vyavahārādhyāya. The king is held responsible, to give back the property, stolen by thieves or taken away by robbers, or else, he incurs the sin of the thief and as such.^[6] The king is entrusted as the protector of property of the people living in his kingdom. It seems to be appropriate and logical that the state has been placed under an obligation to compensate a person, who is the victim of theft or robbery as tax is collected from them. Thus, the payment of tax was in the nature of an insurance, against the loss suffered by people on account of theft or robbery. Even such a laudable provision is not to be found on the part of the modern government. It can even escape from this liability by merely declaring not detectable. This aspect of the Vyavahārādhyāya reveals the duty of the king as the protector of property of the subjects, inspite of, protecting their lives.

Footnotes and references:

[1]:

dharmaśāstrānusāreṇa krodhalobhavivarjitaḥ// Yājñavalkyasmṛti, 2.1

[2]:

rāgāllobhādbhayādvāpi smṛtyapetādikāriṇaḥ/ sabhyāḥ pṛthakpṛthagdaṇḍyā vivādāddviguṇaṃ damam// Yājñavalkyasmṛti,2.4

[3]:

purvoktāḥ sabhyā rajaso niraṅkuśatvena tadabhibhūtā rāgātsnehātiśayāllobhāllipsātiśayādbhayātsaṃtrāsātsmṛtyapetaṃ smṛtiviruddhaṃ ādiśabdādācārāpetaṃ kurvantaḥ pṛthakpṛthagekaikaśo vivādadvivādaparājayanimittāddamād dvivguṇaṃ damaṃ daṇḍyāḥ na punarvivādāspadībhūtādravyāt/ Mitākṣarā, Ibid.

[4]:

ūnaṃ vābhyadhikaṃ vābhyadhikaṃ vāpi likhedyo rājaśāsanam/ pāradārikacauraṃ va muñcate daṇḍa uttamaḥ// Yājñavalkyasmṛti, 2.295

[5]:

rājñā’nyāyena yo daṇḍo gṛhīto varuṇāya tam/ nivedya dadyādviprebhyaḥ svayaṃ triṃśadguṇīkṛtam// Ibid., 2.307

[6]:

deyaṃ caurahṛtaṃ dravyaṃ rājñā jānapadāya tu/ adadaddhi samāpnti kilbiṣaṃ yasya tasya tat// Ibid., 2.36