IRIMST i fol 2: ue 3 Issue 2 [Year 2022] __ISSN_ 2250-1959 _(Online) 2348 - 9367 (Print) ‘THE CONCEPT OF DHARMA OR JUSTICE IN INDIAN THOUGHT’ Dr.Rajshree choudhary Associate Professor University college of Law, M.L.S.University Udaipur Dharma have b i cr ek hared wats Been derived and supersede from the vedic concept of Rita, which literally meant, ‘the = - Rita refers to the Law of Nature, it signifies moral laws, and based on righteousness. 1en something is Rita it simply meant that thing is true, right and nothing more. Dharma signifies an law. Anything is right, just and moral is Dharma.! Dharma was a duty based legal system that is every individual owed a duty towards other member of 1 society and duty is something explained by Duguit as “right possessed by every man.” If we observe “Puranas” people of that time was guided by their Karma, They believed their Karma is their Dharma. That is why Yudhistir from Mahabharat was known as “Dharma Raj”. Madhavacharya says “It is most difficult to define Dharma. Dharma has been explained to be that which helps the uplifiment of living beings. Therefore that which ensures welfare of living beings is surely Dharma. The learned Rishis have declared that which sustains is Dharma." ‘The renowned Indian-American Hindu activist Rajiv Malhotra in his article “Dharma is not the same as Religion’? interpreted, the word “Dharma” has multiple meanings depending on the context in which it is used. These include: conduct, duty, right, justice, virtue, morality, religion, religious merit, good work according to right or rule, etc. Dharma provides the principles for the harmonious fulfilment of all aspects of life, namely, the acquisition of wealth and power (artha), fulfilment of desires (kama), and liberation (moksha). Religion, then, is only one subset of Dharma’s scope. WHAT IS DHARMA [As is the case with many other Sanskrit words, it is rather difficult to find an exact equivalent for the ‘Sanskrit word ‘Dharma’ in English or any other. It has been translated as ordinance, duty, right, justice, morality, law, virtue, religion, ethics, good works, code of conduct, and so on. There is no ‘word in any other language, corresponding to Dharma. Dharma has its legal, moral and social shades of meanings which are developed during the course of tradition and historical development.* The word ‘Dharma’ has its root “dhr’® meaning ‘to uphold”, ‘to support’, and ‘to sustain’. The famous verse from Mahabharat savs:* a 1 Bibhu Kaibalya Manik, KIT School 2 Shantanu Rathore, Symbiosis Law School, 3 Rajiv Malhotra, Dharma Is Not the Same as Religion, of Lavy, Dharma as Law and Justice, wwstideshare.net ‘Noida, Dharma and Law, May 13, 2015, ‘www huffingtonpost.in + shodhganga.inflibnet.ac.in/jspuifbitstreamy10603/137697/7/07_chapter%20i.pat 5 abdlakalpadnunam, Nol Il, Nag Publishers, Delhi, 1988.9. 783, © MB, Kamaparva, 69.58. International Research Journal of Management Science & Technology http://www.irjmst.com Page 11IRIMST Vol 13 Issue 2 {Year 2022] 1959 (Online) 2348 — 9367 (Print) ISSN 225 “They call it Dharma since it is Dharma that upholds people. That which upholds the ere. universe, supports it and sustains it, without which the universe just falls apart, is ‘Dharma’. Dhar Sustains and maintains the social, moral, political and economic order.” In the Rig Veda, the worg appears to be used in the sense of upholder, supporter or sustainer’”. Here Dharma is clearly used as masculine agent. In all other places, the word is used either in neuter or in masculine gender. The Mahabharat, the great epic, contains an elaborate illustration of this topic. On being asked by Yudhisthira to explain the meaning and scope of Dharma, Bhisma who has mastered the knowledge of Dharma, explains thus: “It is most difficult to define Dharma. Dharma has been explained to be what which helps the upliftment of living beings. Therefore, that which ensures the welfare of living beings is surely Dharma. The learned rishis have declared that what sustains this universe is Dharma”? In most cases, the meaning of Dharma is ‘religious ordinance or rites", like in Rig Veda!’ and Vajasaneya Samhita’, Here the word is used in the meaning ‘fixed principles or rules of conduct’. In Atharvaveda, the word seems to be used in the sense of ‘merit acquired by the performance of religious rites’. WHAT IS JUSTICE Justice is a broad notion that is based on a concept of moral rightness that incorporates varying Perspectives on fairness, ethics, rationality, religion and law .It is one of the most important moral and political concepts. ‘The word comes from the Latin jus, meaning right or law. The Oxford English Dictionary defines the “just” person as one who typically “docs what is morally right” and is disposed to “giving everyone his or her due,” The idol of Justice blindfolded with balance in hand gives the expression of balancing, weighing and impartial judging which applies to disputes and conflicts. For this purpose justice becomes the referee to give decision of victory or defeat to parties. It seems that Justice has more utility for a conflict situation. It balances principles like liberty, equality ete also. In other words Justice is to provide ‘nyaya’ whenever the Dharma is abused. It is awarded in all fairness. That means punishment is awarded to those who deviate from Dharma and follow ‘a Dharma’."* Many jurist defined Dharma in their own way such as. + H.LA Hart- Justice is moral rightness, just, rational, fair, equality, and varies from place to place, time to time, and person to person. + Plato- justice as a virtue which occurs within the state, He considered that justice as a political virtue. + Salmond- law is the body of principles recognized and applied by the states in the administration of justice. TRV, X. 92.2. ® shodhgange.inflibnet.ac.in/jspuifbitstream/10603/137697/7/07_chapter%20i,pat ° MB, Santiparva, 109. 9-11. ‘ORV, I. 22.18, V. 26. 6, VIL. 43. 24, IX. 64.1. MW tpid., 1.164. 43, X. 90.16 2 Vajasaneya Samhitd, 11.3 13 hapsi/www.slideshare.neUBibhuKaibalyaManik/dharma-as-law-and justice T Dacnarch Ianenal nf Manacament Science & TechnologyIRIMST Vol 13 issu; LEC? MVear 2022) Issn 2250-1959 (Online) 2348 — 9367 (Print) * Roscoe pound- Law j - Law is tl 5 sho administration ee body of principles recognized or enforced by public and regular court SOURCES OF DHARMA FROM VEDIC PERIOD TO MODERN ERA cated Originated from Vedas which are Sruff and they ave the supreme soures of know edge for ces rile of what is heard from the ancient priests that is Sruti and they cones nouns ake, Sy tything possible ranging from military to politics to common people’s life.'* Its ie Didineticceccd, which are the interpretation of Vedas and four sages have propounded the and are called Smritikars. They are: 1. Manu 2. Yagnavalkaya 3. Brihaspati 4. Narada The other source has been Puranas which are eightcen in number and c creation and dynasties of god, sages and kings and detailed description of yugas. on the same footstep and no one has supremacy over the other. Idea which made people adhere to the Dharma can be illustrated by one verse from Brihadaranyaka Upnishad which is, “punyo vai punyena Karmana bhavati, Papah Papeneti”, meaning ‘everyone becomes good by good deeds and bad by bad deeds’, in other words ‘every one reaps what he sows" and what’s good is defined by Dharma. 1. Sruti: What was heard: Vedas which are shruti approximately accepted to be 4000-1000 are: * Rig © Yajur © Sama © Atharva Vedas depict the way of life of our ancestors, their way of thinking, customs, and thoughts but doesn't deals with rules of law in any systematic manner. At that time certain sets of rule existed ‘ontains information about the All the sources are B.C. There are four Vedas which which are adopted from Vedas. 2. Smriti:What has been remembered: Development of Law through custom continued till we come to the Smritis. With the Smritis ushered in the era of the systematic exposition of the rule and principle of law. Smritis divided into two parts which are — © Dharmasutras'* © Gautam's Dharmasutras 0° Baudhayana's Dharmasutras © Vasistha's Dharmasutras © Vishnu’s Dharamsutras 4 De-Paras Diwan. Modern Hindu Law,Page-28(22nd Edition,2013) +5 Dr Paras Diwan.Modern Hindu Law Page-28(22nd Edition,2013) International Research Journal of Management Science & Technology hitn://wwuy irimet.cam Page 13© Harita Dharmasutra * Dharmasastras \_-27 Achara(deals with rules of religious observances) 2 Vyavahara(deals with Civil law) 07 Prayaschita(deals Penance or expiation) In Vyavahara the Smritikaras deals with law under 18 titles and 132 subtitles. They have discussed rules of both substantive and Procedural law". There are many commentators of Dharmashastras but among them Manu, Yajnavalkya and Narada created a procedure to be followed by all. And such Procedure is guided by Dharma. They define about the power-and li a King, the status of etc. DHARMA DURING VARIOUS AGES: Dharma and Justice during Islamic Rule: The end of Muslim rule in India was as spasmodic as its beginning, It took five hundred years for its establishment (712-1206) and one hundred and fifty years for its decline and fall (1707-1857) On\the other hand the five hundred year long Muslim rule did not fail to influence Indian political and cultural life in all its facets. Muslim rule apart, Muslim contact with India can be counted from the seventh century itself. Naturally, the interaction of Muslim culture with the Hindu way of life, backed by the superimposition of Muslim rule in India, gave rise to a sort of a common Indian culture. With the advent of Muslim rule, the place of Dharma was taken by Quranic teachings along with Gita teachings. Though the objective of both is same as Dharma but the path became different. Gradually the general perception about Dharma converted to Religion'” Dharma and Justice during British Rul With the onset of British rule, and their ignorance of the Indian laws had a devastating effect on the concept of Dharma as they found no laws here to govern people and they started to fix the issue by either importing western law or say natural law with the devices of equality, justice and good conscience or imposing western laws by means of codification in fields where no law was offered by cither the Hindu’s or Muslim’s Natural law, teachings and customs. To destroy the Indian economy they have introduced so many inhuman plans. Agriculture system which was backbone of Indian economy to destroy that British started to open slaughter houses in India as they identified cattle are main resources for agriculture'®, Cattles especially cows who are believed as sacred by Hindus were slaughtered and latter it caused Hindu Muslim enmity. In Latter period Wine and Prostitution became the business which was. banned before 1760. ‘6 Dr.Paras Diwan Modern Hindu Law Page-28(22nd Edition.2013) * atps:/Avwwslideshare.neUBibhuKaibalyaManik/dharma-as-law-and-justice 18 Robert Clive removed ban on Cow slaughter in 1760, Why Cow Killing Started in India, Manish Goyal (MBA) » hutp:/www.savemothercow.comv/story-hy-cow-killing-started-in-india/ International Research Journal of Management Science & Technology 4 hitp://www.irimst.com Page |= 9367 (Print) The civil rights and arbitrary Bere S enjoyed by people were taken away. Indians were treated ruthlessly and every sphere of life ranging from political to social and economical. Indians f - During nee back for the rights and Liberties that they enjoyed before under the Law of Dharma. disrespect to Bea eameRAN tial, Gandhi ji remarked that he disobeyed the law not to show Which he soeetish law “but in obedience to higher law of our being ~ the viee of conscience’, by system ant Dharma. The ruling of Monarch gradually came to an end and the British ruling in as spread all over India, To continue their monarchy they have played divide and rule Policies. The discrimination among Hindu, Muslim, Sikh, Christian, is made to destroy the unity among the Indians.'? Dharma in Post Independence Era: ‘The struggle for independence was the struggle for basic rights and civil liberties that one as a basic human being should enjoy and the same was kept in mind, while making The Constitution of India. ‘The principles of natural law (Dharma) found its way into the constitution in the way of fundamental Tights. Dharma was codified. Dharma as we all know was a duty based legal system but the current legal system became a right based one. In many Supreme Court verdicts Dharm is explained in Indian scenario, In Narayana Deekshitulu vs. State Of Andhra Pradesh & Ors™, there is & comparison between the constitutional laws and Raja Dharma, the definition of Dharma is tried to be clarified by using different verses from everywhere, ‘Dharma In context of Rajya only means law" and Dharma is secular or maybe the most secular. The same view is held until now, by all the courts ‘and is not disputed that Dharma is an eternal bliss, which has seen many par and parcels of human life, mortals, but remained immortal.”" A CONSTITUTION AND DHARMA Unlike many countries of the world, in India there is a freedom of religion which is defined under “Article 25(1) of its constitution. The most important feature of this is that it provides the freedom not daly to the individual but also to the groups. Moreover, the Supreme Court also held in Ratilal Panchand vs. State of Bombay” that the freedom of religion extends to all persons including aliens of other countries also. Article 15(1) of the constitution of India prevents to state from discriminating anybody on the ground of religion. It was also ordered by the hon’able Supreme Court in Nain sukh Das vs. State of U.P ® held that the constitutional mandate to the state not to discriminate on the ground of religion extends to political as well as other rights. Under the “Right to Freedom of Religion” from Article 25 to 28, various provisions can be seen which again reinforce the ideal of secularism. Article 25 gives all persons in the country freedom of conscience and free profession, practice and propagation of religion. Article 26 provides freedom to all religious denominations to establish and © purps://www.slideshare.neUBibhuKaibalyaManik/dharma-as-law-and-justice 29 1996 AIR 1765, JT 1996 (3) 482, htepss/indiankanoon.orp/doc/28343/ 2 jutpscftwww.stideshare.neUBibhoKaibalyaManik/dharma-as-law-and-justice 2 1954 AIR 388, 1954 SCR 1035, https://indiankanoon.org/doc/1307370/ IR 384, 1953 SCR 1184, heips:/findiankanoon.org/doc/t 101047/ International Research Journal of Management Science & Technology hutn://wwwirimst.com Page 15IRIMST_Vol13 Issue 2 [Year 2022] _ISSN 2251 1959 (Online) 2348 - 9367 (Print) maintain institutions for religious purposes, manage its own religious affairs, acquire and administer movable or immovable property. Under Article 27, no person can be compelled by the government to pay taxes for promotion of any particular religion. In Kesavanada Bharati V. State of Kerala and in Indira Neharu Gandhi V. Rajnarain®* the Supreme Court has observed that by secularism it is meant that the State shall not discriminate against any citizen on the ground of religion only and that the State shall have no religion of its own and all persons shall be equally entitled to the freedom of conscience and the right freely to profess, Practice and Propagate religion. Under Article 28, religious instruction is banned from being given in educational institutions maintained wholly out of state funds. Last but not the least, under Part 15 relating to conduct of elections, Article 325 provides that no Person can be ineligible for inclusion in an electoral roll or can claim inclusion in a special roll on the grounds of religion DHARMA AND RELIGION Dharma and Secularism: ‘arva Dharma Sambhava, which literally means that all Dharmas (truths) are equal to or harmonious with cach other”. In recent times this statement has been taken as meaning “all religions are the same” — that all religions are merely different paths to God or the same spiritual goal. As we all know India is a secular country. That means there is no official religion of India and it also Tespects all the religion which are in its territory. In the landmark judgment of S.R. Bommai vs. Union of India”, the Supreme Court also held that secularism is a part of the basic structure of the polity. ‘The expression “Socialist Secular" was inserted in the preamble by the Constitution (42nd Amendment) Act, 1976. The object of inserting this expression was to spell out expressly the high ideas of socialism and secularism and the integrity of the Nation. In short, the object of the Government, in making this amendment was to make explicit what was already provided in the Constitution.” Dharma and Personal La Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. As Dharma was interpreted in different way and with different ideologies in various religions, the customs, social practices, life style of people were changed. Hindu law started to been codified according to the changes in outlook and lifestyles, as it was realized that ancient way should yield to realistic approach of life. And For Islam believers Muslim law started to been codified. The Codifications were based on the customs and practices of people and the justice. Marriage, Guardianship, Adaptation, Succession, Maintenance were the main grounds emphasized.”* 7876) 34 (1973) 4 SCC 225) , https://indiankanoon.org/doc/25 25 (1975 ATR 865, 1975 SCR (3) 333), https:/indiankanoon.org/doc! 12401741 26 1994 AIR 1918, 1994 SCC (3) 1 , https://indiankanoon.org/dec/60799/ 27 hups://www.slideshare.neV/BibhuKaibal yaManik/dharma-as-law-and-justice I -/BibhuKaibalyaManik/dharma-as-law-and-just Tararnarianal Recearch Iournal of Management Science & Technologyjust _NOl13 8862 [vear 2029) ISSN 2250-1959 (onli 1e) 2348 — 9367 (Print) parma and Uniform Ciyiy Ie was decided to add the ime ia lemeritai panels of the Constimios Plementation of a uniform civil code in Article 44 of the Directive niform civil code is the we of each major religious aaa © replace the personal laws based on the sc He distinguished: fom: petty nia win a maintenance. Goa has e tures and customs ‘common set governing every citizen. These laws ‘oom a tnd cover marriage, divorce, inheritance, adoption and code. The Special Marriage A n family law, thus being the only Indian state to have a uniform civil Of any specific relisige Act 1954 permits any citizen to have a civil marriage outside the realm "gious personal law. It became one of the most controversial topics in contempo: debate then eee nas dting the Mohd. Aimed Khan vs. Shah Bano Begum and Ors? in 1985. The then focused on the Muslim Person Law, which is partially based on the Sharia law and remains u wcrsonal P: ly inreformed since 1937, permitting unilateral divorce and polygamy in the country.” Riots in the name of Dharma: watt the flow of time and situation the Meaning and value of Dharma also changed. Dharma ecame right instead of Duty and it divided into religions. India faced so many Religious Riots after Independence. Such as Nokhali Riots (1946) so many Hindus were killed during the division of Pakistan, Gujrat Riots(1969) so many Hindu Muslim were killed during this riot, 1984 Anti Sikh Riot which was faction of Indian National Congress and Sikh, 1992 Bombay Riot,2002 Gujrat Riot . Many lives were destroyed in the name of Religion. Dharma lost its identity in the name of religion.*" Religious Intolerance Intolerance is the act of refusal to accept, appreciate and respect any practices, beliefs, or opinions of the people of another group, religion, cast or customs. This Intolerance debate sprang from the Dadri incident of September 2015, where a Muslim man was killed by Hindu men of his own village, for allegedly slaughtering and eating cow meat. Many opposition leaders and intellectuals, artists protested such intolerance. The mainstream media turned a crime scene into a religious intoleranice within few second. A crime done by a mob of a community became a identity of Nation. In this context the Hon’ble Chief Justice 7S Thakur asserted that- “Ido not want to say anything on how politicians use this and try 10 take advantage of it, but we are committed to uphold the rule of law and protect the rights of all citizens. These are all matters of perception. There is nothing to fear till the judiciary is independent." Religious Games Played by Politicians: India is a secular country people of many religions are living in various places of India. But the gious game for their own gain. To gain vote they sometimes make fake promises % 1985 AIR 945, 1985 SCR (3) 844 , https:/“ndiankanoon.org/doc/823221/ > hutps:/fwww.slideshare.net/BibhuKaibalyaManik/dharma-as-law-and-justice >! hutpsu/www slideshare.neUBibhuKaibalyaManik/dharma-as-law-and-justice 22° RINDIA _ hp://wvww.fitsipost.convindia/intolcrance-debate-what-chief-justice-ts-thalcur-said-and-how-the-media- interpreted-him-2536048.htm! _—AaEr—eE — International Research Journal of Management Science & Technology http://www.irjmst.com Page 17SN 2250-1959 (Online) 2348 - 9367 (Print) IRIMST Vol 13 Issue 2_[Year 2022] to certain communities. It is also noticed that Sometimes that the politicians gives provocative speeches during election campaign only for gain of vote from certain community. In October 2016 a seven-judge bench headed by Chief Justice of India (CJD 7S Thakur held while examining whether the 1995 “Hindutva judgment ™* needed to be reviewed. The Apex Court added- “Ifa candidate or his/her agents use a religious speech delivered by a priest or a cleric to mobilize is tamamount to ‘corrupt practice’, the Supreme Court said on votes during campaigning it Wednesday, The election of such a candidate can be quashed, A religious leader delivering a speech lat the behest of the candidate 0 influence voters of his community also amounted to “corrupt practice" because of the candidate's consent and this could be a ground for disqualification. “a CONCLUSION Dharma and law as seen above may seem to be in contrast, but the ideology behind them is same. At large, law is a part of Dharma without disharmony and they constitute single integrated whole. ‘Dharma on one hand is taken to be religious in recent society but in reality Dharma is duty and moral conscience. The Hon'ble Supreme Court in many cases defined Dharma and its relation with morality and Indian Secularism. Dharma has been and is guiding our conduct, moralities and laws in varying degree. One may not find any relation between the two on the face but on a deep analysis both are interrelated integrated whole. May be the perception of people is changed now regarding Dharma but objective of Dharma is still same. Only path became different. When Dharma loses its identity or become diversified, justice serves Nyaya to protect the Dharma. Justice is not merely right determination and adjudication of disputes and enforcement of Law, but is so comprehensive in its meaning and import that it takes within its ambit the whole of political, social, juristic and moral idealism. It is so, because Justice has reference to the whole of human existence which we want to realize by our thought, will and action. The mystery of Justice cannot be unravelled by human reason, logic or language completely. It has greater appeal to human soul. Justice as reality is only fully reflected in our conscience and felt through our intuition. In today's world it can be said that we are facing problem like forceful conversion, terrorism, riots etc, only because of Dharma but the truth is these problems are being faced because we already have forgotten the real meaning of Dharma. But it is also truth that still morality, duty, rule of law are first priority of human being to create a civilized society which shows that Dharma shaped in recent system of governance in an implied manner. ‘Dharma’ is one of the many sources of modern law and is shaping society. Hence it can be said that Dharma and law are closely related and interwoven. BIBLIOGRAPHY * WEBSITES REFERED: 1. www.indiankanoon.com 2. www.thehuffingtonpost.in 3. www-firstpost.com 33 Famous 1995 verdict, known as the ‘Hindutva judgment’ a three-judge Supreme Court bench,headed by then Chief religious-speeches-in-poll-ca Justice LS. Verma, 3” Dnaindia.com, hup://www.dnaindia.convindia/report-supreme-court-clamps-down- mpaigns-2265738, ———— International Research Journal of Management Science & Technology Page 18 hittp://www.irimst.comSupreme Court Journal Vol. VIII Part 50 16 Dec, 2010 29-31 CONCEPT OF DHARMA, JUSTICE AND LAW: A STUDY By Dr. Mukund Sarda’ 1, Any Government will have a strong basis_for its survival, “if_it_is fomded on liberty—and_justice.”’ Justice under law without social justice’, no longer has any meaning or significance. 2. It is no doubt that people since times immemorial hoped for justice and its survival at all times? and ‘justice’ has been the watchword of all major social and political reform movements. Endless*: and ceaseless efforts were made to abolish injustice, tyranny and exploitation. In the common parlance justice is equated with everything that is good, mercy, charity and truth and other equivalent expressions. However, in the words of a\.Greek thinker Thrasymachu, it cannot be defined as the interest of the stronger’. Justice is not an irrational idea’ and the search for it is an eternal quest®. 3. Whatever is considered as ‘just’, according to a reasonable man is considered as ‘justice.” Gandhiji emphasized the need for establishing a ‘just society’ which he considered; as a necessary ideal for India's survival as an independent and vibrant nation’s in his concept of Ram Rajya and Swarajya which he elucidated as follows:- Principal & Dean, Faculty of Law, Bharliya Vidya Peet New Law College, Pune Renganath Mira CJ in All India Judges Association v. Union of India, .AIR 1992 SC P. 165 at P. 177. Telram Conference on Human Rights, 1966 quoted by Pratap Subhas “international Workshop on Human Rights’, 1992 AIR August Journal P. 113 at 114. See for details WU John C.H. ‘cases and materials on jurisprudence, West Publishing Co: 1958. Quoted by Cohen and Cohen. ‘A reading in Jurisprudence and legal philosophy’, Little Brown k Co., Boston, 1951 at p. 621. Bodenheimar, E ‘Jurisprudence’, 1951 P. 178. Hans Kohen, Bishin and CD Stone "Law Language and ethics, New York, 1952 P. 39, Lord Wright, ‘Future of Common Law" P.114, Deshpande., M.S. “Light of India — Message. 1 of Mahatma’ Wilco Publishing House, 19561 P. 172.Supreme Court Journal Vol. VIII Part 50 16 Dee, 2010 29-31 (1) Poorest shall have an effective voice in the making of the Country; (2) No distinction/existence of rich and the poor; (3) All communities shall live in peace; (4) No curse of untouchability or curse of intoxicating drugs or drinks; and (5) Women shall enjoy the same rights as men. Nehru highlighted the need ] for ‘social justice’, and "only through social justice, chronic poverty in India will be solved... ; ending of poverty, ignorance, disease and inequality of opportunity to ; wipe every tear from every eye", 4. In ancient Indian Society, Law and Dharma were not distinct concepts. In Dharma Sastras, Smrities and j Arthasastra, the concept of Justice, law 5 and religion were not distinguished and invariably justice was equated to Dharma and Vide-versa® and the Mosaic Law of Israel considered ‘Law' and ‘justice’ as. I inextricably inter-woven™ and ‘justice’ is considered as a distinct segment of morality to which law must conform” 5. Stammler* classified the principles of justice in two r categories:- (1) Principles of respect; and (2) Principles of participation Respect for human person and means of participation shall be ensured and no one shall be subjected to arbitrary will another and no member shall be ‘arbitrarily excluded from the legal community. John Rawls“ proposed a general concept of justice in these terms: Quoted by V.R. Krishna lyer "Human Rights and the law" Vedpal Law House, 1994, 10 Sen Gupta NC "Evolution of Ancient Indian I Law’ Calcutta, 1954 P. 336. it Quoted by Julius Stone, "Human Law and \ Human Justice” P22 12 Hart HLA ‘The concept of law-' 1972 j p. 152-153. #8 Quoted by WU John CH, Cases and Materials , on Jurisprudence, West Publishing Co., 1958 P. 499-500. ‘Quoted from Miller David "Social Justice’, j 1976-P-40. See also Rawls John ‘A theory of Justice ‘ Oxford 1972 P.103. silablsratdndamtabetrart=7 709A? Flartranie eam€olntnSuprem Teens Court Journal Vol. VIII Part 50 on “All social primary goods-liberty and opportunity, income and wealth, and the basis of self-respect-are to be distributed equally, unless an unequal distribution of any or all of these goods is to the advantage of the least favoured”. To establish justice in the World is to destroy the bad and the evil, to stop the strong exploiting the weak, to develop knowledge and welfare of the people."® Verily that which is justice is truth’ and the law is a means to an end and justice is that end.” 6. A Knowledge-based society is basis to social justice’'® and to serve mankind is service to God and thus concept of service becomes a national ideal!9. It is therefore, necessary that every rule must promote which is good to people. In the happiness of the subject lies the King's happiness, in their welfare his welfare. What pleases himself, the king shall not consider good but whatever pleases his subjects the king shall consider good?°. This is conveyed in unequivocal terms by Bentham thus: "The public good ought to be the object of the legislator, General utility ought to be the foundation of his reasonings. To know the true good of the community is what Constitutes the science of legislation, the art consists in finding the means to realize that good"? Dharma is a special attribute of man. Beret! of Dharma, man is equal to animal??. The Vedas are considered as the ‘first source of Dharma'28, Dharma constitutes the foundations of all affairs in the World. Everything in this World is founded on ‘The great King of Babylong (2124-2083 BC) Hurnmuali proclaimed. ‘The Upanishad 1-4-14, Krishna lyer, J in All India Judge Association v. Union of India AIR 1992 SC P.176. ‘Mohini Jain v. Stale of Karnataka (1992) 3 SCC P.666. See also Unikrishnan v. State of A.P, (1993) 1 SCC P.645. K.L. Sarkar, Tagore law Lectures, 1905 P437- 438. Kautilya ‘Artha Sastra’ P.39. BenthanVs theory of legislation by Upen.tra Baxi Chapter 1 Page (1) Hitopadesha Prastavika - 25 M. Roma Jois, ‘Legal and Constitutional History’ Vol. 1 P. 1 Hine: Jenen eneahen arts? 702042Supreme Court Journal Vol. VIII Part 50 i 16 Dec, 2010 Dharma and it is therefore, considered 'supreme'?+, Commandants of Dharma like Nature's laws, admit of no meddling?s. 7. It has been emphasized that those who exercise political power must wear the hand glove of Dharma and ‘principles of Dharma governs every sphere of activity including governance of the Country. The duty of the king was clearly defined in Dharma Sastras and for violation, the king becomes unlit to rule2? and Dharma Rajya means ‘rule of law’. King respected by the people only if he acted according to law (Dharma). Rules of Dharma not alterable according to whim and fancy of the king and it was essential that Ihe exercise of political power must be in conformity with Dharma - an essential aspect of governance. This is what is meant by 'Rule of law' in the present day context. According to Dr, S. Radhakrishnan, "Dharma righteousness is the king of kings. It is the ruler of both the people and the ruler themselves. It is the sovereignty of the law”.28 Dharma in Indian tradition also stands for law and morality and no State can be devoid of law and morality.?° Dharma is right action Dharma or virtue is conformity with the truth of things".3° Dharma protects those who protect it and those who destroy it get destroyed! and the entire concept of rule of law is incorporated in Dharma.%? According to K.M. Panikkar, the King's coronation ceremony is a Diksha - devoting his life to the cause (service of the 34 Mahanarayanopanishat See 79-7. 25 Dr. K.R. Srinivasa Iyengar ‘Sitavana’ P166* 167 26 Fredic Ma* Muller, “(ndia-tvhat can it teach us’ P6. 27 R.C. Majumdar "Ancient India", PI54-155, Quoted in 'the framing of India’s Constitution’ by Shiv Rao Voi II Pi MS, 28 29 Dr. LM. Singhvi, "Freedom on trial’ P.8S, S. Radhakrishnan, ‘Hindu view of life’ Chapter * IV P.66. See also AIR 1996 SC 20 PI765 Para 62 to 82. 31 Manu VHJ-15. 32 Dr. Shankar DayaJ Sharma, in his convocation address at National Law School, Bangalore, 1393.‘Supreme Court Journal Vi Supreme Si ol. VIII Part 50 pat people) <5 Support to the king depended on king e conforming to Dharma or justice.*4 The first legal code of Hindus enshrines both philosophy of life and of law with special stress on morality, Danda (punishment) and justice?’ Justice is a moral State.°° Gandhiji observed: "My soul refuses to be satisfied so long as it is a helpless witness of a single wrong."*7 9. As Friedmann observed: "The tale of natural law’ is the search of mankind for absolute justice and of its faiJur-c". Legal iiistice i.e., according to law has several inadequacies and fails to meet, what and justice in truth’. The efforts are required to be made to induct more and more moral content iri the law and raise the level of legal justice to absolute justice standards. 10.In conclusion, it may be stated that rule of law rests on the strong foundation of effective enforcement of laws. If the laws are not effectively enforced, the rule of law breaks down. When rule of law breaks down, Gemocracy collapses and when it happens the Sssence of ‘free Government disappears and the Government ceases to be a Government of Jaws but gets converted into ‘rule of men’. That would be the énd of democracy, liberty and freedom and the system of Government becomes dictatorship and becomes an engine of oppression. & KM, Panikkar, ‘Ideas of Sovereignty and State in Indian Political thought", P- as 35-36 Manu's, in 12 chapters. Code of Manu constructed between 200 BC and AH 200. In the words of Aristotle, W.D. Ross (1954) Vol. DC P 1134. Gandhiji quoted by deshpande M.S., ‘Light of India- Message of Mahatma, P-34 (1950). “Manusmirithi Chapter VI-19. Manusmrithi consists of 2694 verses