Hindu Administrative Institutions c10.s6.1

c10.s6.1

The term '*vyavahāra*' connotes a judicial procedure. Bhīṣma enlightens Yudhiṣṭhira as to what *vyavahāra* is.² Bhaṭṭa Nīlakaṇṭha explains this term as follows in the extant treatise *Vyavahāra mayukha*.³ It was already stated that according to the *Arthaśāstra* the trial and the enquiry of the case depended on *dharma* or law, *vyavahāra* or evidence, *cāritram* or usage, and *rājaśāsanam* or statutes.⁴ But if a conflict will arise between *dharma* and *vyavahāra*, or between usage and statutes, Kauṭalya rules that the former is more authoritative and hence should be followed. If again there is a conflict between usage and evidence there again dharma prevails. Between the statute and equity (न्याय) it is the latter that counts.