Hindu Polity: A Constitutional History of India in Hindu Times c40.42

c40.42

two institutions of this group were corporate institutions. The Code of Yājñavalkya mentions jānapadas, gaṇas, śreṇīs and jātis (castes) as units who "also must be compelled to follow their own laws".¹ Mandlik with the true insight of the lawyer leaves the word *jānapadāḥ* untranslated and treats it as a technical term like the *gaṇa* and *śreṇī*. These two *smṛiti* passages similarly mention another institution *Kula*. We have already seen that there was a *Kula* form of Government. To find out the identity of Kula, let us take parallel passages on the point from the Artha-Śāstra. In the chapter dealing with samaya² or resolutions of corporate institutions (p. 173) Kautilya mentions the *samaya* of Deśa-saṁgha, Jāti-saṁgha, and Kula-saṁgha; i. e., of the country-corporate-association, of caste-corporate-association and the corporate association of a Kula. The Kula-saṁgha as we have seen³ is a technical term of Hindu politics. It means a constitution where Kula or family rules, i. e., an aristocratic or oligarchic state. Again at page 407 Deśa-saṁgha, Grāma-saṁgha and Jāti-saṁgha are mentioned. The Mānava-dharma-śāstra¹ deals with the 'breakers of *samayas*' (resolutions or laws of corporate assemblies) and mentions the *Grāma-saṃgha* and the *Deśa-saṃgha* which are paraphrased again as *Grāma-samūha*, *Jāti-samūha*, etc. *Deśa*, or the *Jānapada* association is also found in Bṛihaspati² where the laws of guild-merchant and the laws of Deśa are referred to together. In another verse³ the resolutions of the 'town' and of the 'country' (Deśa), 'not being opposed to the laws of the king' are provided for. Manu (VIII. 41), instead of *Jāti-saṃgha* gives *Jāti* only, and instead of *Deśa-saṃgha*, mentions *Jānapada*. In VIII. 46, in the place of *Jānapada*, *Deśa* is substituted. By *Deśa* in such passages the