Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c13.7

c13.7

In case of conflict between (1) and (2), or between (3) and (4), the former prevailed over the latter (पश्चिम: पूर्वबाधक:); so that a contract could not transcend sacred law or a statute custom. Passages quoted below show, further, that a statute should also be in consonance with sacred law (धर्मा), contract (व्यवहार) and equity (न्याय), and that in case of conflict between custom (संस्था) and contract (व्यवहारिक) the injunctions of sacred law should be followed. It is also stated that in the event of conflict between statute and equity the statute became inoperative and nullified.¹