Chandragupta Maurya and His Times c6.25

c6.25

The King as *Daṇḍa* or upholder of Dharma. The *Aitareya Brāhmaṇa* [VIII. 26] describes the king as the *Defender of Dharma* (*Dharmasya goptā*). The *Śatapatha Brāhmaṇa* [XIV. 4, 2, 23] states that the *Daṇḍa* or the king is necessary to maintain *Dharma* or those "principles of justice by which the strong are prevented from eating up the weak" (*abalīyān balīyāṁsamāśaṁsate dharmeṇa yathā*). The *Mahābhārata* [*Śānti P.* chh. 67, 122] points out that without *Daṇḍa*, Society will be in a state of nature described as *Mātsya-Nyāya* in which "people devour one another like fish or dog (*parasparaṁ bhakshayanto matsyā iva jale kṛiśān| parasparaṁ vilumpanti sārameyā yathāmisham ||*). This doctrine is thus stated by Kauṭilya: "Where there is no *Daṇḍa-dhara* or the sovereign wielding the sceptre of justice, the strong eat up the weak, as it is among fish. But, protected by the king, the weak become strong (*apraṇīto hi mātsyanyāyamudbhāvayati| Balīyānabalaṁ hi grasate daṇḍadharābhāve| Tenaguptaḥ prabhavati ||*) [I. 4]. Kauṭilya further states that the king who upholds *Dharma* "will attain happiness both here and hereafter" (*pretya cheha cha *nandati* [I. 3]. It is also to be noted that subject to *Dharma* or the Law and Constitution of the realm, the Sovereign had supreme power in the State as its Head (*Kūṭasthānīyo hi svāmīti*) [VIII. 1]. Kauṭilya further points out [III. 1] that the king who governs (*anuśāsat*) in accordance with *Dharma* (*satye sthitaḥ Dharmaḥ*, 'established in truth'), *Vyavahāra* (Evidence or established laws), *Saṁsthā* (Custom, *lokāchāra*) and *Nyāya* (Justice or Reason) will be the conqueror of the whole earth up to the seas (*Chaturantāṁ mahīṁ jayet*). Kauṭilya also holds [IV. 13] that if the king exercises his power in an unlawful manner, he will be himself punishable (*adaṇḍya-daṇḍane rājño daṇḍastriṁśatguṇombhasi*, 'the king penalising an innocent person is to pay as penalty thirty times its amount). By paying the penalty, he will purify himself of the sin of injustice' (*tena tat pūyate pāpaṁ rājño daṇḍāpachārajam*). This is driving the theory up to its limit, but it is only to emphasise the fundamental position that *Dharma* is the ultimate Sovereign to whom the king also is subject. The Law or Rule is the ruler of men.