The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c8.108

c8.108

The Dharma Sûtra of Vasiṣṭha arose in the north. Long afterwards, Kumârila Bhaṭṭa stated that Vasiṣṭha was studied only by followers of the Ṛigveda but that it was generally recognised as authoritative. On caste, as on many other topics, he is in line with other Dharma Sûtras.³ He wants the king to enforce the provisions of caste, but he also lays down, like Gautama, that respect should be paid to all the laws of countries, castes and families.⁴ So not even in theory is social life to be regulated and controlled entirely by the state. For the king, Vasiṣṭha has the usual precepts. A Purohita is, of course, essential to the king's welfare.⁵ It is for fiscal arrangements that Vasiṣṭha is peculiarly valuable. The land-tax and mercantile tolls are to be supplemented by a monthly levy from artisans.⁶ “No taxes shall be paid on the usufruct of rivers, dry grass, forests (places of combustion) and mountains,⁷ or those who draw their sustenance from them may pay something.”⁸ The law-giver speaks with a divided voice but he gives a clear indication of certain fresh sources of revenue which a government is very likely to have tapped. The king is to provide maintenance to eunuchs and lunatics⁹ and inherit their property.¹⁰ In general, on failure of heirs, property goes to spiritual teachers or pupils; failing them, to the king.¹ Elsewhere he remarks that property entirely given up by the owner goes to the king.² The theorist would not allow the escheat of a Brāhmaṇa's property in any case but his very imprecations point to the breach of his precept in practice.³ He himself strongly objects to Brāhmaṇas subsisting by begging. "The king shall punish that village where Brāhmaṇas, unobservant of their sacred duties and ignorant of the Veda, subsist by begging, for it feeds robbers."⁴ To the list of exemptions from taxation given by Āpastamba, Vasiṣṭha would add royal servants, wives of servants, young students, old men, unmarried girls, widows who have returned to parental homes and persons in general who have no protectors.⁵ On justice, warfare, diplomacy and other matters, Vasiṣṭha follows the traditional line. He would admit three kinds of proof in cases of property, viz., documents, witnesses and possession.⁶ In a dispute about a house or a field, the depositions of neighbours should be relied on.⁷ If they differ among themselves, documents should be resorted to.⁸ If the documents conflict with one another, the statements of the aged inhabitants of the place or of corporations should be decisive.⁹