Concept of Law and Justice in Relation To Dharma
Concept of Law and Justice in Relation To Dharma
Concept of Law and Justice in Relation To Dharma
Any government will have a strong basis for its survival, “if it is
founded on liberty and justice”.1 Justice under law without social
justice2, no longer has any meaning or significance.
It is no doubt that people since times immemorial hoped for
justice and its survival at all times3 and 'justice' has been the
watchword of all major social and political reform movements.
Endless and ceaseless efforts were made to abolish injustice,
tyranny and exploitation. In the common parlance justice is
equated with everything that is good, mercy, charity and truth
and other equivalent expressions. However, in the words of a
Greek thinker Thrasymachus, it cannot be defined as the interest
of the stronger.4 Justice is not an irrational idea5 and the search
for it is an eternal quest6.
Whatever is considered as 'just', according to a reasonable man is
considered as 'justice'.7 Gandhiji emphasized the need for
establishing a 'just society' which he considered; as a necessary
ideal for India's survival as an independent and vibrant nation'8 in
his concept of Ram Rajya and Swarajya which he elucidated as
follows:
* Principal and Dean, Faculty of Law, New Law College, Bharati Vidyapeeth
Deemed University, Pune.
Student, Ph.D. in Law, Bharati Vidyapeeth Deemed University, Pune
1 Ranganath Mishra, CJ. in All India Judges’ Association v. Union of India, 1992
A.I.R. 165 at 177.
2 International Conference on Human Rights at Teheran, 1968.
3 JOHN CHING HSIUNG WU, CASES AND MATERIALS ON JURISPRUDENCE
(West Publishing Co. 1958).
4 COHEN & COHEN, JURISPRUDENCE AND LEGAL PHILOSOPHY 621
(Boston:Little, Brown & Co.1951).
5 E. BODENHEIMAR, JURISPRUDENCE 178 (1951).
6 HANS KOHEN, BISHIN & C.D. STONE, LAW, LANGUAGE AND ETHICS 39 (New
York 1952).
7 LORD WRIGHT, FUTURE OF COMMON LAW, at 114.
8 M.S. DESHPANDE, LIGHT OF INDIA: MESSAGE OF MAHATMA 172 (Wilco
Publishing House 1956).
principles of respect
principles of participation
Respect for human person and means of participation shall be
ensured and no one shall be subjected to arbitrary will another
and no member shall be arbitrarily excluded from the legal
community. John Rawls14 proposed a general concept of justice in
these terms:
“All social primary goods-liberty and opportunity, income and
wealth, and the basis of self-respect are to be distributed
equally, unless an unequal distribution of any or all of these
goods is to the advantage of the least favoured.”
9 V.R. KRISHNA IYER, HUMAN RIGHTS AND THE LAW (Indore: Ved Pal Law
House 1994).
10 N.C. SEN GUPTA, EVOLUTION OF ANCIENT INDIAN LAW 336 (Calcutta
1954).
11 JULIUS STONE, HUMAN LAW AND HUMAN JUSTICE, p. 22.
12 H.L.A. HART, THE CONCEPT OF LAW 152, 153 (1972).
13 Supra note 3, at 499, 500.
14 DAVID MILLER, SOCIAL JUSTICE 40 (1976). See also JOHN RAWLS, A
THEORY OF JUSTICE 103 (Oxford 1972).
To establish justice in the world is to destroy the bad and the evil,
to stop the strong exploiting the weak, to develop knowledge and
welfare of the people.15 Verily that which is justice is truth16 and
the law is a means to an end and justice is that end.”17
A knowledge-based society is basis to social justice18 and to serve
mankind is service to God, and thus concept of service becomes a
national ideal19. It is therefore, necessary that every rule must
promote which is good to people. In the happiness of the subject
lies the king's happiness, in their welfare his welfare. What
pleases himself, the king shall not consider good but whatever
pleases his subjects the king shall consider good.20 This is
conveyed in unequivocal terms by Bentham as: "The public good
ought to be the object of the legislator; general utility ought to be
the foundation of his reasoning. To know the true good of the
community is what constitutes the science of legislation, the art
consists in finding the means to realize that good".21 Dharma is a
special attribute of man. Bereft of dharma, man is equal to
animal.22. The Vedas are considered as the 'first source of
dharma'.23 Dharma constitutes the foundations of all affairs in
the world. Everything in this world is founded on dharma and it
is therefore, considered 'supreme'.24 Commandants of dharma
like nature's laws, admit of no meddling.25
It has been emphasized that those who exercise political power
must wear the hand glove of dharma and 'principles of dharma
governs every sphere of activity including governance of the
country26. The duty of the king was clearly defined in Dharma
Sastras and for violation, the king becomes unlit to rule27 and
Dharma Rajya means 'rule of law'. King respected by the people
only if he acted according to law (dharma). Rules of dharma not
alterable according to whim and fancy of the king and it were
essential that the exercise of political power must be in conformity