Juristic Concepts of Ancient Indian Polity : Constitutional Theory

By : Nagendra Singh

Page No: 1-25

Abstract
In this article,# the author traces the origin and objective of the State during Vedic and imperial times in ancient India. The author also discusses the functions that the State had to perform as soon as order was restored from chaos and anarchy and the State was born in ancient India. According to the author, danda or force was the central pivot of the theory of the State, but it was strictly restricted and regularized by that of dharma or divine law and hence the author concludes that the ancient State, though stipulated a sanction to prop the authority of the State, was in no sense a military dictatorship. Illustrating the factors limiting the authority of the king during ancient India, the author explains the overall supremacy of dharma and elucidates how the king, who was the embodiment of danda, was destroyed if he acted contrary to the known laws of dharmashastras. The author explains how the State in ancient India was considered a living entity and was comparable with the human body as also with the trees. The author also undertakes a comparison between the elements of modern nation State and those of the State in ancient India.

Author :
Nagendra Singh : The then former President, International Court of Justice, The Hague.