Monday 24th October 2016,
Hindu Human Rights Online News Magazine

We Need Rule of Dharma not ‘Rule of Law’

We Need Rule of Dharma not ‘Rule of Law’

कालो वा कारणं राज्ञोराजा वा कालकारणं |इति ते संशयो माभूद राजा कालस्य कारणं || म० भा० श० प०

This shlok is sutra to understand a basic question i.e. do historical condition create the character of state, or does the character of the state create historical conditions? Time, is not the force that governs human affairs, but it is state that decides the quality of human relationships. It is the state/king who creates time. It is no doubt whether it is time that creates state or state who creates the times.

This shlok is part of discourse between Bhishm and Yudhishter in shantiparva 69.79, the question was, do historical conditions create the character of state (government) or does the character of government create historical conditions? Time is not the force that governs human affairs and relations. It is government who creates the times and human affairs. It’s a sootr to examine conduct and implication of government’s acts and omission on human affairs and relation viz-viz other individuals and institutions.

The Shlok (shantiparva 69.79) is in response to present governing model as designed by constitution.

It’s a reply to those who supports existing institutional mechanism and argue that there is deterioration everywhere and the present symptoms of perversion in administration, judiciary,political scheme, education etc is merely reflection of deterioration in society. They also argue that reform in existing institutional mechanism is a way to check this perversion. But unfortunately tools of reformations are not working, as existing colonial mechanism is not only authoritarian but also possesses strong tendencies to annihilate exhibitionist reforms which are actually cosmetic-patches’ without having essential elements to reform.

We need a new Dharma-Vidhaan, present hegemonic regime governed by postulations of Weber, Bentham,Montesquieu and Marx as truly depicted in Indian constitution with stains of colonialist blots deserves denunciation at every level in absolute sense; these postulations are:

1.      Weberian concept of welfare state and bureaucracy,

2.      Marx concept of communism,

3.      Montesquieu’s separation of power,

4.      Bentham’s concept of utilitarianism and

5.      Macaulayian contempt for Bharateeyta.

Indian constitution is ideal replica of these five unwise notions and our Bharatiya Sanatan Parampara is victim of these vague anti-human concepts. We as inheritor of best tradition of humankind, under the falsely created grandeur by colonial masters and imperfect understanding of our traditional knowledge accepted these ideas as solution of our problem.

Magnitude of this problem increases manifold as even hardcore Hindu accepts Montesquieu, Weber and Bentham though they reject Marx and Macaulay. Things are interwoven; rejecting Marx and Macaulay but acceptance of Montesquieu, Weber and Bentham is serious contradiction. Rejection of Montesquieu, Weber and Bentham with rejection of Marx and Macaulay is also essential for slackening seize and finally rejecting colonial model of governance and its auxiliary institution.

I am working on this concept since last 16 years, after continuous pursuance still activists and jurists are not very sure about the damaging repercussions of Indian constitution, which is in reality continuance of Government of India Act 1935, Admittedly, after adding few cosmetic patches borrowed from constitutions of some western countries. It is beyond any doubt that these five notions are responsible for this present pathetic condition, interwoven, intermingled and encapsulated under constitutional legitimacy, created a multilateral labyrinth and in garb ofcolonial constitution which, whenever requires, not only interpret but also mutilate our traditional principle, making them subservient to western concept. Indian Constitution is real enemy of Bharat. There is need to present aappropriate critique of these concepts and establishing relational matrix in between them, only then we will be able to present a viable alternative and break this jinx of intellectual barrenness, which ultimately jeopardizing our cherished goal.

A very significant attribute ofour time is, it denotes state of flux, and its disturbing natural rhythm of our life as an individual, as a society and as a nation. Who is responsible for this ‘unfortunate’ state, as Shri Bhishma said its ‘government’/’state’/’polity’ responsible for this.

Incapacity of nationalists organisation and activists including RSS and its organisation with its political affiliate BJP’s failure is merely symptom of real problem we are facing i.e. West (Capitalism, Church etc). In order to protect its exploitative monolith model, west is using thousands of intellectuals and spending billions of dollars to meet challenges of inherent absurdities of western system of governance and to ensure innovations (globalization etc) to create maze and grandeur of west. Secularism, Conversions, antipathy of legal-administrative institutional mechanism towards real problem of our Bharat Mata and her Santaans is merely implications of this deep rooted well-funded conspiracy against Bharat as only our nation endowed with attributes to challenge hegemony of west and church.

As pointed out in the Neetisutra of Chanakya Vidya, Dhan, Moksha, are means and ends of Purusharth Chatushtaya, now this whole scheme is disturbed, under pressure and probably struggling to safeguard against most lethal attack, there is no guarantee of education (Vidhya), Dhan (economic activity) Moksha (physical, emotional, and finally spiritual salvation and bliss) i.e. dharma, arth, kaam, moksh are four epitom of Bharatiyata. Therefore, it is high time to discard and reject this constitutional mechanism and auxiliary institutional set-up. A strong socio-cultural movement having political implications is need of hour.

by Devendra Sharma
Devendra Sharma AdvocateAdvocate, Supreme Court of India
(Grand Indus Jurix Law Firm)
Devendra can be contacted for further debate on



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