Ancient and medieval indian political thoughts

RESEARCH PAPER

NOVEMBER 5, 2024
KHUSHI
B.A(HONS)POLITICAL SCIENCE
2023695
THIRD SEMESTER
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BRIHASPATI: STATECRAFT, JUSTICE

AND INTERSTATE RELATIONS

ABSTRACT
This paper explores the role of Brihaspati, the ancient Vedic deity of wisdom
and counselor to the gods, in shaping principles of statecraft, justice, and
interstate relations in early Indian civilization. Known as the embodiment of
knowledge and diplomacy, Brihaspati's teachings offered guidance on
governance that balanced power with ethical responsibility. Through an
analysis of Vedic texts and ancient Indian literature, this study uncovers how
Brihaspati's counsel influenced the moral framework of rulers, emphasizing
diplomacy, fair conflict resolution, and just leadership. By positioning
Brihaspati’s wisdom within the context of interstate relations, the paper
highlights his role in fostering cooperation and order among kingdoms. It
reveals how his philosophical approach to statecraft and justice not only set the
groundwork for early Indian political thought but also served as a model for
balancing pragmatism with integrity in governance. This investigation provides
fresh insights into the cultural and political legacy of Brihaspati, underscoring
his impact on ethical diplomacy and the sustainable exercise of power in the
ancient world.
Keywords: Brihaspati, Vedic diplomacy, ancient Indian interstate relations,
ethical leadership, dharma, conflict resolution, peaceful negotiation,
astrological influence, Vedic philosophy, ancient statecraft, divine counsel,
ethical governance, cooperative alliances

STATECRAFT
Guru Brihaspati- was an influential ancient Indian sage and philosopher, the
lord of prayers, devotion, or sacred speech is often mentioned as the teacher
and advisor to all the gods and for for his significant contributions to the field
of political thought.
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The word “Brihaspati” has derived from the Sanskrit word “Spati of the Briha.”
It means the soul or the spirit of the vastness of the universe. As a guru, Sage
Brihaspati teaches all the gods about the morals of righteousness, religion, and
responsibility. (Bikram, 2022)
Brihaspati’s political thought encompasses statecraft, justice, and inter-state
relations, emphasizing the importance of governance, economic policy, and
social welfare.

Before we delve into BRIHASPATI, we should have some knowledge about

DANDNITI and ARTHASHAHSTRA- Indian Political Thought is divided into these
two groups mainly.

DANDNITI
"Dandniti," which means "the philosophy of punishment " originates, from
Dharmashastra texts such as the Manusmritl written by the figure Manlu.
Known as a key lawmaker, in Hindu culture The Manusinritl was crafted
between 200 BCE to 200 CE and details a broad set of laws moral codes and
responsibilities concerning personal conduct and social organization. In this
setting of things to think about and guidelines, for governing society and
ethically is the emphasis on fairness and moral leadership by stating that a
leaders main responsibility is to uphold behavior—the principles guiding
proper actions and decisions in alignment with morality and ethics rules that
govern what is right or wrong conduct in a given situation balanced
punishment is vital for keeping peace within the community preventing
improper actions and promoting a feeling of safety among the people
moreover it stresses that leaders should exercise their power with prudence
and kindness making sure that penalties are used as teaching tools rather, than
oppressive instruments. Scholars such, as Yajnavalkya have explored
perspectives on how the principles of governance in the concept of Dannditi
emphasize the importance of not authority but also ethical accountability and
the advancement of justice, within society. (Buhler, 1886)

ARTHASHASTRA
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However, Kautilya's Arthashastra was written quite later by Kautilya or

Chanakya as also called Vishnagupta, a political economist and author who
lived during the 4th century Before Common Era. He was a counselor of
Mauryan Emperor Chandragupta for whom, Kautilya wrote presenting in the
Arthashastra, quite a realistic approach to politics and state economics,
encompassing both warfare and governance. Reasonably unique feature of
Kautilya’s text is its place in the context of the study of political phenomena,
which draws attention to the importance of the resource control in the hands
of a tight administration for order to prevail. Kautilya’s focus on different facets
of state policies, such as revenue collection, commerce and diplomacy, includes
recommendations to conquer and retain power through design. One aspect to
note is that in the Arthashastra, mandala theory is explained where the
relations of countries in the immediate geographical region of the ruler are of
concern, how relations can be stabilized by forming these countries and
fighting without any contention. Kautilya as a political realist often
acknowledges that moral values are not necessary in administration, showing
Kautiliya’s belief that every administration has some practical controlling lies.
Such a mix of economy, warfare, and statecraft explains why the Arthashastra is
considered one of the earliest as well as the most comprehensive work on
politics that influenced at a very large scale the ancient Indian political setup
and politics in general. (Rangarajan, 1992)
 Arthashastra School of India, Brihaspati is one of the prominent
founders.
 In Indian Mythology also, Brihaspati stands on a high pedestal as the
preceptor of Gods, The Devaguru.
 Brihaspati imbibed all these three qualities- Brihat, brahma and Manat,
the synonymous and self explanatory terms in Mahabharat.

When we look at Dandniti and the Arthashastra through the lens of Brihaspati,
it becomes clear that these concepts blend together to form a rich
understanding of governance that balances ethics with practicality. Dandniti
lays down the moral groundwork necessary for upholding justice and order in
society, while the Arthashastra equips leaders with the strategies they need to
navigate the often turbulent waters of political life. Brihaspati, as a symbol of
wisdom, underscores that effective leadership requires embracing both these
aspects: the ethical responsibility highlighted in Dandniti and the strategic
insight offered in the Arthashastra.
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This combination shows that ancient Indian thinkers recognized that rulers
should be more than just shrewd and calculating; they should also be wise and
just. It’s a model of leadership that speaks to the importance of moral integrity
even in the face of complex decisions—a notion that still resonates in today’s
discussions about ethics in politics.
In essence, Brihaspati acts as a thread that weaves together the principles of
Dandniti and the practical tactics of the Arthashastra, promoting a
comprehensive approach to governance. His influence highlights the vital
connection between morality and strategy, reminding us that the pursuit of a
fair and stable society requires a harmonious blend of both.
Brihaspati turns out to be a significant writer regardless of how old the text is
that Kautilya has quoted several times from economic to political point of view.
This is obviously apparent from the works of the authors who wrote it, as well
as from the importance of the concepts themselves. (Science D. P., n.d.)

BRIHASPATI’S INFLUENCE ON STATECRAFT

Origin of the state
Manu and Brihaspati are a bit different. Sure, Manu talks about the divine
origin of kingship, which is definitely divine. Brihaspati is mostly focused on the
context of the state, the society at that time, and the circumstances. He tries to
present the idea of kingship in relation to the economic situation and physical
needs.
Brihaspati uses a scientific approach and a materialistic viewpoint to talk about
reality. Although they rely on divine theories they are concerned with economy
and well-being to create an ideal state, focusing on practicality. If we discuss
the causes for the origin of the state, we find that the main reason for the
state's emergence is to ensure a stable economy.
We need to ensure the economy or productivity and avoid Matasya Nyaya (the
Law of Fish). There is a theory or a concept which relates to how to promote
the economy and make it more functional. The reason we need a state is that it
can lead to prosperity and growth, especially in agriculture. They emphasize
economic policies that support this, rather than just limiting individual
behaviour. For achieving good productivity or reaching a great goal, having a
state is essential in this context.
What Brihaspati means by 'state' isn’t just a state of mind; it’s a great living
system. What Brihaspati is saying is that the state is not just a static entity; it’s a
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dynamic system. And within this system, we need to keep contributing through
our policies. In short, Brihaspati's views on the state aren’t just about mindset;
they’re about a living system. And what else does this living system require?"
Combined efforts are important. When we talk about living systems, the state's
principles and its various organs need to be defined. It's been pointed out that
each of these has a continuous, living essence. All seven components of the
state require collaborative effort to function effectively. It's essential for these
components to work together, and we need to clarify one more point: social
welfare. Whether we look at Manu or Brihaspati, they've all emphasized this.
All the thinkers emphasize the principle of social welfare, suggesting that while
a king's stability is important, it doesn't mean he should be an absolute ruler.
Instead, his duty is to promote social welfare—improve society, enhance
productivity, and ensure that everyone can live comfortably. This is what we
refer to when talking about social welfare; it’s about never trying to destroy
what exists. (Science D. P., n.d.)

“Him, the eldest (greatest divine power) (tám u jyáyiṣṭhaṃ), the blissful
(suśévam) Lord of the Soul (Brahmanaspati) I express (gr̥ṇīṣe) with surrender
and offerings (of all actions) (námasā havírbhiḥ). May the vast divine rhythm
(of the highest inspired word) (máhi daívyaḥ ślóko) attach itself (siṣaktu) to
the Divine Mind (Indra), who is the king (yó rā́ jā) of the divinely created
Word of the soul (bráhmaṇo devákr̥tasya).” (3) (Griffith, R. T. H. (1896))

The words of Brihaspati, or Brahmanaspati, the celestial minister written in

verse in the Rigveda text mention that he guides and is responsible for the
supreme in them who is also known as the lord of the soul richer in wisdom,
speech and inspiration. And now the implication of it is stated in more details:

Verse Analysis and Meaning

“Him, the eldest (greatest divine power) (tám u jyáyiṣṭhaṃ)":
With these words, the author signifies that Brihaspati was recognized as the
eldest and most authoritative of the deities. This implies that he is regarded as
a root, a basic force. The word ‘jyáyiṣṭhaṃ’ relates to vikriti, both age and
dominion, show him to be a distinguished and holy man with respect in cosmic
channel.
"The blissful (suśévam) Lord of the Soul (Brahmanaspati)":
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The term suśévam which in the straightforward sense translates to ‘good

atmosphere’ helps to highlight devotion of Brihaspati to any auspicious use to,
and to bring wisdom as well. Brihaspati is also a Brahman who means Lord of
the soul meaning that he embodies and is wisdom of the universe that there is
a spirit with wisdom concealed in everything and within the soul and its within.
"I express (gr̥ṇīṣe) with surrender and offerings (of all actions) (námasā
havírbhiḥ)":
This line expresses an act of reverence and devotion. Gr̥ṇīṣe is an expression of
praise or glorification, while námasā (with surrender) and havírbhiḥ (offerings)
reflect an attitude of complete submission and devotion to Brihaspati. This
implies that one dedicates all actions as offerings to him, symbolizing the
unification of personal actions with divine will.
"May the vast divine rhythm (of the highest inspired word) (máhi daívyaḥ
ślóko)

This phrase refers to the sacred verse or rhythm (ślóka), which embodies the
divine cosmic order and the highest form of inspired speech. Daívyaḥ ślóko is a
powerful, inspired hymn or mantra that one believes will connect him with the
divine realm and seek to align himself with the wisdom and power of
Brihaspati.
"Attach itself (siṣaktu) to the Divine Mind (Indra), who is the king (yó rā́ jā) of
the divinely created Word of the soul (bráhmaṇo devákr̥tasya):

It links Brihaspati to Indra, the king of the gods and in a broader sense, to God's
will and power. As rā́ jā, or king, Indra is defined here as divinely created Word
(bráhmaṇo devákr̥tasya), indicating his governance or sustaining sacred speech,
wisdom, or cosmic truth conceived by Brihaspati. This line is an integration of
the wisdom that Brihaspati embodied and the strength that was attributed to
Indra and that maintained the cosmos with its path for human beings.
This verse conveys the very Vedic ideal that there has to be a combination of
real power, here personified by Indra, and wisdom, here symbolized by
Brihaspati. From the angle of statecraft, as Lord of the Soul, Brihaspati inspires
the sacred speech; this makes real authority lie in the source of wisdom, moral
characters, and conformity to the cosmic order. The verse depicts an ideal
world wherein governance aligns with God's will, and one should promote
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leadership that is both forceful and intelligent, one that adheres to dharma:
that is, moral obligation, guidance, and regard for the cosmic order.

Frequently, in the Rigveda, it is Brihaspati who is credited as being the god to

whom great leaders look in order to act with sagacity and moral rectitude, and
one can find similar themes in later texts like the Arthashastra.

Brihaspati’s Concept of State Organs (Buhler, 1886)

Brihaspati’s concept of state organs offers a fundamental guide to governance,
built not only on strategic thinking but also on deep ethical and moral values.
Unlike the more complex structure proposed by Kautilya in his Saptanga,
Brihaspati’s model presents a streamlined yet powerful framework focused on
the essentials that keep a state stable and flourishing. Here’s an approachable
look at each element in Brihaspati’s view of an ideal state:

1. The Ruler (King)

Brihaspati sees the king as the heart of the state—a leader who must govern
with wisdom, compassion, and a strong sense of justice. Far from being just a
powerful figure, the king is expected to embody the ideals of fairness and
morality, guiding the state with a sense of duty towards the people. This isn’t
just about authority; it’s about responsibility and setting a high moral standard
for everyone in the kingdom.
2. The Ministers (Council of Advisors)
The ministers are like the king’s inner circle, supporting him with knowledge,
sound judgment, and unwavering loyalty. Brihaspati emphasizes that these
advisors should be chosen for their integrity and wisdom, as their role is to
guide the king, particularly in difficult times. Good ministers are those who can
help the king make balanced decisions, putting the needs of the people and the
state above personal or political gains.
3. The Territory and People (Janapada)
For Brihaspati, the land and its people form the very foundation of the state.
It’s not just about borders—it’s about nurturing the people who live within
them. A ruler who cares for the prosperity and harmony of the population
creates a loyal and stable society. This aspect highlights Brihaspati’s belief in
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promoting well-being, economic growth, and social unity, making sure that the
people are at the core of every governance strategy.

[Link] Law (Dharma)

Brihaspati makes it clear that every ruler needs to have a righteous and
constitutional code of laws that one must strictly adhere to. A king or any
powerful man may have the monopoly over the resources in society but no one
should be able to behave as he pleases. This suggests that all human societies
have some basic moral principles, which, though inequitably enforced in
practice, are to some degree acknowledged.

5. The Military (Danda)

Maintaining the state is not an easy task, for it calls for the constant readiness
to repel any external aggressions, or threats, from other states or entities. This,
therefore, requires the active presence of a military force to defend territorial
integrity and sovereignty. The defense force, however, is not meant for use
against the people themselves. Apart from only dealing with external
aggressions, within a state the armed forces assist in controlling civil
disobedience for the betterment of the society at large.

Brihaspati outlines the various contemporary principles and aspects of strategy

in addition to focusing on the importance of the kingship and military aspects
of the organization. He says that kshatras should be actively involved in the
developmental activities along with the daisy ma, of the organization.
Otherwise he admits that it will not prove of any use unless it is supported by
strategy, firmness, and the ability to fight.
In Conclusion: Basically, Brihaspati takes an ethical and holistic view of the
different components of state and how they function. As each of these
elements has a greater role than plain pragmatism; in practice this means that
aside from the functional aspects of the ruler, ministers, territory, treasury and
military, the framework introduced by Briahasapti encourages the ethical
governance of such leaders. Figure demonstrates that the ideal leadership in
politics is not based on absolute force but on justice and ethics where power is
tempered with responsibility and every state organ is geared towards the
welfare and security of the people. This pattern can never be out of date—
declaring that leadership, effective as it may be politically, is as much about
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ethics and morality as it is about rational and tactical considerations; a thought

that was true to ancient Indian polity and is still applicable to contemporary
issues of governance and civil service.

JUSTICE
What exactly is the idea or concept behind these courts? In Indian court
systems, there's a mention of whether certain matters are discussed or not.
There's a famous Supreme Court Justice, Abdul Nazeer, who once said that we
should learn from the jurisprudence and judicial processes of ancient India. By
doing so, we can tackle many of the current issues we face. Nowadays, the
courts operate in a very different way and speak in a particular language, which
can make it quite challenging for people to understand.
The justice system should mean that people get justice as quickly as possible. If
someone suffers harm, it should be addressed and compensated without delay.
But nowadays, the process of getting justice is really slow, and it just keeps
getting postponed. Now, regarding what we're going to discuss about
Brihaspati, it's important because it's one of the first thinkers to present the
theory of justice.
All the Smriti are driven by Manusmriti, whether it’s Brihaspati, Shukracharya,
or any other sage like Narada. Everything is influenced by Manusmriti. Now,
Brihaspati is regarded very highly here because this judiciary will be the
foundation of any state. If you look at Brihaspati's teachings, it’s clear that the
concept of a king or the institution of kingship exists for this very reason.

Judicial System
Relevance of Inter-state Relations: According to Brihaspati, inter-state relation
has always been a part and parcel of statecraft. He insists on the importance of
diplomacy and strategy when it comes to other states.
Methods to Weaken the Enemies: Brihaspati advises a king to make use of such
individuals who are straightforward talented and also diplomats to debilitate
the enemy forces. It shows a gentle policy of open confrontation, along with
subtle diplomatic machinations.
Caution against small threats: Brihaspati says that a great king, too, can be
toppled over by a lesser adversary. The latter, an individual of limited
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resources, yet has strategic refuge-a fort could kindle considerable trouble. It
reminds the dangers that lie in small threats not being underestimated since
they might erupt suddenly.
Trust and Treaties: He advises the rulers to keep watch even after the treaties
have been officially signed, for misplaced trust in a former enemy can make
vulnerabilities. Instead, Brihaspati advises Dharma Vijaya or the victory rooted
in righteousness. The concept would enable a ruler to keep ethical standards in
their relations and conquests.
Consequences of Adharma in Battle: The result of winning a battle by the aid of
Adharma (the unrighteous or unethical way) is the loss of a king's position,
whereas by following Dharma, the good and noble leaders can defeat evil
rulers. This again brings out the message of Brihaspati, which states that ethical
behaviour, though it may not pay in the short term, is bound to be beneficial in
the long run as compared to the gains of dubious strategies.
Spies and Diplomats: To Brihaspati, spies and diplomats are essential for the
smooth handling of inter-state affairs. Diplomats assist in negotiating and
finalizing alliances, whereas spies gather information that would be most
crucial towards the safety and strategy of a state.

These arguments mirror the holistic approach that Brihaspati presents with
regard to diplomacy- that is, balancing pragmatic strategy with moral guidance.
Hence, by introducing Dharma-based victories as well as careful diplomacy,
Brihaspati creates a model for effective, ethical handling of political
complications by the ruler.

True Nature of Ancient Indian Judiciary

India boasts the world's most ancient judicial system, with a lineage of
unparalleled historical significance. However, before delving into the intricacies
of ancient Indian justice, it is imperative to issue a cautionary note. Numerous
British authors, perhaps due to ignorance, imperialistic motives, or a disdain for
Indian culture, have portrayed Indian Jurisprudence and its legal system in a
grossly distorted light. Statements like Henry Mayne's description of the legal
system as "an apparatus of cruel absurdities" or the characterization of British
rule as an experiment to govern a foreign population with different traditions
and customs are unfounded. An Anglo-Indian jurist made the following remark
about what he called "the oriental habits of life" of the Indians before the
British turned up in India (Rehman, 2024):
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"It (British rule in India) is a record of experiments made by foreign rulers to

govern alien races in a strange land, to adapt European institutions to Oriental
habits of life, and to make definite laws supreme amongst peoples who bad
always associated government with arbitrary and uncontrolled authority.”
(Curzon, 1905) While Alan gledhill, a retired member of the Indian Civil Service,
wrote that when the British seized power in India, “there was a dearth of legal
principles.” (Gledhill, 1966)
These misrepresentations, often rooted in colonial prejudices, have contributed
to a distorted image of the Indian judicial system both within and outside India.
To unearth the genuine essence of ancient Indian jurisprudence, one must turn
to the original texts. A meticulous study of these texts reveals the following:
1. Indian jurisprudence was firmly grounded in the rule of law, where even the
King was subject to legal constraints, and arbitrary power was foreign to Indian
political theory.
2. The King's right to rule was conditional on fulfilling certain duties, and the
breach of these duties led to the forfeiture of kingship.
3. Judges were independent and bound only by the law, maintaining high
standards of ability, learning, integrity, impartiality, and independence.
4. The Indian judiciary was structured as a hierarchy of judges, with a Chief
Justice (Praadvivaka) presiding at the apex, and higher courts had the authority
to review decisions of lower courts.
5. Disputes were resolved in accordance with principles of natural justice
similar to modern-day judicial processes.
6. Rules of procedure and evidence were akin to contemporary practices.
7. Supernatural methods of proof, such as ordeals, were discouraged.
8. In criminal trials, an accused could not be punished unless guilt was proven
in accordance with the law.
9. Civil cases followed a four-stage process similar to modern trials,
encompassing plaint, reply, hearing, and decree.
10. Essential doctrines like res judicata (prang nyaya) were integral to Indian
jurisprudence.
11. All trials, both civil and criminal, involved a bench of multiple judges, rather
than a single judge.
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12. Decisions of all courts, except the King's, were subject to appeal or review
based on established principles.
13. The core duty of the Court was to administer justice "without favor or fear."
(Rehman, 2024)
In essence, the ancient Indian legal system upheld principles of justice, fairness,
and accountability, challenging the misconceptions perpetuated by certain
colonial-era writings. It is crucial to turn to the original sources to appreciate
the true depth and significance of this ancient judicial heritage. (Rehman,
2024)
Brihaspati introduced three key concepts:

Dharma

Danda

Behavioural/Practical

Justice is the foundation of the philosophy of Brihaspati. Three are central to

that: Dharma, that is, righteousness; Danda, that is punishment or authority;
and practical/behavioural principles. Together, they form the structure for a
just society. They also guide the rulings of a ruler.

1. Dharma (Righteousness)
Dharma is the moral foundation of justice and has the connotation of ethical
duty and righteousness. It has been seen as a guideline for action that would
prevent social disruption and individual unwellness for both rulers and citizens
to act ethically. Dharma, to Brihaspati, is the backbone of justice because it
describes what is right and just, sets standards to which all can strive to follow.
In the context of rulership, it means maintaining fairness and a moral approach
towards governance and decision-making. (Jayaswal, 1924)
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2. Danda (Punishment or Authority)

Danda is the authority and power of the state to enforce laws and mete out
justice through punishments. This concept is relevant in the justice system as
propounded by Brihaspati because it reiterates the consequences of breaking
Dharma. Danda acts as a deterrent to wrongdoings and has to be present to
establish order and compliance. However, Danda, according to Brihaspati, must
be administered fairly and just when necessary in accordance with Dharma lest
it should become tyrannical and unjust. It is the duty as well as a means for an
administrator to maintain the societal order. (Kautilya, 1915)

3. Behavioural/Practical Justice
Brihaspati also lays emphasis on practical or Behavioural justice, which is the
grasping of the human nature and then acting according to the practical
situations prevailing in the world. This approach to justice gives flexibility
wherein the rulers consider the context, intentions, and circumstances while
passing the judgments. Behavioural justice also allows the rulers to apply
justice not strictly according to Dharma and Danda but by applying it in such a
way that it would seem practical and the people could understand it.
(Choudhary, 2007)
The combination of Dharma, Danda, and behavioural justice will provide a
balanced frame. Dharma will serve as the moral compass; Danda will enforce
accountability; and behavioural justice will provide room for adaptability. A
holistic approach will ensure that the justice in the model of Brihaspati is both
ethical and effective and also responsive to the complexities of society.

According to Brihaspati Smriti, there's a fourth aspect of justice that we should

also keep in mind.
4. Rajakya (Political Expediency)
Political expediency has thus been added to the stock of wisdom among the
folk of Rajakya: that a ruler, from time to time, may have to set aside strict
adherence to Dharma or traditional values in favor of the maintenance and
welfare of the state. This is thus such an adaptation to allow pragmatic actions
from a ruler from the decisions taken, but even if those decisions or acts fall far
from the great category of the ideal values of principle and yet done as the
greatest good towards achieving more greater things. Accepted fact: That in
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such governance, it is impossible to resist or avoid any alteration to have to

agree or accept compromising on oneself or strategic means for keeping and
securing life and existence to live more prosperously and be greater. (Mehta,
1992)

All these four conceptions put together give a comprehensive framework:

 Dharma gives ethical guidance
 Danda exercises accountability and control
 Practical Justice allows for flexibilities according to specific scenarios
 Rajakya introduces Pragmatism in the interest of the state
Combining Rajakya with Dharma makes the jurisprudence of Brihaspati realistic
and vigilant while aligning ideals with practical necessities of governance. This
fourfold concept helps a king to maintain justice with effective power to gain
political advantages.

BRIHASPATI SMRITI: SEPERATION OF POWERS AND

DECENTRALIZATION
The theory of separation of powers, meaning that power shouldn't be
concentrated in one place.
It’s like the separation of powers in India, where the Parliament does its own
thing, the Executive handles its responsibilities, and the Judiciary takes care of
its part. So, in the Brihaspati Smriti, there's a mention of the separation of
powers. It states that the judicial system needs to function well, which is why
having a Minister of Justice is crucial. When we talk about the Department of
Justice, it's all tied back to the Brihaspati Smriti.
When we talk about the justice department, like the separation of powers and
another concept we find is decentralization (Anirudh, Brihaspati: The Sage of
Statecraft, 2005) in the judicial system. Now, let's look at decentralization. In
the Brihaspati Smriti, there are mentions of four types of courts. (Tripathi,
2016)
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DECENTRALIZATION
Non-
Stationary Furnished Direct
Stationary
Courts Courts Courts
Courts

Brihaspati's ideas on administration and law involve concepts in the realm of

decentralization of power, particularly concerning the distribution of justice.
His theories address all types of courts-stationary, non-stationary, equipped,
and direct courts-so as to demonstrate a deep insight into how justice might be
distributed in an effectively decentralized political system. Here is a brief
presentation of these ideas:
1. Stationary Courts
Definition: Stationary courts are fixed or permanent courts that sit at a fixed
location, say a town or city.
Characteristics: These courts provide a stable environment for legal
proceedings.
They are normally presided over by a judge or a panel of judges well-versed in
the law and justice.
Stationary courts deal with a wide range of cases, from civil to criminal and
administrative matters.
Significance: Stationary courts are a guarantee that justice will be made
available to all citizens, and complaints addressed without people having to
travel extensively.
2. Non-Stationary Courts
Definition: Non-stationary courts refer to mobile courts that move from place
to place to deliver judgments.
Characteristics: These courts are often set up to reach remote or deprived
populations.
They can be comprised of judges and other legal personnel who move around
different villages or areas to deliver justice.
Non-stationary courts can accelerate judicial proceedings in areas where a
stationary court is not conveniently available.
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Significance: This type of court organization is decentralized because justice

does not depend only on cities; hence it can come to people in the rural areas.

3. Aided Courts
What are aided courts? Aided courts are those courts which have necessary
resources, facilities, and infrastructure for conducting judicial procedure.
Characteristics: Such courts are endowed with an elaborative setting for formal
procedure and proper facilities of facilities of judges, litigants, and witnesses in
a court.
A list of facilities that these can have includes waiting places for people,
documentation place as well as legal library of research and study.
Significance: The furnishing process enhances the effectiveness of judicial
processes by providing the fair and orderly environment through their
proceeding.
4. Courts of Direct jurisdiction
Definition: Direct courts can be defined as informal or community-based
dispute resolution mechanisms that do not require parties to present the case
in a courtroom or before a formal law judge.
Characteristics: In most cases, such courts are led by respectable elders or
members of a particular community who facilitate the discussions and mediate
in cases of disputes. Conflict resolutions in direct courts would give more
emphasis to the local customs and practices compared to other courts.
The existence of direct courts affirms that the administration of justice is crucial
for community participation in the process of trials, reflecting a decentralized
approach toward honouring local customs and practices.
The ideas about decentralized justice by the existence of a wide range of courts
present him with understanding and sensitivity toward the complexity in the
administration of governance of the olden times. It would seem that ideas,
therefore, were something before their modern equivalents that modern
people consider to be more original. They might sound rather quaint today
because judicial diversity and access to justice have been central precepts in
tailoring the law for the different communities being ruled.
 17

The works of Brihaspati, a great sage in ancient Indian political thought,

significantly contributed to the evolution of legal frameworks. Many laws that
would maintain the social order and ensure justice in society are part of his
teachings. He distinguished between civil and criminal laws and provided a
systematic way to govern, which would indicate deep understanding of ethics,
social responsibilities, and individual rights.

Four Criminal Laws

 Murder: Heinous punishment for killing another person, such as the
death penalty or life imprisonment.
 Theft: Varying from fines to imprisonment based on the gravity and
intent.
 Adultery: Hefty penalties as a breach of trust, an expression of societal
values.
 Assault: Compensation to the victim with punishments that depend on
the act.
Fourteen Civil Laws
 Contracts: Its formation and liability.
 Rights over Property: Rules related to inheritance and ownership.
 Marriage: Consent and duties.
 Adoption: Rights and duties of adoption.
 Division of Property: Distribution among heirs
 Guardianship: Relief to the minor's well-being.
 Wills: Terms of devise
 Liabilities: Discovery of accounts due
 Damages: Compensation to the injury caused to others.
 Family Litigation: Ways of reconciliation and settling.
 Covenants: Burden of positive obligations entering into covenant
 Rituals: Administration of rite that has civil effects
 Social Relations: Morality which gives way to conciliation
 Procedure of Law: Precedents governing the dispensation of justice.
 18

Judicial Process
Plaintiff's Side

Defendant's Side

Responses and
Actions

Judgement

JUDICIAL PROCESS
It's basically a procedure for justice that happens in four stages. First, we have
the plaintiff's side, then the defendant's side, and after that, we have the
responses and actions taken. Finally, there's the judgment. So, through these
four stages, you arrive at a verdict. Now, regarding the appeal process, it allows
for any disputes or conflicts to be addressed.
The four-stage process that Brihaspati used to the administration of justice is
best described as follows: There are four stages involved in the process of
administration of justice. Every stage of the process ensures that a dispute is
heard and decided fairly and orderly. The four stages of justice procedure are
as follows:
Four Stages of Justice Procedure
Plaintiff's Side:
Filing the Case: The plaintiff or the party bringing the complaint presents his
case by describing the grievances or claims against the defendant.
Evidence Presentation: The plaintiff brings to court evidence and arguments
supporting his claims, including testimony from witnesses and relevant
documents.

Defendant's Side:
 19

Rebutting the Allegations: An accused defendant is entitled to a chance to

rebut the plaintiff's claims.
Presenting Defense: In presenting his arguments, evidence, and any
counterclaims in refuting the plaintiff's allegations, the defendant responds
accordingly.
Responses and Actions Taken:
Cross-Examination: Both parties are permitted to cross-examine the witnesses
to test the credibility of the evidence presented.
Additional Evidence: The court may permit both parties to present additional
evidence or witnesses if necessary to be taken into consideration in the
judgment.
Judgment:
Judgment Types
Favourable Judgment: If the evidence is in favor of the plaintiff, the court grants
judgment in their favor with remedies such as compensation or enforcement of
rights.
Adverse Judgment: If the proofs are against the plaintiff, the court favors the
defendant and rejects the case with probable release of the liability of the
defendant.

The procedure followed by Brihaspati for justice is highly organized. He has

taken care to mention that the judicial process should be conducted with the
highest degree of observation and fairness. The four-step process vividly
demonstrates his zeal for justice and the two parties' right to be heard in the
judicial process.

INTERSTATE-RELATIONS

1. Importance of Inter-state Relations: Brihaspati considers inter-state

relations as a vital part of statecraft, underscoring the need for
diplomacy and strategy in dealings between states.
 20

2. Tactics for Weakening Enemies: According to Brihaspati, a king should

use a combination of direct, talented, and diplomatic approaches to
undermine the strength of enemies. This suggests a nuanced strategy
that balances open confrontation with subtler diplomatic maneuvers.
3. Caution Against Small Threats: Brihaspati warns that even a powerful
king can be destabilized by a seemingly minor adversary—an individual
with modest resources but strategic refuge (such as a fort) could ignite
significant trouble. This serves as a reminder of the dangers posed by
underestimating small threats, as they can escalate unexpectedly.
4. Trust and Treaties: He advises rulers to remain cautious, even after
formal agreements are made, as misplaced trust in a former enemy can
lead to vulnerabilities. Instead, Brihaspati recommends Dharma Vijaya, a
concept of victory grounded in righteousness, which allows a ruler to
maintain ethical standards in their relations and conquests.
5. Consequences of Adharma in Battle: Winning a battle through Adharma
(unethical or unrighteous means) can bring about a ruler’s downfall,
whereas adhering to Dharma enables just and noble leaders to defeat
tyrannical ones. This reflects Brihaspati's emphasis on the long-term
benefits of ethical conduct over short-term gains achieved through
questionable tactics.
6. Role of Spies and Diplomats: In Brihaspati’s view, spies and diplomats
are crucial to managing inter-state relations effectively. Diplomats
facilitate negotiation and alliances, while spies gather essential
intelligence, both being vital to a state’s security and strategic planning.
These points reflect Brihaspati's holistic approach to diplomacy, which balances
practical strategies with moral guidelines. By advocating for Dharma-based
victories and cautious diplomacy, Brihaspati offers a model that promotes both
the effectiveness and integrity of a ruler in managing complex political
landscapes. (Science D. P., n.d.)

Brihaspati's ideas on international relations depict the tenets of diplomacy,

war, and diplomacy in the conduct of alliances. His doctrines mirror a
perception of the problems entailed in ensuring a state of peaceful co-
existence among states but do realize the need for prudence in action in a
scenario of conflict. In this regard, I'll be able to present the full scope of
Brihaspati's international relation, along with relevant quotations and
references.
 21

Core Aspects of International Relations

Righteousness in International Policy:

Brihaspati depicts how dharma can guide interactions between states. He
further holds that international relations should be carried out on the bases of
ethics, where the relation is peaceful and amicable.

Diplomacy and Negotiation:

He advocates the use of diplomacy, always trying to solve the conflicts as a first
approach, negotiating and talking to prevent bloodshed. Brihaspati knows that
peaceful alternatives are better than war because careful negotiation strategies
are used.
Quote" The wise ruler must send messengers to negotiate peace and establish
friendly relations with neighbouring states, for the strength of a kingdom lies in
its alliances." (Anirudh, Brihaspati: The Sage of Statecraft, 2005)

Warfare as an Extreme Measure:

While Brihaspati concedes the inevitability of war, he opines that it must be
resorted to only when all diplomatic channels are exhausted. He narrates the
need to consider the advantages and disadvantages of war.

Alliances and Treaties:

Brihaspati also talks about alliances and treaties as an important element of
interstate relations. Brihaspati advises kings to choose their allies shrewdly
according to mutual interest and strength in the position.

Realpolitik and Pragmatism:

He advocates pragmatic practices in the interstate system; he argues for
flexibility with alliances and strategies when changes occur in power.
Brihaspati's theories on interstate relations speak to a very high and subtle
understanding of governance, diplomacy, and the ethical dimensions of
statecraft. His emphasis on dharma, strategic alliances, and the careful
 22

consideration of war speaks to the complexity of preserving order and security

in this multifaceted geopolitical landscape.

ASTHADASH MANDAL
The Ashtadash Mandal is another vital concept from ancient Indian political
philosophy with particular attention to statecraft as explained by thinkers like
Brihaspati. It is a model consisting of eighteen different states or entities
typified according to their politics, military capabilities, as well as other
diplomatic orientations. This division helps kings understand their world
environment better and plan in accordance for the interactions to be built with
other countries.

History of the Ashtadash Mandal:

Eighteen Types of States: Ashtadash Mandal categorizes the states into
eighteen different types, with unique features to determine its action and
other interactions of other states. There are many types, which include
depending on the strength, alliance, geography, and political stability.
Purpose and Utility: The framework serves various purposes:
It forms a methodical way through which the ruler thinks in terms of his
environment hence making proper decisions about how to be allied, which
wars to engage in or avoid and which diplomatic deals to undertake.
Military Strategies: Through the knowledge about the characters of different
states, it helps the rulers prepare for war since through judgments he can
choose on whether to engage, not to engage, or go into alliance.
Diplomacy and Relations: It provides the rulers to manage the complex
network of interstate relations that enable building alliances and managing
conflicts with other states.

Description of Each Type of Mandal

 Maitrī Mandal or the Mandal of Friends: Those are states which have
common interest and are in strong co-operation with each other.
 Shatrū Mandal, or the Mandal of Enemies: Those states which fight
directly or are rivals.
 Udaasin Mandal: Those are neutral states who never fight with any one.
 23

 Balavat Mandal or the Mandal of Mighty States: Those are great states
which have a fair amount of war-making and economic capacity.
 Mandal of Weaker States (Durbala Mandal): Militarily weak states that
other states can easily attack on them.
 Mandal of Allied States (Sakhya Mandal): The states, that come under
this category, have treaties of alliance and serve as allies for each other's
benefit.
 Mandal of Disloyal States (Viṣam Mandal): The ones that are known for
betraying the alliances and changing their loyalty.
 Mandal of Neighbouring States (Parshva Mandal): States that share
boundaries and naturally have instant geopolitical interactions.
 Mandal of Inferior States (Upa Mandal): These are the states under an
influence or control of another superior state.
 Mandal of Isolated States (Akhanda Mandal): The states geographically
as well as politically isolated states with negligible power and influence.
 Mandal of Rising Powers (Udaya Mandal): A set of states in process of
rising and developing greater powers so as to become threatening
source to the already existing powerful states.
 Mandal of Waning States (Apaya Mandal): The influence or power is
gradually leaking out, thus becoming very easy targets for the would-be
imperialists.
 Mandal of Flourishing States (Sampanna Mandal): States economically
capable, with rich material wealth and potential to make political gains in
the regions.
 Mandal of War-Raged States (Yuddha Mandal): States that are already
under war or in the middle of civil wars.
 Mandal of Cultural Relatives (Sanskritik Mandal): States that belong to a
common cultural or historical stock that can be amicable towards each
other.
 Mandal of Trade Associates (Vyapar Mandal): States which are
economically related because of trade.
 Mandal of Power States (Prabhuta Mandal): States having greater
influence over the rest.
 Mandal of Protectorates (Rakshita Mandal): States that depend on a
more powerful ally for protection.

The Ashtadash Mandal framework is a comprehensive approach to

understanding the political landscape in ancient India. It emphasizes strategic
thinking in governance, diplomacy, and military affairs, reflecting the
 24

complexities of interstate relations. Rulers could use this framework to

enhance their decision-making processes and ensure the stability and security
of their states.

SHADGUNYA’S THEORY CONCEPT

The six critical concepts that form the basis of Brihaspati's Shadgunya Theory,
apart from the six qualities of a ruler, are Sandhi, Vigrah, Sthaan, Yaan, Shansa,
and Dvedibhav. All these concepts are based on the dynamics of statecraft and
governance. Let me explain them in detail as follows:

1. Sandhi (Alliance or Treaty)

Definition: The term Sandhi describes establishing alliances, treaties, or
agreements between states or rulers.
Significance:This concept stresses strategic partnerships in governance.
It is an important idea for building a strong defense against common enemies
and to fortify diplomatic relations so that the kings may ensure peace and
security in their territories.
Sandhi
This is the art of bargaining and cooperation in the achievement of mutual
benefits.
2. Vigrah or Conflict or War
Vigrah is the state of conflict or war between the states.
Importance:This is an idea which stresses preparation for war and the role of
military strategy in the game of statecraft.
It is literally a reflection of the nature that disputes can happen occasionally,
and rulers should have to prepare oneself for fighting war if their diplomacy did
not work [Link] when and how one needs to be in wars for which
reasons is a step towards the prospering rule of the king.
3. Sthaan (Position or Place)
The geographical position or strategic position of the kingdom.
Significance;It is most of the decision-making policy and militarily for a
kingdom, on the ground and strategically speaking.
 25

A state's geography explains its vulnerabilities, resources, and opportunities for

trade or conflict
The rulers must study their geography well so that they can reach conclusions
on making alliances with other states or taking decisions to take military action
4. Yaan Movement or Strategy
Definition: Yaan is the strategies applied by the rulers in order to govern as well
as taking decisions related to military
Importance:This aspect emphasizes flexibility and strategic thinking in good
leadership.
Rulers have to read a situation dynamically and change tactics according to
situations.
Good movement and strategy might work in diplomacy and war too.
5. Shansa (Praise or Propaganda)
Shansa is the art of praise, flattery, or propaganda to create an opinion in the
public's minds and build a reputation of a ruler.
Relevance:This concept signifies using communication and public relations as
tools in governance.
It is through their ability to project their success and to build popular support
that the power and legitimacy of a ruler are preserved.
Effective application of shansa can strengthen a ruler's hand against all
potential competitors.
6. Dvedibhav (Duality or Ambivalence)
Dvedibhav: Duality or ambivalence or complexity in the inter-state
relationships.
Importance:It allows for the fact that state-to-state relationships may have
complex dimensions: cooperation as well as competition.
Rulers have to realize that allies may also be competitors and that the nature of
relations can evolve.
Effective state governance has to handle the duality in state relations.

The Shadgunya theory of Brihaspati is an all-round framework on governance

and statecraft, with a special focus on Sandhi, Vigrah, Sthaan, Yaan, Shansa,
 26

and Dvedibhav. These concepts outline the role of ethical leadership and the
practical strategies necessary for rulers to manage the dynamics of alliances,
conflict, geography, and public perception.

APPROACH TO CONFLICT RESOLUTION

Brihaspati, as a prominent figure in ancient Indian political thought, discussed
various strategies for governance and conflict resolution, notably through the
concepts of Saam, Daan, Dand, and Bhed. These strategies reflect different
approaches a ruler can take when dealing with subjects, adversaries, or other
states.
1. Saam (Conciliation)
Definition: Saam is the way of negotiation, persuasion, and conciliation.
Application:
Diplomatic Engagement: The leaders are motivated to dialogue and discuss
diplomatic issues to have a peaceful solution to the conflict.
Building Relations : Through emphasizing mutual understanding and
cooperation, rulers can build solid alliances and develop good relations among
states or subjects.
Tactics: This may include compromise proposals, peace talks, or even soft
power in winning over opponents.
Importance: Saam is the art of maintaining equilibrium and avoiding any
further escalations in even more destructive conflicts; thereby, a stable political
setup is maintained.

2. Daan (Gifts and Incentives)

Definition: Daan refers to the strategy of providing gifts, incentives, or rewards
for gaining favor or securing loyalty.
Application:
Building Alliances: Material benefits or incentives offered may help in building
good-will and loyalty amongst the allies and subjects of the ruler.
 27

Promoting Cooperation: This strategy can be used to make concessions or

provide incentives to encourage the parties in conflict to co-operate.
Economic and Social Investments: Daan may include investments of community
welfare, economic assistance, or other resources, which improve mutual
benefits
Significance: This approach creates a positive environment. Hence, it decreases
the tension and trust-building aspects, which are essential to resolving long-
term conflicts
3. Dand (Punishment and Coercion)
Definition: Dand is the application of punishment or threat as a form of
punishment in the exercise of authority and control.
Application:
Policing: Dand can be an application of the laws or the means to control a
society if negotiations and reward fails in the hands of rulers.
Deterrent: Punishment deters a person or a community from performing anti-
social behavior or revolution.
Justified Use: Dand can be quite effective in re-establishing order, but it must
be used judiciously so that it does not create resentment or fear in the minds
of the people.
Importance: Dand is an important weapon in conflict resolution, particularly
when prompt action is necessary to check unrest or aggression.
4. Bhed (Division and Deception)
Definition: Bhed involves tactics of division, manipulation, or deception to
weaken opponents.
Application:
Creating Discord: A ruler can use Bhed to create divisions among hostile
groups, thus weakening them in strength and will.
Strategic Deception: The rulers can mislead their adversaries regarding their
intentions or capabilities for strategic gains.
Psychological Tactics: A successful Bhed tactic may make opponents lose heart
and undermine their plans without actual fighting.
 28

Bhed sometimes offers tactical advantages to whoever is using it; the danger,
however lies within its erosion of the trusts that may exist or start between
states or different fractions.

CONCLUSION
Brihaspati boasts a towering status in the pages of ancient Indian political
thought, bringing into sharper relief the labyrinthine texture of statecraft,
justice, and international relations. It is within the lines of his message that this
study will try to bring out and distinguish between moral statesmanship and
pragmatic diplomacy as means through which responsibilities are pursued, and
obstacles overcome.
This conflict resolution strategy that uses diplomacy, rewards loyalty, delivers
justice, and uses strategic deception when necessary is thus all-inclusive,
coming from the ideas of Saam, Daan, Dand, and Bhed. This all-rounded
approach makes the ruler capable of managing complex political relationships
with external and internal entities.
But by insisting that Dharma was the basis of all administration, Brihaspati
underlines the moral content of governance. He argues for justice not merely
as a legalistic structure but as an ethical responsibility so that the rulers would
not act merely in their selfish interest but in the interest of the subjects. That
sounds pretty contemporary to us, given the present debate on ethical
leadership and how justice brings about social cohesiveness.
The knowledge that Brihaspati provides in the field of interstate relations,
regarding the formation of alliances, the management of conflict, and the
balance of power, remains relevant today. His perception of the dynamics of
peace and conflict exemplifies how his theories remain relevant and can be
applied to modern diplomatic practices and international relations.
Ultimately, this is what Brihaspati's contributions to the art of statecraft and
justice, as well as interstate relations, have stood for: the importance of a
balanced approach that links moral principles with pragmatic strategy. His
teachings inspire and continue to influence modern thought in politics, making
present-day leaders reflect on how their decisions are ethical as well as the
great change that governance brings about upon society and international
relations. The more complex world we strive through, the teachings of
Brihaspati are helpful as a guide toward sustainable peace, justice, and
cooperation between nations.
 29

References
Anirudh, B. (2005). Brihaspati: The Sage of Statecraft. New Delhi: D.K. Printworld.

Anirudh, B. (2005). Brihaspati: The Sage of Statecraft. New Delhi: D.K. Printworld.

Bikram. (2022, October 4). Devguru Brihaspati – Guru of the Hindu Gods. Retrieved from Vedicfeed:
[Link]

Buhler, G. (1886). The Laws Of Manu. Oxford, Clarendon Press.

Choudhary, R. (2007). Politics and Ethics in Ancient India. Vikas Publishing House.

Curzon, V. L. (1905). Speeches and Writings of Lord Curzon. London: Macmillan.

Gledhill, A. (1966). The Administration of Justice in India 1780–1947. London: S. Chand.

Griffith. ( R. T. H. (1896)). The Hymns of the Rigveda. E.J. Lazarus & Co.

Jayaswal, K. (1924). Ancient Indian Political Thought and Institutions. Eastern Book Linkers.

Kautilya, T. A. (1915). R. Shamasastry. Mysore Printing and Publishing House.

Mehta, V. (1992). Foundations of Indian Political Thought: An Interpretation: From Manu to the
Present Day. Manohar Publications.

Rangarajan, L. N. (1992). The Arthashastra: The Science of Statecraft. New Delhi: Penguin Books.

Rehman, R. U. (2024). Brihaspati: Unveiling ancient Indian political thought. Retrieved from Sanskrit
Journal: [Link]
year=2024&vol=10&issue=2&part=C&ArticleId=2353

Science, D. P. (n.d.). Retrieved from [Link]

Science, D. P. (n.d.). Retrieved from [Link]

Science, D. P. (n.d.). Retrieved from [Link]

Tripathi, R. (2016). Concept of Justice in Ancient Indian Political Thought: A Study of Brihaspati.
International Journal of Research in Management, Engineering, and Science.
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