Dharma-based Hindu Legal Jurisprudence of Kailasa
Requisite Qualities of Judiciary
The Ancient Hindu Legal System
The most ancient system of jurisprudence in the world is the Vedic/ Hindu jurisprudence. The system was based on dharma.
Dharma is defined by the sage Jaimini, author of the mīmāsa sūtra as follows:
codanā lakṣaṇo'rtho dharmaḥ
Dharma is a function that propels one to action.
It may be briefly described as the code of conduct: it teaches both religious and secular matters. Unlike many modern systems with the king at the helm of affairs, in the Hindu jurisprudence, the king himself was subject to the law. Arbitrary power was unknown to Hindu jurisprudence and the king's right to govern was subject to the fulfillment of duties towards his subjects, the breach of which resulted in forfeiture of kingship. The judges were independent and subject only to the law. The whole system was based on fairness and equity of justice with the highest regard for integrity, impartiality, and independence of the judiciary. The Hindu judiciary consisted of a hierarchy of judges with the Court of the Chief Justice (Prāḍvivāka) at the top, each higher Court being invested with the power to review the decision of the Courts below.
In the time of Mahābhārat, to receive the daughter of a fisherman in marriage, the king could not just forcibly take her but his son, Devavrata makes a vow of lifelong celibacy so that he nor any progeny of his would ascend to the throne thereby assuring the fisherman his daughter's progeny would continue and he could be assured of her and her progeny's future (Devavrata was thereafter celebrated and known as Bhiṣhma for this ferocious vow).
In the more recent times of Chanakya, the Court consisted of three jurists (dharmastha) and three ministers (amatya).
Visible Equity
The great jurists, Manu, Yājñavalkya, Kātyāyana, Bṛhaspati and others, and in later times commentators like Vācaspati Miśra and others, described in detail the judicial system and legal procedure which prevailed in Hinduism from ancient times.
The divine sage Narada enjoins that when the king occupies the judgment seat (dharmāsanam), he must be impartial to all beings, having taken the oath of the son of Vivasvan. The oath of Vivasvan is the oath of impartiality as evidently manifested in the fact that the son of Vivasvan is Yama, the god of death, who is impartial to all living beings.
Kātyāyana says, "The king should enter the court-room modestly dressed, take his seat facing east, and with an attentive mind hear the suits of his litigants. He should act under the guidance of his Chief Justice, judges, ministers and the members of his council. A king who dispenses justice in this manner and according to law resides in heaven". These provisions are significant. The king was required to be modestly dressed (vinīta-veṣa) so that the litigants were not intimidated. The code of conduct prescribed for the king when acting as a judge was very strict and he was required to be free from all "attachment or prejudice".
The judges and counselors guiding the king during the trial of a case were required to be independent and fearless and prevent him from committing any error or injustice. Kātyāyana says, "If the king wants to inflict upon the litigants (vivādinam) an illegal or unrighteous decision, it is the duty of the judge to warn the king and prevent him.
When the judge realizes that the king has deviated from equity and justice, his duty is not to please the king for this is no occasion for soft speech (vaktavyam tat priyam nātra); if the judge fails in his duty, he is guilty.
A judge should be austere and restrained, impartial in temperament, steadfast, God-fearing, assiduous in his duties, free from anger, leading a righteous life, and of good family.
Integrity
The foremost duty of a judge was integrity which included impartiality and a total absence of bias or attachment. The concept of integrity was given a very wide meaning and the judicial code of integrity was very strict. Brihaspati says, "A judge should decide cases without any consideration of personal gain or any kind of personal bias; and his decision should be in accordance with the procedure prescribed by the texts. A judge who performs his judicial duties in this manner achieves the same spiritual merit as a person performing a Yajna."
The strictest precautions were taken to ensure the impartiality of judges. A trial had to be in open court and judges were forbidden to talk to the parties privately while the suit was pending because it was recognised that a private hearing may lead to partiality. Shukra-nītisāra says, "Five causes destroy impartiality and lead to judges taking sides in disputes. They are attachment, greed, fear, enmity, and hearing a party in private."
Another safeguard of judicial integrity was that suits could not be heard by a single judge, even if he was the king. The King had to sit with his counselors when deciding cases, and judges must sit in benches of uneven numbers. Shukra-nītisāra enjoined that "Persons entrusted with judicial duties should be learned in the Vedas, wise in worldly experience and should function in groups of three, five, or seven." Kautilya also enjoined that suits should be heard by three judges (dharmasthstrayah).
Yājñavalkya says, "The Sovereign should appoint as assessors of his court persons who are well versed in the literature of the law, truthful, and by temperament capable of complete impartiality between friend and foe."
These assessors or jurors were required to express their opinion without fear, even to the point of disagreeing with the Sovereign and warning him that his own opinion was contrary to law and equity.
Kātyāyana says, "The assessors should not look on when they perceive the Sovereign inclined to decide a dispute in violation of the law; if they keep silent they will go to hell accompanied by the King."
Precedence in the case of Conflict
Nāradā says, "The basis of a judicial decision (vyavahāra) may be (i) Dharma-shāstra, (ii) (previous) judicial decisions (vyavahāra) or custom (caritra) or the decrees of the Sovereign. The authority of these four is in the reverse order, each preceding one being superseded by the one following it.
Explaining the Importance of Truth (Satya) in Evidence
Brihaspati says, "Judges who are well-versed in the dharmashāstra should address the witness in words praising truth and driving away falsehood (from his mind)."
Nāradā enjoins, "The judges should inspire awe in the witness by citing moral precepts which should uphold the majesty of truth and condemn falsehood." All the smrtis were unanimous in holding that perjury before a court was a heinous sin as well as a serious crime. There were other provisions, calculated to reduce the changes of false evidence being given. Kātyāyana enjoined, with much common sense that there should be no delay in examining witnesses obviously because delay dims the memory and stimulates imagination, "The Sovereign should not grant any delay in the deposition of witnesses; for delay leads to great evil and results in witnesses turning away from the law."
About the Department of Justice of Kailasa
United States of SriKailasa, the only Hindu nation on planet Earth, is headed by THE SUPREME PONTIFF OF HINDUISM BHAGAWAN SRI NITHYANANDA PARAMASHIVAM pontiff of 2 billion Hindus. United States of SriKailasa is a borderless nation, having its States and embassies worldwide.
The nation of SriKailasa is built on the supreme principle of tyaga which is loosely translated as sacrifice. Tyaga in Sanskrit and as per the Hindu scriptures is not sacrifice but it is the renunciation of one's identities at various levels. It results in breaking free of the limiting binding cognitions. It is the super power which makes one manifest Paramashiva.
The justice system of Kailasa is the ultimate one, exactly as ordained by Paramashiva, based on pure compassion. The fundamental premise of the justice system of Kailasa is the truth of Paramashivoham - I am Paramashiva. Whether we realize it or not, experience it or not, every one of us is the Ultimate Paramashiva. Any perception or belief or cognition that is otherwise is pure delusion. So the justice system of Kailasa does not evaluate or judge a person, or classify him or her as a saint or sinner, as these classifications themselves are redundant in the face of the truth of Paramashivoha. Hence the justice system is not based on punishment, the social concepts of right and wrong, neither confession nor atonement. It is based on pure dharma and cosmic law as revealed by Paramashiva and the understanding of prayaschitta which is based on realization and completion and realignment to the Ultimate.
Paramashiva's system does not judge a being as innocent or guilty. It only reminds a person about his or her fundamental purpose of life to realize he or she is Paramashiva already. Any miss or non alignment to this truth is realigned with prayaschitta which is a reminder rather than punishment and hence does not engender the biggest delusion of modern society, fear.
The Department of Justice is responsible for defining, upholding, mapping as a lifestyle and implementing the cosmic principles enshrined in the Cosmic Constitution as revealed by Paramashiva in His living incarnation THE SUPREME PONTIFF OF HINDUISM BHAGAWAN SRI NITHYANANDA PARAMASHIVAM, the Supreme Pontiff of Kailasa, the greatest living Hindu nation. This includes maintenance of law and order, administration of justice, public administration, internal security, protection of Hinduism from persecution and external attacks.
The structure of the justice system of United States of Kailasa comprises the Supreme Court headed by the Chief Justice of SriKailasa and a team of Supreme Court justices below which structure is the Court of every state of the United States of SriKailasa headed by the various justices.
Cosmic Constitution
"OM NITHYANANDA PARAMASHIVOHAM" - is the guiding principle of the Supreme Court of SriKailasa. It expresses the ultimate responsibility of the Supreme Court of SriKailasa - to ensure justice as per the Cosmic Constitution enshrined as the Constitution of SriKailasa, standing on the supreme existential truths of Oneness (advaita), non-violence (ahimsa), compassion (karuna), and with the aim to help every being realize the ultimate reality of Paramashivoham - I am Paramashiva.
The 'Nithyananda Shruti' section of the Cosmic Constitution is perpetual and cannot be amended in any way at any time as it embodies the Ultimate Truths of the Cosmos and life as revealed, explained and established by The SPH.
The Cosmic Constitution may be amended by a resolution adopted by three-fourth of the eligible members present and voting, but such amendment must be proposed in writing and submitted at least one month prior to the meeting. It shall be effective after acceptance by the majority vote or in the time period decided in the meeting itself.
The Court is the highest seat of justice in the Nation for all matters arising under the Constitution or the laws of SriKailasa. As the final arbiter of the law, the Court is charged with ensuring the citizens of SriKailasa the promise of cosmic justice under law and, thereby, also functions as guardian and interpreter of the Cosmic Constitution.
Guiding Texts
The Constitution of Kailasa is based on the Shruti - Vedagamas which form the articles of the Constitution and the Smritis form the guidelines of the Constitution. The Code of Civil Procedure is based on the Shrutis-Smritis.
The justice system of Kailasa follows the Dharmasutras and Dharmashastras.
Dharmashastras are guidebooks of dharma as they contain guidelines for individual and social behavior, ethical norms, as well as personal, civil and criminal law.
The four major Dharmasutras are by Apastamba, Gautama, Baudhayana and Vasistha.
Dharmashastras enumerate four sources of Dharma – the precepts in the Vedas, the tradition, the virtuous conduct of those who know the Vedas, and approval of one's conscience (Atmanastushti, self-satisfaction)
The Dharmashastras present their ideas under various categories such as:
- Acara normative behavior and practices of a community, conventions and behaviors that enable a society and various individuals therein to function
- Vyavahara judicial procedure, process, practice, conduct and behaviour
- Prayascitta atonement, alternative to punishment or incarceration
The four major Dharmashastras are Manusmriti, Yajnavalkya smriti, Narada smriti, Vishnu smriti as well as Mahabharat Shanti parva.
The sacred scriptures of the sovereign order of Kailasa include:
- 1. Direct teachings of The SPH available in video, audio, book, electronic formats like ebooks, social media posts like on Facebook, blogs, etc
- 2. Akashic readings and writings of Kalabhairava through The SPH
- 3. Prasthanatraya:
- a. Bhagavad Gita
- b. Brahma Sutras
- c. Twelve major Upanishads
- i. Isa Upanishad
- ii. Katha Upanishad
- iii. Kena Upanishad
- iv. Aitreya Upanishad
- v. Taittreya Upanishad
- vi. Mundaka Upanishad
- vii. Mandukya Upanishad
- viii. Chandogya Upanishad
- ix. Brihadaranyaka Upanishad
- x. Mahanarayana Upanishad
- xi. Prashna Upanishad]
- xii. Shvetashvatara Upanishad
Chief Justice of United States of SriKailasa
The Chief Justice of the United States of SriKailasa is Paramashiva Himself in the form of His Divine Holiness BHAGAWAN SRI NITHYANANDA PARAMASHIVAM.