We need Rule of Dharm not ‘Rule of Law’

कालो वा कारणं राज्ञो राजा वा कालकारणं |

इति ते संशयो मा भद ू 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 the state or the state who creates the times.
This shlok is part of discourse between Bhishma 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. 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 Dharm-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 complex 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 concepts are responsible
for this present pathetic condition, interwoven, intermingled and encapsulated under constitutional
legitimacy, created a multilateral labyrinth and in garb of colonial 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 a appropriate
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 of our 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 exploitive 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 Vidhya, 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.