Law and Jurisprudence According to Kautilya

Kautilya is also known as Chanakya or Vishnugupta

He was the minister in the Kingdom of Chandragupta Maurya
during 317 – 293 B.C.
Famous work: Arthashastra (the science of wealth and welfare)
Artha = Material well-being. Shastra = Science/Policy.
Material well-being is supreme, attainment of all other goals
dharma, kama and moksha depends on artha (material well-
being).
This is duty of King to ensure material well-being.

Source of material well-being = land.

A war for acquiring land is lawful.

First to acquire the land of neighbour.

Neighbours are natural enemies.

Arthashastra = Relation of war between two states. (For acquiring the land
of other state).
He thought that the possession of power and happiness in a state makes a
king superior hence a king should always strive to augment his power.
Kautilya believed that for the prosperity of a state, the state must be devoid
of internal conflict and the King should be in control of the state.
To maintain this internal peace he believed in a just and realistic rule of law.
He was of the opinion that one could get rid of corporeal punishment by
paying off fines.
He was the supporter of human rights. He had deep understanding of
criminal justice and war justice.
He had mercy towards he people defeated in a war and recommends
humanity and justice towards them. He was of the opinion that defeated King
should be treated with respect.
 The Saptanga Theory organism theory of state

SEVEN ELEMENTS CORRESPONDING CHARACTERISTICS

1. The Swami, the sovereign King;
2. The Amatya (Senior Minister)
3. The Durga, the fortification;
4. The Janapada, the people and the territory; 4. Definite territory, able to protect and
5. The Sena or the Danda, the army;
6. The Mitra, the allies.
7. The Kosha, the treasury;
1. Unity, uniformity and solidarity of the
state;
2. Stable and systematic administration;
3. Planned system of security and defence;
support both the king and the subjects;
5. Strong and powerful state;
6. Freedom from alien rule;
7. System of just and proportionate taxation.
 Seven Elements of State
1. King
King is the centre of state and cannot be replaced.
If the King is strong and other 6 elements are weak a strong King can
convert these weak elements into strength.
But the King should not be arrogant.
He should also acknowledge other elements.
All the elements are dependent on each other.
King Can be from any Varna but preferably Kshatriya.
Kautilya was of the considered
view that in case of conflict of
interpretation, the King should
himself decide the dispute and
his interpretation is to be upheld
as final.
2. The Amatya (Senior Minister)
Amatya should be Brahmin.
King has to be very careful while selecting Amatya as he is the chief Ambassador.
There should be at least 3 Amatyas.
They must have knowledge of Shastra.
King should have constant vigil on His ministers and test their integrity time to
time, because they can challenge the power of the King.
3. Durga (Fortification)
Forts are the symbol of offensive and defensive capabilities of the state.
The King should ensure fortification.
4. Janapada (Territory)
Includes territory and subjects.
Subjects should be happy. The happiness of subjects lies on the King.
5. Sena (Army)
In order to protect the state.
They should be Kshatriyas.
Recruitment on hereditary basis.
In case of need the recruitment from other Varnas can be done.
6. Mitra (Allies/Friend)
They are the strength of King.
No one is permanent friend.
Friend can turn enemy.
Loosing friends is a serious security issue.
7. Kosha (Treasury)
To be used during emergency.
Taxation Policy of Kautilya:
Sound treasury is a prerequisite to accomplish other goals.
All state activities depend first on the Treasury.
Source of sound treasury = Taxes.
Laffer curve: Starting from zero tax rate, increases in tax rates will increase the tax
revenue of government, but at some point of time when the rates become high
enough further increases in tax rates will decrease revenue.
Taxable capacity = by providing infrastructure rather than putting heavy tax to raise
revenue.
King must carefully manage the financial affairs of the state.
Law should be in the hands of the King and punishments need to be awarded to
those who are guilty so that King can protect himself from the social unrest and
unhappiness.
He believed that punishment is a means to an end and it needs to prevent the
commission of the crime. He was also a reformer where he though punishments could
reform a person and hence a society.
His devotion to social structure was so strong that he thinks that Brahmins need to be
punished less by only exiling and not by torture. This unequal social justice was in
itself injustice but he believed so.
He had greater significance towards dandaniti which includes, protecting property,
acquiring property, augmenting them and distributing them. He thinks that justice is
an important constituent of sovereignty and it needs to be preserved by the State and
the ultimate responsibility lies with the King.
He put property rights and protection of wealth as one of the important notions in his
jurisprudence.
 Sources of Law

• Dharma (cannon law)

• Samstha (usages)

• Rajashasana (logical principles)

• Vyavahara (customary law)