Thursday, March 30, 2023

Chanakya and Machiavelli - Two Realists in Comparison - Jaideep A Prabhu

 


Article courtesy: https://swarajyamag.com/featured/chanakya-and-machiavelli-two-realists-in-comparison

Così nasce dal ferro un secol d’oro
 (Thus from iron was born a golden age) – Jacopo Nardi

Politics is not a place to save one’s soul, but it is the only place one may save one’s nation – Max Weber

“Politics,” Ronald Reagan once said, “is supposed to be the second oldest profession. I have come to realize that it bears a very close resemblance to the first.” Today, the former US president’s words may seem trite, but a few centuries ago, such sentiments would have had serious repercussions. The publication of The Prince, for example, resulted in violent reactions in Europe—its author, Niccolò Machiavelli, was burnt in effigy by the Jesuits, his books were blacklisted and penned into the Index Librorum Prohibitorum by the Inquisition in Rome, and several books were written to denounce Machiavelli’s “dangerous” and “immoral” teachings.

This prophet of statecraft and diplomacy, however, for many scholars of political theory remains one of the brightest names coming out of Italy during the fecund period of the renaissance. It would be an interesting and profitable exercise to juxtapose Machiavelli’s works on statecraft and diplomacy, The Art of War, Discourses on Livy, and the (in)famous The Prince, in which he opined on how a state should be run, with the Indian realist Chanakya’s Arthashastra . In the Western tradition, these of Machiavelli’s works are considered the principal texts of realism in diplomatic manoeuvring. Chanakya, who is also known to history as Kautilya or Vishnugupta, was the advisor to Chandragupta Maurya, founder of the Mauryan Empire in 321 BCE after defeating the Nanda dynasty and Alexander the Great’s ambassadors in northern India. The Arthashastra, written circa 320 BCE[1], was rediscovered in 1904 by R. Shamasastry and translated into English by 1915. Oddly, this text has remained neglected despite the exuberant efforts of British and German “Indomaniacs” of the imperialist era. By juxtaposing it with Machiavelli’s thoughts, I hope to reintroduce the Arthashastra to mainstream political chitchat and in the process of doing so, diminish the farcical asinine notion of an intellectual divide between “East” and “West.”

It is important to understand why these particular texts were chosen. After all, there exist umpteen books just in the West on statecraft and political power. Thomas Hobbes’ Leviathan, James Harrington’s The Commonwealth of Oceana, John Locke’s Two Treatises of Government, and Jean-Jacques Rousseau’s The Social Contract, to name a few, all deal explicitly with the same subject. In a circuitous manner, so do Karl Marx’s Das Kapital and Joseph Schumpeter’s Capitalism, Socialism and Democracy. And of course, Machiavelli himself studied Aristotle’s Politics and Plato’s The Republic and Laws. The Islamic World offers Al-Farabi’s Aphorisms of the State, Ibn Khaldun’s Muqaddimah, Averroes’ The Decisive Treatise Determining the Nature of the Connection between Religion and Philosophy, and Avicenna’s The Healing. However, Machiavelli’s works make a good comparison to the Arthashastra because like Chanakya, Machiavelli makes a distinction between ethics and political science. Unlike the aforementioned theorists, neither Machiavelli nor Chanakya are interested in the ideal state or the fullest moral development of political men. They are more concerned with the security of the state against external threats and internal harmony. Furthermore, despite other works on politics and statecraft, Machiavelli represents, in the West, the first clear break with idealism and morality, and is the first to suggest that the root of state power is force.[2] For Machiavelli, as Harvey Mansfield notes, as for Chanakya, the fundamental fact is how the prince rules instead of who rules.[3]

The texts, due to the environment in which they were written, permit only some lateral comparisons. Christian Europe was socially quite different from early Hinduism, and the ordering of society as prescribed by the Manusmriti allowed Chanakya to come to different conclusions than Machiavelli regarding domestic policies. Therefore, I am more concerned with the commentaries on foreign policy in the texts, where there are more similarities.

Regarding the Governance of States

Central to the state is strong leadership. Chanakya and Machiavelli both conclude that legitimacy is very important to the ruler as well as the subjects because legitimacy purports an authority that does not exist in practice. The Arthashastra does not spend much time discussing the legitimacy of the ruler, but simply implies that the first ruler had divine origins:

People, overwhelmed by the law of the fishes,[4] made Manu, son of Vivasvat, their king. And they assigned one-sixth of the grains, one-tenth of the commodity and money as his share. Maintained by that, kings bring about the well-being and security of the subjects.[5]

Vivasvat, according to RP Kangle, is a reference to the sun god. This is not the same as the divine right of kings as understood in Europe. Chanakya uses Hindu cosmology to sanction the monarchy as the preferred system of government. Implied is the sanctity of the king even though he is not divine, and although the king is the final arbiter of the land, he is to be aided by an able system—the Arthashastra divides the state into seven components: svamin (the ruler), amatya (the minister), janapada (the territory with the people settled on it)[6]durga (the fortified capital), kosa (the treasury), danda (the army), and mitra (the ally).[7] The Arthashastra declares, “One wheel alone does not turn and keep the cart in motion.”[8] Machiavelli also comments on the notion of divine authority, but more as a gimmick to lend authority to the ruler beyond his physical means. Machiavelli notes in the Discourses,

…although we have seen that Romulus could organize the Senate and establish other civil and military institutions without the aid of divine authority, yet it was very necessary for Numa, who feigned that he held converse with a nymph, who dictated to him all that he wished to persuade the people to; and the reason for all this was that Numa mistrusted his own authority, lest it should prove insufficient to enable him to introduce new and unaccustomed ordinances in Rome. In truth, there never was any remarkable lawgiver amongst any people who did not resort to divine authority, as otherwise his laws would not have been accepted by the people; for there are many good laws, the importance of which is known to the sagacious lawgiver, but the reasons for which are not sufficiently evident to enable him to persuade others to submit to them; and therefore do wise men, for the purpose of removing this difficulty, resort to divine authority.[9]

Although Chanakya does not explicitly state a similar opinion, his use of the sun god to imply divine authority indicates that he would have agreed with Numa and Machiavelli. As Machiavelli states, “the great majority of mankind are satisfied with appearances, as though they were realities, and are often even more influenced by the things that seem than by those that are.”[10] For Machiavelli, however, options other than a monarchy exist, though he thinks it difficult to advocate rule by more than one man except in strained circumstances. In the Discourses, Machiavelli states that a “dictatorship, whenever created according to public law and not usurped by individual authority, always proved beneficial…it is the magistracies and powers that are created by illegitimate means which harm a republic, and not those that are appointed in the regular way.”[11] He further describes three forms of government in their healthy and corrupt states: monarchical, aristocratic, and democratic, “liable to be corrupted that they become absolutely bad…monarchy becomes tyranny; aristocracy degenerates into oligarchy; and the popular government lapses readily into licentiousness.”[12] In The Prince, Machiavelli very lucidly outlines the strengths and weaknesses of rule by one man and rule by an oligarchy:

The entire monarchy of the Turk is governed by one lord…But the King of France is placed in the midst of an ancient body of lords…he who considers both of these states will recognize great difficulties in seizing the state of the Turk, but, once it is conquered, great ease in holding it. The causes of the difficulties in seizing the kingdom of the Turk are that the usurper cannot be called in by the princes of the kingdom, nor can he hope to be assisted in his designs by the revolt of those whom the lord has around him…but, if once the Turk has been conquered, and routed in the field in such a way that he cannot replace his armies, there is nothing to fear but the family of this prince…The contrary happens in kingdoms governed like that of France, because one can easily enter there by gaining over some baron of the kingdom, for one always finds malcontents and such as desire a change. Such men…can open the way into the state and render the victory easy; but if you wish to hold it afterwards, you meet with infinite difficulties, both from those who have assisted you and from those you have crushed. Nor is it enough for you to have exterminated the family of the prince, because the lords that remain make themselves the heads of fresh movements against you.

Noteworthy is the emphasis Machiavelli places on conquest. For a ruler to create opportunities for other benefits to his people, he must first guard the realm, and if possible, expand his territory and sphere of influence. Like Chankaya, the primary responsibility of a ruler for Machiavelli is the security and well-being of his people. While Machiavelli states unequivocally that “[a] prince ought to have no other aim or thought, nor select anything else for his study, than war and its rules and discipline,”[13] Chanakya concurs, adding, “Carrying out his own duty by the king, who protects the subjects according to law, leads to heaven; of one who does not protect…the condition is the reverse of this.”[14] The Arthashastra comments on the duties of a king other than the security of the realm because it was intended to be a full-fledged manual for statecraft, not just a guide to foreign policy. The duty of an Arthashastran king is expressed not in terms of rakshana (to defend) or palana (take care of), but yogakshema. This includes not only security and material well-being, but also assistance in adherence to the purusharthas. The Purusharthas are the four principles of Hindu life, namely, dharmaarthakama, and moksha. It was the king’s duty to ensure that his subjects could lead a life of honesty and justice (dharma), have opportunities to make gains in terms of education, employment, etc., (artha), be able to enjoy their lives through the arts and other sensual pleasures (kama), and hopefully, develop spiritually to eventually attain freedom from the cycle of rebirth (moksha).[15] It is in the pursuit of this aim that Chanakya talks of foreign policy.

Although Machiavelli does not set his prince such high standards, much of Chanakya’s thinking holds true for him too. While Chanakya, a brahmin, is firmly set in Hindu philosophy and sees the world through the spectacles of Hindu cosmology, Machiavelli describes the world through human nature, the ends both advocate being quite similar. The foundation of Machiavelli’s political thought is revealed in one line in The Prince: “The wish to acquire is in truth very natural and common, and men always do so when they can, and for this they will be praised not blamed.”[16] Although political equilibrium is the ideal a prince should strive for, it remains illusory and “all human things are kept in a perpetual movement, and can never remain stable, states naturally either rise or decline.”[17] Machiavelli’s argument follows that since interstate relations are always dynamic and every state seeks expansion of its powers, it is best that one’s own state maintains a position of strength. Furthermore, Machiavelli, like Chanakya, sees beyond the reign of one king to the stability of the realm. For Machiavelli, a prince should endeavour to not only secure his domain during his time but even after him. As Louis Althusser explained, “Machiavelli is interested in only one form of government: the one that allows a state to last.”[18] In Machiavelli’s own words, “[t]he welfare, then, of a republic or a kingdom does not consist in having a prince who governs it wisely during his lifetime, but in having one who will give it such laws that it will maintain itself even after his death.”[19] Similarly, the Arthashastra has “avowedly for its end the security and prosperity of the state.”[20] Chanakya advises that a king should not install on the throne one who is unfit to rule even if he is an only son.[21] The ultimate goal of the king and his government is the health of the state, not the lineage of the ruling family. This is not to say that Chanakya does not favour the law of primogeniture: he does. He even countenances a family oligarchy if a calamity were to befall the Kingship. However, he is insistent that an unfit person should not rule. According to one scholar, Chanakya’s work “deals with a monarchical constitution.”[22] Thus, Chanakya’s loyalty is to the state and not to any ruling family. This offers a counter to those who see Chanakya’s treatise as promoting monarchy holding dictatorial powers.

On Defence and the Military

Machiavelli’s thoughts on the actual conduct of warfare are as detailed as Chanakya’s but are in another work of his, The Art of War. It is similar in nature to Sun Tzu’s most famous work by the same name. The Arthashastra devotes eight of its fifteen chapters to various aspects of war, diplomacy, foreign policy, espionage, and covert operations. Needless to say, the conduct of war is seen as central to the well-being of a state. This does not mean that these political theorists were warmongers—on the contrary, Machiavelli declares in The Art of War that “he who practices [war] will never be judged to be good, as to gain some usefulness from it at any time he must be rapacious, deceitful, violent, and have many qualities, which of necessity, do not make him good.”[23] And yet he also states that a prince must “not depart from the good, when possible, but know how to enter into evil, when forced by necessity.”[24] Although Chanakya does not explicitly speak against war, he is very much aware that peace is essential for the stability of any political system. Like Machiavelli, he stresses that war be used as the last resort as it causes loss of money and life. Machiavelli warns,

The object of those who make war, either from choice or ambition, is to conquer and to maintain their conquests, and to do this in such a manner as to enrich themselves and not to impoverish the conquered country. To do this, then, the conqueror should take care not to spend too much, and in all things mainly to look to the public benefit.[25]

Similarly, “[i]f there is equal advancement in peace or war,” Chanakya declares, “[one] should resort to peace.”[26] The whole purpose of Chanakya’s foreign policy is to increase one’s power at the cost of one’s enemies. Power, Chanakya takes care to define, is of three kinds: the power of knowledge is the power of counsel, the power of the treasury and the army is the power of might, the power of valour is the power of energy.[27] Thus, warfare need not be the only means to increase power. However, if it came to war, Chanakya saw three kinds of warfare that could be waged: open war (traditional war), concealed war (guerrilla war), and silent war (openly praising the enemy while sending spies to assassinate him, sabotage his kingdom, and sowing dissention among his officials).[28] Chanakya sees four strategies through which power can be exercised: saama (peace), daana (gift), bheda (dissention), and danda (force). As a result, Chanakya discusses issues of military strategy as part of his chapter on foreign policy and diplomacy. Chanakya would agree with Karl von Clausewitz that war was the continuation of politics by other means. In fact, he delineates six measures of conducting foreign policy: entering into a treaty (peace), doing injury (war), remaining indifferent (neutrality), submitting to another (seeking shelter), and resorting to peace with one foe and war with another (dual policy).[29] Obviously, peaceful negotiation was best, followed by the giving of gifts, sowing dissention among the enemy, and finally war. When war came, Chanakya advised that it be fought as chivalrously as possible. If one was stronger than one’s opponent, one should follow the rules of warfare. If one was equal or weaker than one’s aggressor, one should recourse to any means necessary to attain victory. Chanakya even countenanced crops and stores to be burnt down, trees to be cut, and civilians to be captured as part of his total war.[30]

Machiavelli echoed such thoughts himself. Machiavelli’s advice to his prince is that “there are two ways of contesting, the one by the law, the other by force; the first method is proper to men, the second to beasts; but because the first is frequently not sufficient, it is necessary to have recourse to the second.”[31] Even more clearly, in the Discourses, he writes,

And doubtless, if the Florentines had attached their neighbours to themselves by treaties of amity, or by rendering them assistance, instead of frightening them off, they would now be the undisputed masters of Tuscany. I do not mean to say by this, however, that arms and force are never to be employed, but that they should be reserved as the last resort when other means fail.[32]

“Although deceit is detestable in all other things,” Machiavelli writes, “yet in the conduct of war it is laudable and honourable; and a commander who vanquishes an enemy by stratagem is equally praised with one who gains victory by force.”[33] He emphasises again that “one’s country must be defended, whether with glory or with shame; it must be defended anyhow.”[34] Machiavelli, many scholars seem to agree, represents a departure from the humanist values of non-violent diplomacy. Felix Gilbert’s seminal book on the politics of the chaotic period between the first expulsion of the Medici from Florence to their second expulsion, Machiavelli and Guicciardini, argues that Machiavelli had learned about the “crucial importance of force in politics”[35] in the twenty years since the appearance of French and Spanish troops in Italy. He further argues that although the Discourses dealt more with the establishment of republics, the “dominating idea” in the Discourses and the Prince is the foundational nature of force for any state.[36] Although we do not know much about Chanakya’s background, it is a fair assumption to say that Alexander’s invasion of India and the subsequent defeat of the Indian kings by Alexander due to the constant fighting between the Indian kingdoms themselves underscored in Chanakya’s mind the necessity of a strong and unified state and the centrality of force in politics. Thus, both Chanakya and Machiavelli came to the same conclusion and were formed by similar experiences. What is striking is the universal applicability ascribed to their laws. Gilbert writes on Machiavelli, “[the] Prince and the Discourses were intended to reveal the laws which govern the world of politics,”[37] while LN Rangarajan regards Chanakya “as a great preceptor of statecraft, whose teachings have a universal validity.”[38]

Since both of our subjects believe in the primacy of force, it is not surprising that they devote much effort to explaining what force is and how it should be used. Machiavelli, for example, having learned from the incessant wars between the Italian states themselves and also between France and Spain, is particularly concerned that the state should have its own arms. Chanakya cynically declares, “When one has an army, one’s ally remains friendly, or even the enemy becomes friendly.”[39] Since laws are upheld by force, it is apparent that the prince should be armed. Machiavelli clearly indicates that “there cannot be good laws where there are not good arms, and where there are good arms there must be good laws.”[40] As Mansfield points out, Machiavelli abjectly repudiates the Christian notion that the meek shall inherit the earth.[41] A key point Machiavelli wishes to make is that the prince not rely on mercenaries or auxiliaries. He says,

Mercenaries and auxiliaries are useless and dangerous; and if one holds his state based on these arms, he will stand neither firm nor safe; for they are disunited, ambitious, and without discipline, unfaithful, valiant before friends, cowardly before enemies; they have neither the fear of God nor fidelity to men, and destruction is deferred only so long as the attack is; for in peace one is robbed by them, and in war by the enemy. The fact is, they have no other attraction or reason for keeping the field than a trifle of stipend, which is not sufficient to make them willing to die for you…no principality is secure without having its own forces.[42]

Again, in the Discourses, he stresses, “[s]uch princes and republics of modern times as have no national troops for defence or attack ought well to be ashamed of it,”[43] and in The Art of War, he repeats again, “I say to you that no army is of more use than your own.”[44] Machiavelli’s adamance on this issue stems from his conviction that auxiliary troops are not under the prince’s control but under the control of he who sends the troops, and mercenaries, as stated above, cannot be trusted. In his time, Italian city states rarely had standing armies—even larger European states struggled to afford one—and most cities relied almost exclusively on mercenaries. The French invasion of Italy revealed the weakness of this policy, and Machiavelli’s repeated warning is similar to that of a child having burnt his fingers.

The Arthashastra does not prohibit the use of mercenaries, probably because they augment an already vast force the king possesses. Chanakya categorises the army in several groups, each group or combination of groups best suited for certain kinds of missions. Chanakya’s army consists of maula (the standing army), bhrita (the territorial army), sreni (the militia), mitra (the ally’s army), amitra (alien forces), and atavi (tribal forces). Of these six types—sreni obviously refers to mercenaries—the first three were drawn from the citizens of the country.[45] Chanakya also prefers that any force be composed of elements earlier in the list than later. The last two, amitra and atavi, were deemed untrustworthy and unreliable, plunder being their only goal, and hence to be used only as a last resort or as disposable troops.[46]

Like Chanakya, Machiavelli also comments on how troops should be drawn. His schema, thankfully, is far simpler. Machiavelli believes that men should generally be drawn from the populace through a draft. “Since it is necessary…first to find men, you must come to the Deletto of them.”[47] For this, he advises that the draft be drawn from “the peasants, who are accustomed to working the land, are more useful than anyone else.”[48] Chanakya’s advice is identical. “A kshatriya army, trained in the art of weapons, is better, or a vaisya or a shudra army, when possessed of great [numbers],”[49] Chanakya opines.[50] Upon the creation of armies and matters of military strategy, Chanakya and Machiavelli expound in much detail. Machiavelli’s Art of War deals exclusively with military matters, the prince’s first duty. Chanakya also focuses in great detail upon strategy, formations, discipline, potential problems, payment, equipment, training, battalions and divisions, and other organisational factors in Books Two, Eight, and Nine of the Arthashastra.

Diplomacy

It is important to understand Chanakya’s and Machiavelli’s worldview, their weltanschauung, before looking at their aphorisms on diplomacy. Machiavelli is clear even in his Discourses, where he seems more interested in the ideal form of government than the realpolitik of the Prince, that “it is impossible for a republic to remain long in the quiet enjoyment of her freedom within her limited confines; for even if she does not molest others, others will molest her, and from being thus molested will spring the desire and necessity of conquests.”[51] Chanakya’s view of the world extends not only to the kingdom’s immediate neighbours but beyond that to encompass the whole world.[52] Of course, Mauryan dynasty maps were not as sophisticated as to show the entire planet, but in his system of twelve concentric mandalas or circles, Chanakya divides the world into enemies, allies, allies of enemies, allies of allies, and so on.[53] In its entirety, Chanakya’s matrix consists of seventy-two elements (!) that could be reduced only upon conquest.[54]

Ambassadors were not permanent in Chanakya’s or Machiavelli’s time. In both cases, envoys served a secondary function of intelligence gathering. As Sir Henry Wotton punned succinctly, “an ambassador [was] an honest man who [was] sent to lie abroad.”[55] Especially with the strengthening of international law, when protection was granted to messengers, ambassadors were useful assets in an enemy’s court. Chanakya, true to his style, explains in detail the qualifications of an envoy—there are multiple kinds with varying degrees of power—and their duties, even how they should conduct themselves when in the enemy’s court. These thoughts are grouped along with his teachings on the training of spies, counsellors, and assassins, revealing the purpose of embassy in the Arthashastran mind. Usually, the envoy was not paid and allowed only a travelling allowance, just as in medieval Europe. However, envoys were mostly drawn from the king’s courtiers and were therefore paid in other ways.[56]

Oddly missing is a thorough discussion on the ars arengandi in Machiavelli’s writings, particularly since he himself played ambassador on several occasions. His writings indicate through historical examples, particularly in the Prince, the influence of emissaries on politics in communicating with other states. Despite lacking the exhaustive training his Venetian counterparts received, Machiavelli’s experience is unquestionably proven in a 1522 memo to Raffaello Girolami, an inexperienced colleague. In what by now should not be surprising, Machiavelli’s advice to Girolami closely resembles Chanakya’s thoughts. Both our theorists emphasise the “analysis of the political situation and the personality of the audience.”[57] Machiavelli states, “successful diplomacy begins with a thorough analysis of the nature of the sovereign to whom the envoy is sent.”[58] The envoys should strive to learn the “state and essence” of the enemy’s government.[59] Chanakya writes,

[An envoy] should observe terrains suitable for stationing an army, for fighting, for reserves and for retreat, for his own state and for the enemy…he should find out the size of forts and the country as well as strong points…defences and weak points…he should notice graciousness in speech, expression and eyes of the enemy, esteem of the envoy’s words, inquiries about his wishes, keen interest in talk about the qualities of the envoy’s master.[60]

The question, of course, is why was something so essential to the functioning of a state not included in the three principal texts he wrote on statecraft? William Wiethoff argues that this is because Machiavelli’s ideas on diplomatic functionaries were conventional for the time. Much of what Machiavelli explained to Girolami had been standard practice in medieval Italy. Just as Chanakya assumes that no king would hurt a brahmin emissary because it was understood in Indian society that brahmins were not to be harmed, Machiavelli sees no point in reiterating the accepted wisdom of his time.

Despite the emphasis on negotiation, neither Chanakya nor Machiavelli believed that treaties were binding.[61] In fact, both thinkers considered some treaties as made to be broken, to lull the enemy into a false sense of security. Politics is for both men as much about breaking promises as it is making them. The king who wants to outmanoeuvre a short-sighted enemy should enter into an alliance with him to create a false sense of confidence, and then discovering the weak points of the enemy, strike him.[62] Machiavelli also agreed that it seldom happened that anyone could “rise from low condition to high rank without employing either force or fraud,” and it was less censurable if the fraud were concealed.[63] Chanakya and Machiavelli both spend considerable time delineating the nature of such conspiracies and frauds and how the prince or king should avoid them. The Arthashastra also mentions various methods—wine, women, wealth, gambling, assassination—a king could use to destabilise his enemy.[64] According to C. Formichi, both Machiavelli and Chanakya agreed that 1) Nations are always hostile and need to be eliminated with whatever methods available, 2) Reasons of State must prevail over all other sentiments, and 3) There are no limits to absolute sovereignty.[65]

Fiscal Policy

There is one aspect of the state that Chanakya and Machiavelli disagree on: economics. For Chanakya, economics was central to the well-being of the state. The basis of state power was financial power.[66] Wars were fought and policies were formulated on the basis of gain, and usually, money was a good measure of success. The Mauryan state had an extensive tax code to support its ventures. The Arthashastran state regulated all aspects of economics but was not a collectivised state. Although the state controlled key industries, legalised and taxed alcohol, prostitution[67] and gambling, and prescribed severe punishments for financial duplicity, the king could not seize land from a farmer as long as the farmer paid his taxes. Chanakya even prohibited the state from making deals that hurt individual merchants and many areas of business were off-limits to the state.

Machiavelli’s thoughts are radically different. He emphatically states, “there cannot, therefore, be a more erroneous opinion than that money is the sinews of war.”[68] Machiavelli’s argument is that one cannot wage war with gold but needs iron. Without the strong spirit of good soldiers, an excess of gold merely encourages neighbouring states to plunder the prince’s realm.[69] Money is a necessity, Machiavelli argues, but a secondary one that good soldiers could overcome. In the Prince, Machiavelli warns that principalities that are acquired by fortune, by wealth or gift, are the hardest to hold because the prince has not demonstrated his virtu to the people yet. What are we to make of this stark reversal on realpolitik by the arch-realist of the modern era? It seems unlikely that Machiavelli suddenly chose to venerate the human spirit—in fact, Machiavelli’s take on human nature appears quite bleak. From the examples Machiavelli cites in the Discourses to support this view, one gathers that Machiavelli does not abnegate the power of money but merely implores the prince not to rely solely on it. It is obvious that Machiavelli sees the importance of fiscal health for he considers the problems of paying a large standing army. However, Machiavelli still rejects the centrality of pecuniary matters in the functioning of an army let alone a state. The only possible reason I can suggest is that Machiavelli’s prince did not seek global hegemony but merely the security of his realm. Ideally, Machiavelli’s prince used his enemy’s resources to replenish his own needs. The Arthashastran king, however, sought world domination. Perhaps the king did not posses a long-term strategy to do this but constant conflict and realignment of politics plot the king on a course to defeat or world conquest. This required far larger resources of money and strategic materials than Machiavelli’s prince could dream of.[70] It may also be because when Machiavelli wrote his treatises, he had firmly in mind the political situation in Italy at the time, while Chanakya’s labour was unconstrained by any historical context.

Conclusion

The tragic truth behind Chanakya’s and Machiavelli’s thoughts was expressed most concisely by Machiavelli himself: how we live is so far removed from how we ought to live, that he who abandons what is done for what ought to be done, will rather learn to bring about his own ruin.[71] It is overly simplistic to mark these two theorists as cold-hearted realists and demonise them, for both placed many caveats upon the use of extreme force. Chanakya forbade the king from attacking another just king, for the aggressor could not hope to hold the gains he made against just king.[72] Machiavelli agrees with Chanakya, saying, “one cannot call it virtue to kill one’s fellow citizens, betray one’s friends, to be without faith, without mercy, without religion.”[73] As regards cruelty and mercy, Machiavelli states, “he is to be reprehended who commits violence for the purpose of destroying, and not he who employs it for beneficent purposes. The lawgiver should, however, be sufficiently wise and virtuous not to leave this authority which he has assumed either to his heirs or to any one else; for mankind, being more prone to evil than to good…”[74] Thus, Mansfield’s statement about Machiavelli can be extended to describe Chanakya as well: for both these men, “there is just one beginning—necessity.”[75] Even in victory, both recommend generous behaviour towards the vanquished, letting them keep their traditions and treating captives well—both sought stability and order internally as well as externally.[76] Both project a sense of paternalism towards the subjects of their realms, yet both are cognisant of the fact that the security of the realm is sometimes paid for by a high body count, hopefully the enemy’s.

The Arthashastra is separated from the Prince, Discourses, and the Art of War by eighteen centuries and a vastly different culture, and yet their resonance with each other is remarkable. One cannot but help reconsidering structuralist notions of power, leaving for them the Foucauldian knowledge-is-power panopticon. The signs and signifying practices in Chanakya’s and Machiavelli’s world seem to conform into a unitary constructed reality, a reality that differs in all aspects but the nature of power. What does this say of Hannah Arendt’s view that violence indicates the loss of power?[77] Furthermore, what does this leave of Ranajit Guha’s carefully crafted relationship between dominance, hegemony, and power? The strongest argument for a closer analysis of a structuralist notion of power seems to me to be in the cultural differences and the time separating Machiavelli and Chanakya. In a world as dynamic as ours, anything that lasts for so long with so few changes deserves another look. There is no doubt, however, that both men have acquired a sinister reputation over the years. Indians prefer to project the image of their messenger of peace, Mohandas Gandhi, and ignore the full implications of the Arthashastra. Machiavelli, needless to say, caused much debate among Europeans over his legacy—the authoritarian Machiavelli of the Prince, or the republican Machiavelli of the Discourses? The pagan Machiavelli, or the Christian Machiavelli?[78] This is obviously an absurd reduction. As Lord Acton said of Machiavelli, “a sublime purpose justifies him, and he has been wronged by dupes and fanatics, by irresponsible dreamers and interested hypocrites.”[79] To conclude, it is best to let Machiavelli defend and define both, himself and Chanakya: my profession is to govern my subjects, and defend them, and in order to defend them, I must love peace but know how to make war.[80]


[1] There are debates regarding the exact date the Arthashastra was written. See RP Kangle, The Kautilya Arthashastra (Delhi: Motilal Banarsidass, 1988), Volume 3, 59 – 116. Indologists date the text from as early as the fourth century before the Common Era to the third after. However, the dating of this text shall have no serious repercussions on our study of its dictums.

[2] Felix Gilbert, Machiavelli and Guiccardini: Politics and History in Sixteenth-Century Florence (Princeton: Princeton University Press, 1965), 154.

[3] Harvey Mansfield, Machiavelli’s Virtue (Chicago: University of Chicago Press, 1996), 238.

[4] Law of the fishes (matsyanyaya) — big fish eat little fish. The origin of authority and eventually the state is seen as rising from a Hobbesian anarchy. And similar to Hobbes’ thesis, the alternative to the state is anarchy. However, there does not seem to be any social contract as Hobbes or Jean-Jacques Rousseau would suggest in their works.

[5] Arthashastra 1.13.5-7. See RP Kangle, Volume 2, 28.

[6] “Land in itself had little value in Arthashastran India as there was plenty of virgin land to be had for free. The Arthashastra does not even mention land in its list of inheritable property. Land became valuable only when made productive by human labour.” See Abraham Eraly, The Gem in the Lotus: The Seeding of Indian Civilisation (London: Weidenfeld & Nicolson, 2000), 380.

[7] Arthashastra 6.1.1. See Kangle Volume 2, 314.

[8] Arthashastra 1.7.9.

[9] Niccolò Machiavelli, Discourses on the First Ten Books of Titus Livius, Chapter XI. Online. Available from http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php&title=775, accessed February 12, 2012.

[10] Machiavelli, Discourses, Book I, Chapter XXV.

[11] Machiavelli, Discourses, Book I, Chapter XXXIV.

[12] Machiavelli, Discourses, Book I, Chapter II.

[13] Niccolò Machiavelli, The Prince, Chapter XIV. Online. Available from http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php&title=1234, accessed February 12, 2012.

[14] Arthashastra 3.1.41. See Kangle, Volume 2, 195.

[15] Kangle, Volume 3, 117 – 118.

[16] Machiavelli, The Prince, Chapter III.

[17] Machiavelli, Discourses, Book I, Chapter VI.

[18] Miguel Vatter, Between Event and Form: Machiavelli’s Theory of Political Freedom (Dordrecht: Kluwer Academic Publishers, 2000), 22.

[19] Ibid.

[20] Kangle, Volume 3, 131.

[21] Arthashastra 1.17.51. See Kangle, Volume 2, 48.

[22] Radhagovindha Basak, Some Aspects of Kautilya’s Political Thinking (Burdwan: Burdwan University Press, 1967), 3.

[23] Niccolo Machiavelli, The Art of War, Book 1. Online. Available from http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php&title=1234, accessed February 12, 2012

[24] Machiavelli, The Prince, Chapter 18.

[25] Machiavelli, Discourses, Book II, Chapter VI.

[26] Arthashastra 7.2.1. See Kangle, Volume 2, 325.

[27] Arthashastra 6.2.33. See Kangle, Volume 2, 319.

[28] Roger Boesche, The First Great Political Realist: Kautilya and his Arthashastra (Oxford:Lexington Books, 2002), 109.

[29] Arthashastra 7.1.6. See Kangle, Volume 2, 321.

[30] Bharati Mukherjee, Kautilya’s Concept of Diplomacy: A New Interpretation (Calcutta: Minerva Associates, 1976), 33-34.

[31] Machiavelli, The Prince, Chapter XVIII.

[32] Machiavelli, Discourses, Book II, Chapter XXI.

[33] Machiavelli, Discourses, Book III, Chapter XL.

[34] Machiavelli, Discourses, Book III, Chapter XLI.

[35] Gilbert, Machiavelli and Guicciardini, 154.

[36] Ibid.

[37] Ibid., 170.

[38] LN Rangarajan, The Arthashastra (Delhi: Penguin Books, 1992), 31.

[39] Arthashastra 8.1.56. See Kangle, Volume 2, 389.

[40] Machiavelli, The Prince, Chapter XII.

[41]Mansfield, 187.

[42] Machiavelli, The Prince, Chapter XII.

[43] Machiavelli, Discourses, Chapter XXI. See also, Chapter XLIII, where Machiavelli again mentions the “uselessness of mercenary troops, who have nothing to make them fight but the small stipend they receive, which is not and cannot be sufficient to make them loyal, or so devoted as to be willing to die for you.”

[44] Machiavelli, The Art of War, Book I.

[45] Rangarajan, 684.

[46] The standing army depended upon the king for its existence and was under constant training. This was therefore the best army in terms of equipment, training, and loyalty. Some campaigns the king may wish to lead may need a larger army. The territorial army was next in preference because of its close proximity to the king—it was usually drawn from the capital and the surrounding areas. It was easily mobilised and more obedient. Sreni, the militia, were next because they were drawn from common citizens of the entire realm. These troops were reliable because in the success of the king lay their success. Their expectations for reward and other gains made them useful. Chanakya preferred friendly forces next. They were understood to have similar interests as that of the king, and they were hopefully as well-trained as the king’s own army. Amitra and Atavi were forces Machiavelli would probably describe as auxiliaries—they were not under the direct control of the king. However, they provided bodies if and when needed. Amitra were alien forces whose interests coincided with those of the king’s for a limited period. Atavi were jungle forces—in Chanakya’s time, there were certain jungle tribes that a king allowed to exist in his kingdom that were not part of his jurisdiction. They had no rights as citizens, but were extended the same protection as any citizen. In return, they would provide troops if needed. See Rangarajan, 684-685.

[47] Machiavelli, The Art of War, Book I.

[48] Ibid.

[49] Arthashastra 9.2.21. See Kangle, Volume 2, 412.

[50] In Hindu society, people were divided into four broad groups. The brahmins, the highest group, were priests, scholars, and counselors in the royal court. Kshatriyas were nobility, and were considered the warrior caste. It fell to them to rule and to defend society. The next caste, the vaishyas, were merchants, financiers, and artisans. The lowest caste, the shudras, worked in service industries and were artisans. Outside the caste system were the non-Aryans, mlecchas. Chanakya does not consider them in his work.

[51] Machiavelli, Discourses, Book 2, Chapter XIX.

[52] RP Kangle translates the opening line of the Arthashastra as, “This single treatise on the Science of Politics has been prepared mostly by bringing together the teaching of as many treatises on the Science of Politics as have been composed by ancient teachers for the acquisition and protection of the earth.” (emphasis mine). See Arthashastra 1.1.1. Kangle, Volume 2, 1.

[53] Rangarajan, 557.

[54] Arthashastra 6.2.13-28. See Kangle, Volume 2, 318-319.

[55] Harold Nicholson, Diplomacy (Oxford: Oxford University Press, 1958)

[56] Kangle, Volume 3, 208.

[57] William Wiethoff, “A Machiavellian Paradigm for Diplomatic Communication,” The Journal of Politics, Vol. 43, No. 4, (November 1981): 1093.

[58] Memoriale a Raffaello Girolami quando al 23 d’Ottobre parti per Spagna all’Imperatore, in Opere, ed. Alessandro Montevecchi (Torino: Unione Tipografico, 1971), 2: 223.

[59] Ibid.

[60] Arthashastra 1.16.8-12. See Kangle, Volume 2, 37. For general rules of diplomatic conduct, see Arthashastra 1.16.8-35 in Kangle, Volume 2, 37-39.

[61] For the Arthashastra on treaties, see Rangarajan, 580-603. Chanakya also states that any contract made with fraudulent intent is invalid. See Rangarajan, 501.

[62] Arthashastra 7.6.13. See Kangle, 339.

[63] Machiavelli, Discourses, Book 2, Chapter III.

[64] Roger Boesche, “Kautilya’s ‘Arthashastra’ on War and Diplomacy in Ancient India,” The Journal of Military History, Vol. 67, No. 1 (Jan. 2003): 24.

[65] Benoy Kumar Sarkar, “Hindu Politics in Italian,” Indian Historical Quarterly, Volume I (1925), 551-552.

[66] Eraly, 387.

[67] Prostitutes were educated in their craft at the state’s expense (!) and were taxed at a uniform 12.5%.

[68] Machiavelli, Discourses, Book II, Chapter X.

[69] “I maintain, then, contrary to the general opinion, that the sinews of war are not gold, but good soldiers; for gold alone will not procure good soldiers, but good soldiers will always procure gold. Had the Romans attempted to make their wars with gold instead of with iron, all the treasure of the world would not have sufficed them, considering the great enterprises they were engaged in, and the difficulties they had to encounter. But by making their wars with iron, they never suffered for the want of gold; for it was brought to them, even into their camp.” See Ibid.

[70] In modern nuclear parlance, this is the difference between Chanakya’s MAD (Mutual Assured Destruction) and Machiavelli’s MUD (Mutually Unacceptable Damage). The theory is that it is not necessary to have the power to obliterate the planet as the US and USSR did during the Cold War. French, Israeli, British, and now Indian nuclear programs are far more modest—they possess enough nuclear weapons to make any potential aggressor think twice before attacking. Similarly, Chanakya’s king had a global vision, while Machiavelli’s prince was content to rule a strong but bounded power.

[71] Machiavelli, Prince, Chapter 15.

[72] Arthashastra 7.5.16-18. See Kangle 335.

[73] Machiavelli, Prince, Chapter 8.

[74] Machiavelli, Discourses, Book I, Chapter IX.

[75]Mansfield, 55.

[76] George Modelski, “Kautilya: Foreign Policy and International System in the Ancient Hindu World,” The American Political Science Review, Vol. 58, No. 3 (Sept. 1964), 558.

[77] Hannah Arendt, On Violence (New York: Harcourt, Brace, & World, 1970), 44-46.

[78] See Sebastian de Grazia’s Machiavelli in Hell (New York: Vintage Books, 1994).

[79] Introduction to LA Burd’s edition of The Prince (Oxford, 1891), xxxiv.

[80] Machiavelli, Art of War, Book I.

Jaideep A. Prabhu is a specialist in foreign and nuclear policy; he also pokes his nose in energy and defence related matters.


Wednesday, November 30, 2022

WATER AND SANITATION POLICIES IN INDIA: A REVIEW By HIMANSHU KUMAR

 CourtesyInternational Journal of Studies in Public Leadership, Volume III, Issue 1 (ISSN 2583-3308)


ABSTRACT Water is one of the most precious elements present on Earth that sustains all life forms, though found in abundance, but less than three percent of Earth's water is freshwater. It has been a prime national and international concern to conserve water, and treaties, plans, and policies have been devised to manage water resources. Clean water is essential to achieve better health and sanitation facilities; therefore, both form a nexus and should be dealt with accordingly. India has more than 18% of the world's population but has only 4% of the world's renewable water resources, and 2.4% of its land area; this makes it essential to have efficient policies for effective water resource management and sanitation facilities. India introduced its first National Water policy in 1987, which wassubsequently taken over by new policiesin 2002 and 2012. The Ministry of Drinking water and Sanitation came up with the Model National Water Framework Bill in 2016, which acted as a model for further action. Sanitation has also been prioritised by the central and state governments, along with water resource management. The sanitation programmes in the country which began in the 1950s, failed at the rural front. The focus then went onto developing infrastructure, which later shifted towards addressing behavioural issues. The current phase started in 2014, under Swachh Bharat Mission, and aimed to make India Open Defecation free by 2019. Managing Water and Sanitation facilities for such a vast population is a strenuous task for the government. Setting up institutions, equitable resource sharing, finances and pricing, and sustainable management, are enormous challenges that can be addressed by making stringent laws and inclusive policies. It demands a high degree of political will, participation of institutions, and the community, to address clean water and sanitation for all.


Water And Sanitation Policies In India: A Review Safe and clean drinking water is essential for public health, drinking, sanitation, irrigation, and ensuring a good quality of life. It is therefore highly vital to sustainably manage this precious resource. However, this is a challenging task as sustainable water management implies the continued stable systems and the aspects of sustainable development, poverty reduction, equitable resource sharing, policymaking, and development plans(UNDESA, 2015). The United Nations General Assembly in 2010 recognized the human right to water and sanitation and acknowledged that clean drinking water and sanitation are essential to the realisation of all human rights but still 844 million people in the world lack even a basic drinking-water service, including 159 million people who are dependent on surface water, 423 million people take water from unprotected wells and springs and 159 million people collect untreated surface water from lakes, ponds, rivers and streams (WHO, 2017). India has more than 18 % of the world's population but has only 4% of the world'srenewable water resources and 2.4% of the world'sland area; the country is endowed with several annual and seasonal rivers, the seven major rivers of the country namely Indus, Brahmaputra, Narmada, Tapi, Godavari, Krishna and Mahanadi along with their tributaries make up the river system of India (NIH, 2017). On average, India receives annual precipitation (including snowfall) of about 4000 km³; out of the available 4000 km³ water, 1953 km³ is the average yearly potential flow in rivers available as a water resource. Out of this total available water resource, only 1123 km³ is utilisable, making it a highly preciousresource (Kumar et al., 2005). Increasing population and the overutilization of water resources would lead the country to water scarcity by 2025; it has been projected that the per capita average annual availability shall decline from 1816 (m³/year) in 2001 to 1140 (m³/year) in 2050 (UNICEF, FAO& SaciWATERs, 2013). This is a matter of grave concern and makes it essential for the policymakers in India to devise plans and policies that are inclusive and don't compromise on the conservation efforts and people's demands. India's first National Water Policy was implemented in 1987; a new policy took it over in 2002. National Water Policy (2002) laid the guidelines for the planning, developing, and managing of the water resources and calls for the development of separate state water policies. Yet, the future of the country's water resources appears bleak, given the excess pressure exerted on the resources by a growing population (Verma et al., 2020). The Ministry of Water Resources prepared a draft National Water framework bill in 2016 aimed at conservation, protection, and groundwater regulation and includes the "Right to Water" and water use prioritisation principles. Interestingly, it also sets out an institutional framework for planning and regulation based on the Panchayat and Municipal framework provided in Article 243 of the Constitution (Ministry of Drinking Water and Sanitation, 2016). The Central and State governments have been concerned primarily about clean water and sanitation; the sanitation programmesin the country can be divided into four different phases; the first phase started in the 1950s, where adequate attention was not paid to ruralsanitation. From mid-1980s till 1999 was a middle period in which the government focused on infrastructure building and subsidising toilets for poor households; since 1999, a period of more intensive engagement was initiated with increased funding, and a change in approach, shifting from infrastructure building to behavioural change (Ministry of Drinking Water and Sanitation, 2016), the current phase started in 2014 under the name of Swachh Bharat Mission. It aimed to make India ODF free by 2019. The country has progressed from sanitation coverage of 1 percent in 1981 to 31percent in 2011 (Census, 2011) to over 98% in 2019 (Ministry of Jal Shakti, 2019). Various programmes were initiated to eradicate the menace of open defecation and to improvise the health and sanitation facilities in the nation; from the Total Sanitation Campaign (TSC) in 1999 to Nirmal Bharat Abhiyan (NBA) in 2012 and the latest one, i.e., Swachh Bharat Mission launched by the government of India on 2nd October 2014. The SBM is an ambitious programme (Bharat et al., 2018) aimed at enhancing the sanitation facilities in the country and ensuring toilets facilities in every household by 2019; another programme called AMRUT (Atal Mission for Rejuvenation and Urban Transformation) came into existence in 2015 which focused on the urban renewal projects and to establish the infrastructure that would ensure adequate robust sewage networks and water supply for urban transformation.

For more, read: https://journal.rashtram.org/wp-content/uploads/2022/05/WATER-AND-SANITATION-POLICIES-IN-INDIA-HIMANSHU-KUMAR.pdf

Wednesday, August 10, 2022

KAUTILYA’S ARTHASHASTRA AND THE LAW - PREETHI SUNDARARAJAN

Abstract:

Kautilya (alternatively known as Chanakya or Vishnugupta) is a name familiar to us as a statesman, advisor and author of Arthashastra. A lot has been written about him and his work, and through this paper I analyse the instances in which Kautilya and his Arthashastra has been invoked by the Indian judiciary and law/constitution-making bodies. I trace the trajectory of the reliance placed on Kautilya and his Arthashastra by judges over the years to understand the impact of ancient texts and history in evolving legal jurisprudence in India. Other than the case-laws written over the years, I also explore invocations of Kautilya during the debates in our Constituent Assembly Debates. Through my research, we can see that the Arthashastra is often invoked in certain types of cases and to understand the practices and/or customs of ancient India. Over time, we also see that increasing reference is made to Kautilya and his Arthashastra and in ways that reflect a deeper understanding of the essence of the ancient text. This exploration is intriguing because it looks at the overlap of two distinct fields of study and how one has helped the other evolve.

Published in: International Journal of Studies in Public Leadership, Volume I, Issue 1 (November 2020) ©2020 by RSPL, Rishihood University. All Rights Reserved.

Kautilya’s Arthashastra and the Law The Arthashastra is a text that has held the interest of a cross-section of people for decades now. In this essay, I look at when, how and in what manner the judiciary has relied on or referred to the Arthashastra over the years to interpret laws. The aim is to understand the impact that the Arthashastra has had on laws, and interpretation thereof, in India. Hence, I propose to do this not only by analysing the judgments pronounced by various Courts within India but also looking at the Constituent Assembly Debates1 . For the purposes of this essay, I look at three broad periods - the pre-independence era, the constitution-making process, and the post-independence era. I look at the pre-independence era and constitution-making process to put in context the references to the Arthashastra in the contemporary era which is the main focus of this essay. I begin by looking at the spread of the cases over the years, and then proceed chronologically to trace the evolution of reliance on the intermingling of legal jurisprudence with the Arthashastra, and then conclude by summing up the course set by courts in this arena.

The Arthashastra and the Judiciary of the Pre-Independence Era A total of three cases from the pre-independence era refer to Arthashastra. As the number is low, I look at all three cases. The case of Hiralal Singha v. Tripura Charan Ray (1913 [17] CLJ 438) before the Calcutta High Court appears to be the first recorded case available that mentions the Arthashastra /Kautilya. This is one of two cases that mention both Kautilya and Arthashastra. It is also the only judgment to refer to the ‘Vatsyayan Sutra’ and place substantial reliance on both these ancient texts to determine whether property could be inherited from a widow who had turned to prostitution.

The judgment in the Seshachala Chetty and Ors. v. Para Chinnasami and Ors. ([1917] ILR 40 Mad 410) case of 1916 was pronounced by a three-judge bench of the Madras High Court. Of the Bench consisting of only one Indian judge, the British Chief Justice’s written judgment was the sole judgment drawing upon the Arthashastra to trace ownership of unoccupied lands, which was one of the issues framed in this case. The judgment mentioned the ‘Arthashastra of Kautilya’ as having been published recently and dates it to 300 B.C. The judge relied on the Arthashastra to reinforce the right of the State to provide uncultivated land to cultivators to realise its true revenue potential, as a practise recognised and supposedly followed in India. He refers to ‘Bk. 2, C. 1’ which stipulates, inter alia, that land may be confiscated from those who do not cultivate it, and that lands prepared for cultivation may be given only for life, and that unprepared lands may not be taken away from those who are preparing them for cultivation (Shamasastry, 1915). The third judgment (Muthukrishna Naicken v. Ramachandra Naicken and Ors. [1919] 37 MLJ 489) is also of the Madras High Court and was pronounced by a two-judge bench in 1918. In this matter pertaining to property law, the Judge terms the second adhyaya3 of the fifth adhikarana4 as Chanakya’s ‘Machiavellian’ and ‘disingenuous’ advice. He relies on the same to make a case that even in ancient sovereigns, revenues from temples were used on occasion for general administration of the land. This is substantiated by the sutras which empower the King or the Superintendent of Religious Institutions (acting on behalf of the King) to accept properties (Shamasastry, 1915). The Judge refers to the Arthashastra and then the practices of the East India Company to frame the action as a continued practise/custom.

The Arthashastra and the Constituent Assembly Debates I continue to trace the trajectory with a search of the Constituent Assembly debates as this gives us insight into the thinking of the framers of our Constitution, which is the supreme law of the land. Interesting observations from the search are as follows: ● That nowhere is the term Chanakya used; references are made only to Kautilya and Arthashastra by the members of the Constituent Assembly. ● Reliance is placed by Shri Seth Govind Das on Kautilya’s Arthashastra to substantiate his claim that India is a ‘very ancient country’ where villages held a very important place. He states that there are references to villages in the Arthashastra, and that modern historians also admit its truth.5 Making a point that the Constitution must be in Hindi and not English, Shri Algu Rai Shastri said that we have ‘inherited our language from our ancient sages and from Kautilya’s Arthashastra’ 6 . Though the first reference is technically true and the second is a case of overreaching, these two references show how the Arthashastra was used as validation by members to further their own opinion on a particular issue. ● In a bid to convince his peers that the ‘republican tradition’ was not alien to India, Shri S.Radhakrishnan states that Megasthenes and Kautilya refer to the Republics of ancient India7 ● Shri Kamlapati Tiwari draws a comparison between the Constitution of India and the Arthashastra by terming the work of the Constituent Assembly the second constitution-making process, with the first having happened 2500 years back. This ‘Kautilyan Constitution’ has apparently remained a ‘brand product of the Indian mind over all these centuries’.8 The Arthashastra and the Judiciary of the Post-Independence Era As there have been multiple judgments post 1947, I shall be focusing on a few judgments pronounced between 2010 to 2019 as being reflective of the contemporary take of the Judiciary on the Arthashastra. The 2019 matter of Vijay Namdeorao Wadettiwar & Ors. v. The State of Maharashtra & Ors.9 pertains to anti-defection law and involves interpretation of constitutional provisions. This judgment refers to Chapter IX of the Arthashastra to understand the ‘background history of India and its Constitution’, and specifically the qualities that a minister must ideally possess. We see here a continuation of the parallel drawn between the Arthashastra and the Constitution which was observed in the Assembly debates. Further, the judgment calls Kautilya an ‘exponent of the art of government’ and states that it was compiled (not written) between 321-296 BC.10

The case of Riyaz Ahmad Bhat v. State of J&K and Ors.11 makes a passing reference to Arthashastra while stating that the rule of law has included principles of natural justice from the ‘legendary days of Adam and of Kautilya’s Arthashastra’. The similarity between Adam and Kautilya and their relevance to a property dispute in a country suffering from multiplicity of laws governing property matters is puzzling. A potential justification for this is found in other judgments12 which specify that the Adam-Kautilya reference is being invoked to indicate that natural justice is a venerable, established, noble concept and not a new-fangled, passing fad. Another slew of judgments13 proceed a step further and state (while reiterating all of the above) that reliance must not be placed only on legend and history, but current legislation must evolve to sustain these principles. The case of Alim v. State of Uttarakhand & Ors.14 is about a writ petition filed to stop the illegal slaughtering of cows on streets. While issuing directions prohibiting slaughter of cows, the Court placed reliance on the Arthashastra (and the Isha Upanishad and the Vedas) to emphasise the importance of cows. Another case15 on the same issue makes an argument that the Arthashastra (along with vedic texts) raises cows to the level of divinity by virtue of the fact that it has a Superintendent of Cows (and an entire adhyaya dedicated to it). However, the veracity of this assertion is questionable on a reading of the Arthashastra. Other passing references to Arthashastra were made in matters of the ubiquity of corruption16, inheritance rights of women, and the culture of bribery. Conclusion The Arthashastra is the only ancient text that most of the judgments referring to the Arthashastra rely on, and they all seem to accept it as the authoritative account of conditions/life/practices in ancient India. In the pre-independence era, the Arthashastra appears to be used as a tool to build a version of history wherein large phases of Indian history are glossed over and the Arthashastra is seemingly the sole representative of ancient India. In the Constituent Assembly Debates, we see reliance being placed on the Arthashastra to trace India’s rich and ancient history. Jumping to contemporary times, we see that the judges have a slightly more historically accurate understanding of the Arthashastra, notwithstanding the equal footing that Adam and Kautilya are put on. Further, the judges do not rely solely on the Arthashastra but also refer to other ancient texts and sources to understand the issue at hand. Also, there is reference to the gist of the Arthashastra ’s take on a specific prakaran17 instead of a meticulous reference to the book, chapter, and ‘section’ of the text as was observed in the earlier cases. The Courts also appear to be relying on the Arthashastra to develop legal jurisprudence shaped by our unique history, and not solely to drive an agenda. At the same time, we also see the Arthashastra being invoked (along with other texts) for deeply politicised issues such as slaughtering of cows. That said, the Courts do attempt to perform a balancing act and not show bias. To conclude, it may be said that the trend indicates that inferences are being increasingly drawn from Kautilya’s Arthashastra by the Courts in their efforts to interpret statutes, and that despite the passage of time, it shall continue to stay relevant and help Indian legal jurisprudence evolve.

Article link: https://journal.rashtram.org/wp-content/uploads/2022/02/4-Preethi-S.pdf

About the Author

Preethi Sundararajan

BBA LLB (Hons.), National Law University, Jodhpur Student, MA (Public Policy & Governance), Azim Premji University