JURISPRUDENCE

OF
BHAGWAD
GITA

भगवदगीता
 Introduction of The Bhagavad Gītā
The Bhagavad Gītā (Sanskrit: भगवदगीता,Song of God), also more
simply known as Gita, is a sacred Hindu scripture, though its
philosophies and insights are intended to reach beyond the scope of
religion and to humanity as a whole. It is commonly referred to as the
'manual for mankind' and has been notably praised highly by not just
the likes of MK Gandhi, but also, Aldous Huxley, Albert Einstein,
Ralph Waldo Emerson, Carl Jung & Herman Hesse.
It is considered among the most important texts in the history of
literature and philosophy. The Bhagavad Gita comprises roughly 700
verses, and is a part of the Mahabharata. The teacher of the
Bhagavad Gita is Lord Krishna, who is revered by Hindus as a
manifestation of God (Parabrahman) itself,and is referred to within as
Bhagavan, the Divine One.
The content of the Gita is the conversation between Lord Krishna and
Arjuna taking place on the battlefield before the start of the
Kurukshetra war. Responding to Arjuna's confusion and moral
dilemma about fighting his own cousins, Lord Krishna explains to
Arjuna his duties as a warrior and prince, and elaborates on different
Yogic and Vedantic philosophies, with examples and analogies. This
has led to the Gita often being described as a concise guide to Hindu
theology and also as a practical, self-contained guide to life. During
the discourse, Lord Krishna reveals His identity as the Supreme
Being Himself (Svayam Bhagavan), blessing Arjuna with an awe-
inspiring vision of His divine universal form.
The direct audience to Lord Krishna’s discourse of the Bhagawata
Gita included Arjuna (addressee), Sanjay (using Divya Drishti gifted
by Rishi Veda Vyasa) and Lord Hanuman (perched atop Arjuna’s
chariot) and Barbarika, son of Ghatotghaj, who also witnessed the
complete 18 days of action at Kurukhsetra.
The Bhagavad Gita is also called Gītopaniṣad, implying its having
the status of an Upanishad, i.e. a Vedantic scripture.Since the Gita is
drawn from the Mahabharata, it is classified as a Smṛiti text.

Relation Between Bhagwad Gita and Jurisprudence

Our Constitution-makers were the revolutionaries for whom the nation
mattered most; they were not like the hacks who are engaged by vested
interests to craft a constitution. They had in their consciousness issues as
aforementioned. At the dawn of the new India they had in their mind not
The Communist Manifesto or the Road to Serfdom but the Bhagavad-
Gita (unless someone pleads that his mind was a tabula rasa on which
the neo-liberalists can script their brief).

The Bhagavad-Gita rejects, so does our Constitution, ideas such as

these: (a) The Bhagavad-Gita and our Constitution contemplate no class
conflict or class struggle. They do not recognize dialectics central to the
thought of Hegel and Marx. Our Constitution commits our polity to
social justice under a system in which all live and work without
discrimination, and under conditions whereunder life is not a mere
animal existence. We have rejected Marx's dictum that the history of the
“hitherto existing society is the history of class struggle".

(b ) The driving force in the cosmic affairs for Hegel is Spirit. For Marx
the driving force is Matter , which means that for him “the driving force
is really man's relations to matter, of which the most important part is
the mode of production”, in effect, his ‘materialism, in practice,
becomes economics.' In the Bhagavad-Gita (and our Constitution) the
driving force is lokmangal , welfare of all. Both these reject Hegelian
and Marxist dichotomies reflected in their theories of dialectics. In the
Gita the harmony is the natural consequence of the concept of Isvara
over Prakri t and Purusha; under our Constitution it is brought about by
the idea of everyone's weal (which again is a rejection of the Unitarian
ides of Bentham and Mill).

(c) The doctrine of Communism is based on the theory of the

INEVTABILITY OF PROGRESS. It contemplates a Second Coming,
something like the El Dorado of the Utopians, or the ‘Trickle-down
theory of the neo-liberal economists triumphant in this present phase of
Economic Globalization. Marx led us to a dream, Darwin made us to
turn irresponsible as evolution is bound to take place anyway, and the
neo-liberalists dangle before us a carrot they call ‘the Trickle-down
theory'. Our Constitution does not ask the skeletons and the scarecrows,
to sing a death-bed song in the glory of the plutocrats and their smoggy
corporate oligarchy.

(e) The Bhagavad-Gita and our Constitution contemplate Rights and

Duties for the development and happiness of all. The Utilitarians are
satisfied with the happiness of a few, thereby facilitating the emergence
of Capitalism, Fascism, and now neo-liberalism. Their arch-priest
Bentham cared little for the liberty of all. He thought of the liberty only
of a few. The rights of man, he said, are plain nonsense; the
imprescriptible rights of man, nonsense on stilts. When the French
revolutionaries made their ‘ Declaration des droits de l'homme ,'
Bentham called it ‘a meta-physical work—the ne plus ultra of
metaphysics'. It was argued that the “articles could be divided into three
classes: (1) Those that are unintelligible, (2) those that are false, (3)
those that are both.” We have, as is evidenced under our Constitution,
rejected such foolish ideas. Our Constitution posits an over-arching
social vision for the Free India.
(d) Our Constitution, right from its inception, is cast to promote the
welfare of all sections of our political community. On this point it differs
from all other celebrated Constitutions, be of the USA , France , Russia ,
or even the U.K. In all these Constitutions, polity had been constructed
for the delight of the affluent and dominant sections of people, and the
commoners of the societies had to wait and struggle for even more than
a century even to acquire the rights to universal suffrage. Our
Constitution, like the Bhagavad-Gita, is universal and egalitarian:
mandating a quest for universal weal. It is remarkable that even the
members elected on a narrow franchise, had an over-arching vision,
which can best be called our ‘Constitutional Socialism'

Our Constitution too recognizes Freedom within the discipline of

‘Constitutional Socialism'. It determines the reach of freedom
recognizing the limits in the interest of others. Our Constitution's
fundamentals are pragmatic, and socialistic. It does not share the
assumptions of Marx, or of the classical economists, or of the neo-liberal
economists. Our Constitution tames power, and puts wealth under an
egalitarian discipline. It is not difficult to see that wealth corrupts power,
and power enjoys whoring with wealth. The correct perspective is to
consider our problems under the discipline of our ‘Constitutional
Socialism'. The ideal of ‘Social Justice' is the very heart of the matter as
without it polity and governance both are unjust intrusion. But this
socialist pursuit would be wholly futile unless we have a substantial
democracy for the benefit of all, rather than a device for some lost souls
to capture power somehow. But a socialist democracy requires
distribution of power, as the concentration of power always leads to
tyranny. With this objective our Constitution provides a directive to the
State (Art. 40):
“The State shall take steps to organize village panchyats and endow
them with such powers and authority as my be necessary to enable them
to function as units of self-government”

But what is most worrisome in this phase of neo-liberalism is a

systematic evasion of Art 40 on account of the government's lust for
more and more power, which (and it is a devastating irony) is now being
used for the promotion of the interests of the corporations and the High
Net Worth Individuals.

The objective of our people's collective pursuit is not “greatest good for
the greatest number”; bur the welfare of all. This perspective is now
being shared to some extent by the welfare economists like Dr Amartya
Sen; yet the vision of welfare, as we get in the Gita, and find in our
Constitution, is most comprehensive and for the l okamangal of all.
‘Dinkar' had felicitously described in his epic Kurukshetra :

Can't there be peace, any peace ever,

Till people share not in equality what comes

 Gita on Fighting Terrorism
In the Bhagavad Gita, God appears in human form as Krishna, to guide
Arjuna in the fight / don't fight dilemma that Arjuna faces. What might
this 18 chapter holiest of the Hindu scriptures teach us in the dilemma
we now face concerning global terrorism? Krishna's advice fits neither
of the two extremes that are presently dominating the media debate: at
one end are the majority of Americans who promote revenge against the
terrorists as a notion of justice -- an eye for an eye. At the other end is a
minority of anti-war activists who want no violence, and instead
advocate that the US should take the blame for having caused hatred
against itself. The Gita's message rejects both these. Its short-term
message for this situation pertains to the ethics of war, and its long-term
message calls for systemic changes required by both Islam and the West
in order to harmonize humanity.
Dharmic War
Krishna scolds Arjuna for his initial attitude of abandonment, saying that
there is a global evil that must be dealt with; Arjuna is the best qualified
one to fight this evil given his training, capabilities, and position. This is
God's work and not his own. By analogy, one could argue that the US
must play Arjuna's role, being positioned as the only superpower and
having the resources to carry this out. In Hindu dharma, a ruler has the
obligation to protect the public from such menaces, and to abandon this
role would be irresponsible. God's advice to Arjuna is: “Engage in battle
with equanimity and without getting overwhelmed by the extremes of
joy and sorrow, gain and loss, and thus you won't incur sin.”
A just war (“dharma-yudh” = war-as-duty) should not be for revenge but
for the prevention of terrorism in the future. The Hindu idea of justice is
in the form of karmic consequence; but these consequences are for God
to take care of, whenever and however he chooses. The Gita emphasizes
one's rightful action, but always letting God take care of the fruits.
Therefore, from President Bush down to the pilots making the strikes,
the attitude should be one of doing duty for the sake of ridding society of
evil, and not for revenge.
Furthermore, the response has to be relevant and proportional. The Gita
does not condone indiscriminate “carpet bombing.” Since karma is
individual and merit based, there cannot be racial profiling against
anyone.
It is also made clear in the Gita that Arjuna has nothing personal to gain
from winning. He does not seek power, wealth, fame or glory. Hence, it
is not an act to be carried out by the ego and must be free of selfish
motives.
 Analysis of Bhagavad Gita

A critical analysis of Bhagavad Gita can always be attempted at any

stage of life but the results would probably be nil. Why? Analysis of
Bhagvad Gita is difficult for the reason that contents of Bhagavad-
Gita can never be understood literally! For assimilating the wisdom
contained in sacred Bhagavat Gita of Hinduism one needs reading in
between the lines!

To analyze Bhagavad Gita one needs reaching the stage of

enlightenment (kaivalya jnana)! The moment that happens... the
enlightened one need not analyze Bhagvad Gita any further... the need
for analysis of Bhagavad-Gita now ceases to exist. One who gains
enlightenment understands the gist of Bhagavat Gita like ABCD!

For understanding Bhagavad Gita... for interpreting the sacred

Bhagavat Gita... one needs understanding crux of cosmic life... the
essentials of karma... the role played by five senses and the mind!
One also need understand the meaning of celibacy... the process of
kundalini awakening... the difference between religion and spirituality!

While interpreting Bhagavad-Gita we realize the absolute truth of

life... it is our soul atman the spirit within that is on its cosmic journey
of 8.4 million manifestations... an earthly life cycle of 96.4 million
years! It is our soul atman the spirit within that manifests the human
form to work out its karma... remove the dross impurities within!
It is by following the dictates contained in Bhagavad Gita of
Hinduism... we realize that fruits of karma performed... never
belonged to body... the human form! The fruits of our works... the
karma performed always belonged to our soul atman the spirit within
and never the human form! The prime reason why human beings are
simply an instrument in the hands of God!
As per Bhagavad Gita every soul atman
manifests the human form to cleanse itself of the
dross impurities within. Similar as one KG of pure
gold sandwiched in hundred KG lump of gold ore
cannot separate itself of its own and requires external
mining machinery and processes... every soul atman
also requires manifesting a series of 8.4 million bodies
on the whole!
The moment human beings reached the 8.4 millionth manifestation...
as per sacred Bhagavad-Gita of Hinduism... the enlightened one after
gaining enlightenment (kaivalya jnana) and finally salvation (moksha)
enters the abode of God... the kingdom of God (termed Vaikuntha in
Hinduism).
The contents of sacred Bhagavad Gita of Hinduism can never be
assimilated by followers of religion. For analyzing Bhagavad-Gita...
for understanding Bhagvad Gita traveling the path of spirituality is a
necessity... a compulsion in the journey of life! To understand our
real inner self... our soul atman the spirit within we have to
understand the intricacies of spirituality!
While analyzing Bhagavad Gita it becomes absolutely
clear and transparent that one needs establishing
absolute control over five senses and the mind!
Establishing absolute control over five senses
and mind is very difficult to attain in ones
lifetime of 70 to 80 years... the prime reason why in
the last 150 years only two persons reached the stage
of enlightenment!
Both Sri Ramakrishna Paramhansa and Maharishi Ramana started
their journey towards God via path of bhakti yoga! Subsequently the
path of bhakti yoga merged with the path of jnana yoga... the path of
absolute wisdom! It is by traveling the path of absolute wisdom... the
path of jnana yoga... both Ramakrishna Paramhansa and Maharishi
Ramana finally gained enlightenment!
Enlightenment can never be gained by traveling the path of bhakti
yoga or karma yoga alone... one needs traveling the path of jnana
yoga finally to reach the kingdom of God (termed Vaikuntha in
Hinduism). The path of jnana yoga entails understanding wisdom
contained in sacred Bhagavad-Gita of Hinduism in totality!
Step-by-step... shloka by shloka (verse by verse) human beings
finally edged towards understanding the intricacies of Bhagavad
Gita... analyzing Bhagavat-Gita to whatever extent possible! The
messages contained in sacred Scriptures can only be understood by
traveling the spiritual path... never the path of religion... the path of
rituals!
A critical analysis of Bhagavad Gita has been attempted by many
scientists world over but none has succeeded till date! Why? The
contents of sacred Bhagavad-Gita... the analysis of Bhagavat Gita can
never be made by following the precincts of science! Science
demands proofs that are not forthcoming in the system of God.
The entire cosmic system... the doctrine of spirituality is run on
faith... absolute faith in God Almighty! It is by following the path of
absolute faith Mahavira, Gautama Buddha, Jesus Christ, Prophet
Mohammed, Sri Ramakrishna Paramhansa and Maharishi Ramana
finally gained enlightenment in their lifetime!
 Message of the Gita
There are 6 arishadvargas, or evils that the Gita says one should avoid:
kama (lust), krodha (anger), lobh (greed), moha (delusion), mada or
ahankar (pride) and matsarya (jealousy). These are the negative
characteristics which prevent man from attaining moksha (liberation
from the birth and death cycle).

The Gita centers on the revelation of Vaishna monotheism, offering the

alternative of just war, even against relatives, provided the aggression is
in the "active and selfless defence of dharma", to the pacifist Hindu
concept of non-violence.

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