JURISPLEADER LAW BLOG: January 2024

The Hon'ble Supreme Court on Rule of Law and Notion of Justice.

Excellent Explanation and Essay on Rule of Law and Notion of Justice

Para 62. Rule of law means wherever and whenever the State fails to perform its duties, the Court would step in to ensure that the rule of law prevails over the abuse of the process of law.

Such abuse may result from, inter alia, inaction or even arbitrary action of protecting the true offenders or failure by different authorities in discharging statutory or other obligations in consonance with the procedural and penal statutes.*

Para 63. ... There can be no rule of law if there is no equality before the law; and rule of law and equality before the law would be empty words if their violation is not a matter of judicial scrutiny or judicial review and relief and all these features would lose their significance if the courts don’t step in to enforce the rule of law.

...In our view, this Court must be a beacon in upholding rule of law failing which it would give rise to an impression that this Court is not serious about rule of law and, therefore, all Courts in the country could apply it selectively and thereby lead to a situation where the judiciary is unmindful of rule of law. This would result in a dangerous state of affairs in our democracy and democratic polity.

Para 64. ... *Compassion and sympathy have no role to play where rule of law is required to be enforced.* If the rule of law has to be preserved as the essence of democracy, it is the duty of the courts to enforce the same *without fear or favour, affection or ill-will.*

65. ...It is mainly through the power of judicial review conferred on an independent institutional authority such as the High Court or the Supreme Court that the rule of law is maintained and every organ of the State is kept within the limits of the law. Thus, those concerned with the rule of law must remain unmindful and unruffled by the ripples caused by it. Rule of law does not mean protection to a fortunate few. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends. In the words of Krishna Iyer, J., “the finest hour of the rule of law is when law disciplines life and matches promise with performance”. In ADM, Jabalpur vs. Shivakant Shukla, H.R. Khanna, J. in his dissenting judgment said, “rule of law is the antithesis of arbitrariness”.

66. In this context, it would also be useful to refer to the notion of justice in the present case. It is said that justice should remain loyal to the rule of law. In our view, justice cannot be done without adherence to rule of law.

67.... *Courts have to be mindful of not only the spelling of the word “justice” but also the content of the concept.* Courts have to dispense justice and not justice being dispensed with. In fact, the strength and authority of courts in India are because they are involved in dispensing justice. It should be their life aim.

Para 68. The faith of the people in the efficacy of law is the saviour and succour for the sustenance of the rule of law. Justice is supreme and justice ought to be beneficial for the society. ... **Therefore, it is the primary duty and the highest responsibility of this Court to correct arbitrary orders at the earliest* and maintain the confidence of the litigant public in the purity of the fountain of justice and thereby respect rule of law.

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SUPREME COURT ORDER ON RULE OF LAW AND NOTION OF JUSTICE