RULE OF LAW AND JUDICIARY

Ladies and Gentlemen it is indeed a matter of privilege for me to share my experience with such well-informed gathering. The rule of law can be described as An authority of law over each and every person in all aspects of life. This principle or yardstick that a rule of law has to prevail is a universal authority. Justice is great interest of man on earth. Justice is the supreme virtue. Law can be broadly classified into two namely Civil and Criminal and the distinction between two is based upon their respective of objectives. In Civil Law the objective is to redress the wrong through compulsory restitution or compensation. Criminal Law on the other hand, seeks to punish by wrong doer. In Civil litigation private wrongs are adjusted by law by suits between the parties involved. In a criminal prosecution, Government itself a party, who is interested in the administration of justice. The quality of nation's civilization can be largely measured by the methods it uses in the enforcement of the criminal law.

Law touches every aspects of life more so in commercialized urban cities and it is absolutely necessary to maintain the balance in the society. The Public interest litigation is the product of the apathy of the government authority not showing any concern with the rule of law. The law has to formulate the code of conduct in the society. Law streams from soul of people. It is as holy as national religion. It grows and spreads like language. The religion, ethics and political elements contribute to its vital force. It is distilled essence of the civilization of the people. It is in Courts and not in the legislature that our citizens primarily feel the keen cutting edge of law. If they have respect for the work of their Courts, the respect for law will survive the shortcoming of every other branch of Governments, but if they lost their respect for work of the Courts, their respect for the law and order will vanish with it to the great detriment in the society. In a democratic society it is pledged to uphold rule of law. It is inadvisable to depend upon the good sense of individual, however high placed they may be. The individuals are not and they do not become wise because they occupy high seats of power. Good sense, circumspection and fairness do not go with post. There is only a complaisant presumption that those who occupy high post have high sense of responsibility. The presumption is neither legal nor rational. History does not support it and reality does not warrant it. It would be unwise to leave any aspects of life to be governed by discretion when it can conveniently and easily be governed by rule of law. The instances of such breach of role of law is manifested right from the day of demolition of Babri Masjid, rape of nuns at Jogeshwari, killing of innocent and exposure of corruption in Punjab Public Service Commission, Maharashtra Public Service Commission, UTI, various banks scams, corruption in defence deals. An executive authority must be vigorously held to the standards by which it professes its actions to be judged and it must scrupulously follow. The welfare government is a regulator, dispenser of special services and provider of a large number of benefits. Some of this form of wealth may be in the nature of legal right and the need to protect individual interest and the society in general. I am not here to enlarge niceties and technicality and fixed points of law but broadly, I shall dwell upon the importance of the rule of law with special reference and context of events during the last two decades. It is said that justice not only be done but ostensibly it ought to be done and it should be seen in the society. Those who are entrusted with the duty of enforcing the law must learn to obey the law. The secrecy in government is fundamentals anti-democratic perpetuating bureaucratic errors. The enactment of any law is the need of the governance at a given time but tolerating its infringement is worst than enacting a law at all. Infringement of law, which is actively or passively condoned for personal gains if encourage would result in lawless society. The State has no religion and it has to govern its subject by rule of law but if the State fails to enforce the rule of law, it results into meaningless honesty, economic exploitation, worship of gods of wealth, greed to acquire wealth by any mean, obsession to possess material gains, demolition of religious institutions, and attacks on religion. The product is confused, degraded human race leading towards destruction of civilization. There are hidden violence of rule of law like denial of service, promotion, license, permits, admission in schools, colleges, denial of business to shop, detention or arrest of innocent persons, raids on residence, business establishment, religious institutions, promotion of corrupt officers, selective recruitment.

During last 55 years of independence i.e. roughly 20075 days and 4,81,800 hours, we have seen more than 50000 riots and loss of thousands of lives and properties worth crore of rupees. The findings on Jabalpur riots in 1967, Ahmedabad (1969) Ranchi, Bhivandi, Jalna (1969), Mumbai (1970 & 1992-93), Jamshedpur 1979, Kanyakumari 1982, Tellecheri (1971) that various have indicted in one way or the other the member of Sangh Privar and/or other such organizations. No action is taken against persons who have been found guilty in such commissions. The Government merely appoints the commissions to find out its weaknesses and shortcomings but no action is taken the guilty persons though recommended very strongly. Those who are found guilty are given promotions, plum posts and which has resulted in serious breach of rule of law. The generation has grown with anti-establishment feelings as difference sets of rules of laws are applied to different people. The time has come when the nature of politics has so much changed that if one speaks against an ideology one is branded as anti-national. Where power is personalized and weekly institutionalized the political process is replaced by arbitrary, which results nothing but the violation of rules of law.

Various international conventions have made several covenants but inpractice the State has failed either to enact law or fail to enforce the law. Article 25 of the Constitution upholds the fundamental rights of very citizens to preach practice and propagate his/her faith is utterly and contemptuously violated during all this years.

The media specially the electronic media is playing a very vital role in both ways, the national English print media has played a very positive role in safeguarding the rule of law by exposing the breach of law. While the local print media & cable operators have played very destructed imaprate role in creating in discharging against the committee. The media belongs to all people and it has to be used for the interest of all. The freedom of speech should not be used to create conflicts, violence and disorders in the society or to destabilize, demoralize or vulgarize issues. It should not encroach upon the rights of other injured, others reputation and project a particular community, class or group in a bad light. It should not follow Hitler's art of propaganda "go on repeating a lie it will be excepted as truth." It has to use to build the nation at not build individuals. Pen is the weapon of the service and not of sensation or servitude. The public statements should not be used to glorify and individuals ill conceived opinions & statements. For an example a statement like a cow is more sacred than five human lives should have been condemned. The Government has to ban such role of media and if the State feels to enforce rule of law, the Government directly or indirectly supports the ideology of communal organizations. The people who write or make inflammatory communal speeches are let off as a result the violence is being nationalized and the institutions are being communalized. Today what we see that a person like Veerappan takes the lives of people without any fear of rule of law. The organizations like PWG, Ulfa, RSS, VHP, Bajrang Dal, and several other organizations openly and using all kinds of media commit several violence of rule of law and no action is taken.
In a democracy governed by the rule of law under a written constitution, judiciary is the sentinel to protect the fundamental rights and the poise even scale of justice between the citizen and the State or the States inter se. The rule of law and judicial review are the basic features of the constitution. Independence of the judiciary is an essential attribute of rule of law. It is therefore absolutely essential that the judiciary must be free from executive pressure or influence, which has been secured by making elaborate provisions in the constitutions. It is composed of the individual men and women who work primarily on the own. The primary effort of the Court is to see that the rule of the law prevails and the enforcement agencies, whether it be in the State or any other authority, take effective steps for the enforcement of the laws. The judiciary, in a way, act as the guardian of the peoples' fundamental rights but in several matters the courts may not be fully equipped. Perforce, it has to rely upon outside agencies for reports and recommendations whereupon orders have been passed from time to time. Even though, it is not the function of the court to see the day to day enforcement of the law, that being the function of the executive, but because of the non-functioning of the enforcement agencies, the courts as of necessity have had to passed orders directing the enforcement agencies to implement the law. Normally, it is the function of the legislature to judge what is good for the community but the recent experience and the break down of rule of law has made the Court to test the interest of the general public comprehending in its fold, public order, economic welfare of the public, public security, morals and the fundamental principles of law. The Court is also called upon to test the reasonable and the restrictions imposed by any law and the Government.