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Courting the rule of law

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  • Harish Salve

    India’s survival as a democracy has been in itself a great achievement. Unfortunately somewhere along the way the institutions have lost their savour. We have faced and overcome many challenges. The challenge to restore rule of law to its rightful place is much simpler. The remedy is threefold.

    First, re-establish the credibility of the civil services and the police by ensuring that they run the country in accordance with the law and policies (not diktats) made by the elected representatives. Secondly, all populist methods incompatible with the rule of law must be eschewed. Let’s follow Gandhiji’s ‘means justify the ends’ philosophy. Populist methods or agendas must be within the framework of the law, and populist laws must be within the framework of the Constitution. Third, we need an allocation of sufficient resources to the justice delivery system.

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    The media did yeomen service in the Jessica Lall case. This momentum must not be lost. The media can create sufficient public awareness that will ultimately force the pace of these reforms.

    We can only forget at our peril the warning of the great jurist John Locke, who said, “Wherever law ends, tyranny begins.”

    The writer is a senior lawyer

    Previous1234
    Legality or Wisdom??By: Sahil Tagotra | 14-Oct-2008 Reply | Forward Salve, with respect, seems to be in an ideological conflict with hi,self, insofar as he says in this article that "The courts are duty-bound to enforce the law even if it has unpopular consequences". In his latest article "Test of Wisdom not legality", he seems to suggest that the decision of the Delhi High Court in respect of Mid Day Journalists may be right, but its consequences are highly undesirable. He also seem to say that in certain cases, the Courts must, more than the legality, look at the consequences.I subscribe the Salve's view in his latest Article that at times, it is indispensable for the Courts to, and they should, look at the consequences that may follow a judgment rather than technically applying a law. But in doing so, the Court must not show disregard for the straight law but read it down appropriately. Also, it must not become a tool for any corrupt judge (if there is any) to pass judgments which wholly subscribe to a false and incorrect public opinions.
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