– Govindaraj Korikkar, Senior Advocate
Great is the nation “Bharatha”, so is the systems we inherit. Our legal system/justice delivery system is not an exception. We have a strong, vibrant, independent judiciary, which is supported by equally strong jurisprudence. We follow the concept of “Rule of Law” rather than the British concept of “King can do no wrong”, which means King (Ruler) is an exception to the course of law.
“Rule of Law” simply told is: only ‘Law’ is supreme and ‘subject’ is not. Howsoever high so ever a person may be, Law is above him. He is bound by provisions of law and procedures established by law.
The concept of Rule of Law is flowing through the veins of the great Nation called “Bharatha”. From ancient/Puranic times (From time immemorial) this concept/system of justice delivery is flowing side by side River Ganga.
“Ramayana” is the recording of happenings during Sri Rama’s time. It is nothing but an eye witness account of the events narrated by none other than Valmiki Maharishi – “the witness”. In the last parva of Ramayana, ‘Uttarakaanda’, Rama lays down a law that Lakshmana should not allow anybody in, while, Rama was in confidential meeting with Kaal. Compelled by the situation, Lakshmana violates the law and allows Maharishi Durvasa to enter the meeting. Lakshmana took the extreme step to protect Ayodhya at the cost of his own life. Irrespective of the fact that Lakshmana is the brother of Rama, whom Rama loved more than himself, imposes gravest of punishments on Lakshmana. Can there be a better example of Rule of Law than this?. If wished, Rama could have violated Rule of Law and excused Lakshmana, but it was not so.
Time flown by since then, far ahead and in recent history (300-400 years ago), story of Ahilyabai Holkar is another example of observance of Rule of Law. Her son Malojirao drew a chariot carelessly and killed a calf and enjoyed the pain and death of calf. Learning the same, Ahilyabai Holkar, imposes the harshest punishment on her own son. It is a different thing, the punishment was not executed because of the kindness of the mother of died calf, the Goumatha, who excused Malojirao.
Chanakya the greatest Arthashastrajna/philosopher of Bharatha too espoused the theory of Rule of Law.
Any absence of Rule of Law is lawlessness. Rule of Law is accepted norms of all Civilised Societies. We are proud at the first place that our country has imbibed the concept of “Rule of Law” in our Constitution. There, Ganga continued to flow, and everywhere in our Country, flow of Rule of Law is unhindered and continuous. Honourable Supreme Court of India in more than one judgements declared that “Rule of Law” is one of the Basic Structure of our Constitution, which cannot be altered/amended or tinkered with.
Rule of law is righteous way of life for us. Thus, it is our “Dharma”.