Rule of Law and declaration of the emergency

What is the impact of the declaration of the emergency and the suspension of the fundamental rights on the Rule and what. if any, is the limitation of justifiability of arbitrary executive action in the present state of the law? The expression “Rule of LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis.” is used in contradistinction to the rule of man. In the system in which Rule of Law prevails, it is the law that rules, even though through the instrumentality of man, and not the man independently of or above the law. In such a system all executive action must be based on legal sanction and there is no place for executive action that springs from individual whim, malice or caprice. Rule of Law, Therefore, has a built-in safeguard against arbitrary action.

Arbitrary action is a. complete antithesis of the Rule of Law-1 justifiability of arbitrary executive action is, Therefore, an essential part of the concept of Rule of Law. Rule of law, however, is much wider in its scope and ambit than the fundamental rights. The Constitution empowers, and, Therefore, recognises the declaration of emergency in accordance with these provisions. It also recognises and, Therefore, authorises, within circumscribed limits, the suspension of all or any of the fundamental rights. Any such declaration or suspension, where it is resorted to in accordance with the provisions of the Constitution, is not outside the Constitution. It is part of the constitutional process. Neither the declaration of emergency nor the suspension of the fundamental right can, however, be destructive of the Rule of Law. Any of these provisions, however, may have the effect of limiting, during the operation of the emergency, the scope and operation of the Rule of Law. Neither the declaration of emergency nor the suspension of the fundamental rights, to my mind, has the effect of total abrogation of the Rule of Law in IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more. While the declaration of emergency, the consequential suspension of the fundamental rights and the recent constitutional changes in their wake have, to an extent, abridged the Rule of Law but all these do not -add up to an, abrogation of it. While I am not concerned in the present proceeding’s with the extent to which the frontiers of the Rule of Law have been redefined and restricted by virtue of the constitutional and statutory provisions promulgated at the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) of or after the declaration of the emergency, there is nothing in any of these provisions which completely abrogates the Rule of law or takes away all arbitrary executive action out of the area of judicial review.

Here again, I am not concerned with the exclusion of certain matters, as indeed certain statutes, from the area of judicial review because I am not concerned either with these statutes or with such action. In my view, Therefore, an arbitrary executive action, which does not have the cloak of constitutional or statutory protection, by virtue of the constitutional -and statutory provisions, still remains fully justiciable in spite of the continuance of the emergency and the suspension of the fundamental rights. In the Misa case the Supreme Court was concerned with the justifiability by the Presidential order. There is nothing in the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the Supreme Court in that case which may justify a conclusion to the contrary in the present case and learned counsel for the respondents was unable to point to any.