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Way to promote rule of law in a democratic country
Zafar Bhat. Dated: 5/27/2017 10:43:04 AM
YB ANALYSIS
Zafar Bhat
Jammu, May 26
A sound judicial system must have two basic elements: a well planned, well-regulated system of courts following a simple and orderly of law, the courts, howsoever well planned will administer justice according to the whims, discretion, notions of good and bad, entertained by the presiding judge.
Since these subjective elements differ from man to man and time to time, justice without law tends to be haphazard, inconsistent and indefinite.
A court dispensing justice not according to anybody of principles but according to what the judge deems just in a particular case cannot be an efficient or trustworthy tribunal. There would also be chances of corruption and bribery in such a situation.
Notably, Law imparts uniformity and certainty to the administration of justice and protects the fountain of justice from being polluted by operation of improper motives or errors of individual judgment on the part of the judge. Again, howsoever good the system of law may be, it will fail to provide impartial justice if not properly applied.
Despite all achievements, a few serious defects do exist in the system and these defects have become time honored as they persisted for long. For reforming and updating the law and bringing it in conformity with the new social conditions prevailing in India after Independence, law Commissions have submitted over one hundred reports during the last nearly thirty years, and necessary legislative action has been taken on many of these reports.
Categorically only good laws, applied soundly and efficiently, will provide an impartial justice which is of paramount importance to the progress, stability and well-being of a society. Thus is the way to promote rule of law in a democratic country.