Courts duty-bound to enforce rule of law ‘without fear or favour, affection or ill-will’: Supreme Court

Satya Prakash

New Delhi, January 8

If the rule of law has to be preserved as the essence of democracy, it’s the duty of courts to enforce it “without fear or favour, affection or ill-will”, the Supreme Court said on Monday.

A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan, which quashed the premature release of 11 men convicted of raping Bilkis Bano and killing her family members during the 2002 post-Godhra riots, indicted the Government of Gujarat for breaching the rule of law by usurping powers not vested in it in granting remission to the convicts.

Noting that “the faith of the people in the efficacy of law is the saviour and succour for the sustenance of the rule of law,” the Bench said, “Justice is supreme and justice ought to be beneficial for the society. Law courts exist for the society and ought to rise to the occasion to do the needful in the matter. Respect for law is one of the cardinal principles for an effective operation of the Constitution, law and the popular Government.”

It said, “In our view, this court must be a beacon in upholding rule of law failing which it would give rise to an impression that this court is not serious about rule of law and, therefore, all courts in the country could apply it selectively and thereby lead to a situation where the judiciary is unmindful of rule of law. This would result in a dangerous state of affairs in our democracy and democratic polity.”

The top court said, “Rule of law does not mean protection to a fortunate few. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends.”

It said “the strength and authority of courts in India are because they are involved in dispensing justice. It should be their life's aim.”

Quoting legendary Justice Krishna Iyer, the Bench said, “the finest hour of the rule of law is when law disciplines life and matches promise with performance”. It also quoted Justice HR Khanna, to emphasise that “rule of law is the antithesis of arbitrariness”.

It said, “The manner of functioning of the court in accord with the rule of law has to be dispassionate, objective and analytical.”

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