PANCHABHAI POPOTBHAI BUTANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Preamble of our Constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. The rule of law could discernibly be dissected into two well accepted concepts : (i) governance and (ii) administration of justice. They are not only the pillars of the Constitutional mandate, but are linchpin to the growth, development and independence of any nation or society. Governance obviously means good governance and it refers to the task of running the Government in an effective manner. Right to a legitimate and accountable government under which fundamental rights and human rights are respected and the Government controlled by the rule of law are the basic elements of good governance. Rule of law indicates good governance which requires fair legal framework that enforce law impartially. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

(2.) Edward W Younkins in "The Purpose of Law and Constitutions" has noted, "The rule of law requires that people should be governed by accepted rules, rather than by the arbitrary decisions of rulers. These rules should be general and abstract, known and certain, and apply equally to all individuals." Law is the activity of subjecting human behaviour to the rules of governance. The rule of law is concerned with regulating the use of power and its imperative is that this power is not misused. The rule of law ensures that Judges decide disputes in terms of the existing, known and general rules and not according to the perceived desirability of particular outcomes. In a free society, each person has a recognized private sphere, a protected rule which government authority cannot infringe upon and the purpose of law is to preserve freedom and moral agency. (See : www.quebecoislibre.org).

(3.) Where rule of law is strong, people uphold the law not out of fear but because they have a stake in its effectiveness. Virtually any State, after all, can enact laws and maintain respect and pursue genuine rule of law. Genuine rule of law requires the cooperation of State and society and is an outcome of complex and deeply rooted social processes. (Ref.: "Good Governance: Rule of Law, Transparency and Accountability" by Michael Johnston, Department of Political Science, Colgate University).