It is said, that the march of the society is.................
From the rule of the Jungle
To the rule of law
and finally to the rule of LOVE.
As a man living in the era of the Rule of Jungle would not have been able to comprehend how a society based on Rule of law will thrive,similarly we living in the era of the Rule of Love may not be able to comprehend how a society will run on the Rule of LOVE.These advancements will have to evolve slowly by trial and error and success.
Now we are passing through the era of " The Rule of Law".
Law is consistent ,certain.definite and decipherable. We are in the era of the" RULE OF LAW".To hasten the progress and attain the ultimate we have to first steam line the rule of law to prepare our self for the final leap.
Before law every one is equal and gets equal protection. If the concept of "rule of law" is strictly adhered to even the King will be punished if he transgress the rights of a beggar.
Rule of law can be watered down only by the final authority who declares the liabilities and rights under the law on a given set of facts. As a corollary it takes us to the judicial officers as final authority. so to steam line the Rule of law ,we have to have honest and perservant persons as judicial officers.
The most rampant way of justifying the abuse and watering down of the Rule of law is seen by the saying ,ho it is his view.My view is different. By using this justification the Judicial officers and others pass orders in flagrant violation of the consistent and certain principles of law. The law itself declares in inexplicable terms that there cant be any scope for two correct views of laws applicable to a given set of facts.
If two views are possible there are principles which restricts it to one correct view. say for example by working out in one way it can be said that the accused is to be punished and if viewing the same set of facts in another view ,"it can be said that the accused is to be convicted". Then the certain, consistent and ascertainable principle of law says that on this given set of facts there can be only one view and that is, the view favourable to the accused has to be adopted.
Thus whenever two views are possible there is a principle of law which restricts it to one correct view.
It is only this definiteness .consistency and certainty which makes " Rule of law" ,the "righteousness"of the present times or era.Only persons who are trying to make hay by ravaging the Rule of Law will stick to justification of different views of law applicable to a given definite set of facts.Of course change in factual situations entailing change in law applicable is inevitable
Gadhadharan.P
3/604,Manipuram Lane
Nadakav, Calicut-673011
Kerala State
India
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