Lex non a rege est violanda – The law must not be violated even by the king.
1. Meaning
Lex non a rege est violanda is a Latin maxim that translates to:
“The law must not be violated even by the king.”
This maxim emphasizes the supremacy of law over all individuals, including rulers, sovereigns, or heads of state.
It reflects the principle of equality before law, meaning nobody is above the law.
2. Significance in Law
Supremacy of Law:
The maxim underlines that laws are supreme, and even those in power are bound to obey them.
Rule of Law:
This principle is a fundamental concept in constitutional law and forms the basis of democracy.
It ensures that arbitrary exercise of power is prevented.
Accountability of the Ruler:
Even kings, presidents, or prime ministers cannot act outside the legal framework.
3. Indian Legal Context
a. Constitutional Provisions
Article 14, Indian Constitution: Guarantees equality before the law.
Article 13: Any law inconsistent with Fundamental Rights is void.
Doctrine of Rule of Law: Borrowed from common law and embedded in Indian constitutional jurisprudence.
b. Relevant Cases
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Supreme Court emphasized that even the government must act within constitutional limits.
Indira Gandhi v. Raj Narain, AIR 1975 SC 2299
Election of the Prime Minister was challenged; Supreme Court held that constitutional and legal provisions apply equally to everyone, including the PM.
State of Rajasthan v. Union of India, AIR 1977 SC 1361
Demonstrated that executive actions must conform to law; arbitrary rule is not permitted.
4. External Law / International Perspective
United Kingdom:
Principle of “The King is subject to the law” stems from the English legal tradition.
Case: Case of Proclamations (1611) – King cannot change law by proclamation; only Parliament can legislate.
United States:
Principle embedded in the Constitution: No one, including the President, is above the law.
Case: United States v. Nixon (1974) – President must comply with judicial subpoenas.
5. Key Takeaways
Lex non a rege est violanda enshrines rule of law and equality before law.
No person, however powerful, is exempt from the law.
Essential for democratic governance and prevention of arbitrary authority.
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