Making A Complete Brazen Mockery Of Rule Of Law
Making a Complete Brazen Mockery of Rule of Law
1. Definition and Context:
The phrase refers to situations where the legal system, laws, or judicial processes are deliberately ignored, flouted, or undermined by individuals, authorities, or institutions. It occurs when:
Powerful individuals act above the law.
Legal procedures are openly disrespected or bypassed.
Authorities fail to enforce law even when violations are evident.
Essentially, it is a situation where the principle that “no one is above the law” is completely disregarded.
2. Components of the Brazen Mockery of Rule of Law:
Disregard for Legal Procedures: For example, arresting someone without following due process.
Selective Enforcement: Laws applied arbitrarily against some, while others escape accountability.
Corruption or Collusion: Officials or authorities facilitating illegal acts.
Delay or Denial of Justice: Intentionally postponing judicial processes to protect wrongdoers.
3. Judicial Perspective:
The Indian judiciary has repeatedly emphasized that rule of law is the cornerstone of democracy and that no one can be above it. Any action or inaction that makes laws ineffective constitutes a mockery of the legal system.
4. Relevant Case Law:
Case: State of Haryana v. Bhajan Lal (1992) – Supreme Court of India
Facts: In this case, the Supreme Court laid down guidelines for the issuance of criminal proceedings to prevent abuse of power by authorities. It addressed instances where law enforcement misuses powers to harass individuals.
Observation: The Court observed that arbitrary or malicious use of legal powers to target individuals is a brazen violation of the rule of law.
Outcome: The Court clarified that investigations or prosecutions must be conducted based on law, evidence, and procedure—not to achieve personal or political ends.
Relevance:
When authorities act without legal justification, or when law is applied selectively, it makes a mockery of justice.
Ensuring procedural fairness and accountability preserves the rule of law.
5. Examples in Everyday Context:
Police arresting individuals without evidence or bypassing legal procedures.
Government officials granting illegal favors to influential people, ignoring law.
Courts issuing judgments that blatantly disregard established law (though rare, such instances attract higher judicial review).
6. Key Takeaways:
Rule of law ensures equality, fairness, and accountability.
A “brazen mockery” occurs when authorities or individuals ignore or misuse the law.
Judicial oversight, transparency, and enforcement of procedural safeguards prevent such situations.
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