No One Howsoever Big Or Small Can Be Ever Above The Law: SC
Explanation in Detail:
Meaning of the Principle:
The statement signifies that laws govern everyone equally.
No individual, including government officials, politicians, or powerful entities, can escape legal scrutiny.
It ensures accountability and prevents misuse of power.
Constitutional Basis:
The Constitution of India enshrines this principle.
Article 14 guarantees equality before the law and equal protection of the laws.
Article 21 ensures the right to life and personal liberty, which must be protected irrespective of the status of the person.
Importance in a Democracy:
Prevents authoritarianism and arbitrary governance.
Builds public trust in the legal system.
Ensures checks and balances on powers of the executive and legislature.
Landmark Case Laws Reflecting This Principle:
1. Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court held that the basic structure of the Constitution includes the principle of rule of law.
No constitutional amendment can violate the principle that all are equal before the law.
This case reinforced that even Parliament's powers are not above the law.
2. Indira Gandhi v. Raj Narain (1975)
The Supreme Court invalidated the election of the then Prime Minister Indira Gandhi due to corrupt practices.
This was a powerful affirmation that no one, including the Prime Minister, is above the law.
The case emphasized that legal accountability applies to the highest offices.
3. Supreme Court Advocates-on-Record Association v. Union of India (1993) (Second Judges Case)
The Court asserted the independence of judiciary, ensuring that even the executive is bound by judicial orders.
No individual or institution can claim immunity from law.
4. Vineet Narain v. Union of India (1998)
This case reinforced the need for accountability and transparency in government functioning.
It held that even senior bureaucrats and politicians are subject to investigation and prosecution.
5. S.P. Gupta v. Union of India (1981) (The Judges Transfer Case)
The Court stressed that the Constitution envisages a system where everyone, including judges and government officials, are bound by the Constitution and the law.
Summary:
The principle that no one is above the law is fundamental to democracy and justice.
It is backed by the Constitution and repeatedly upheld by the Supreme Court.
It ensures accountability, prevents misuse of power, and maintains public confidence in the legal system.
From the Prime Minister to the ordinary citizen, all are subject to the rule of law.
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