CJI Led SC Bench Expresses Its Worry On Rule Of Law In UP
CJI-Led Supreme Court Bench Expresses Worry on Rule of Law in Uttar Pradesh
Background:
The Rule of Law is a foundational principle in India’s constitutional democracy, ensuring that every individual and institution, including the government, is subject to and accountable under the law.
Recently, a bench led by the Chief Justice of India has expressed serious concern about the state of the rule of law in Uttar Pradesh (UP), citing frequent incidents where law and order appears to be breaking down, and fundamental rights of citizens are under threat.
Context and Issues Raised:
The bench noted reports of arbitrary arrests, custodial violence, intimidation of citizens, and excessive use of police power in UP.
The Court highlighted that law enforcement agencies must act within the bounds of the law and respect citizens' fundamental rights guaranteed by the Constitution.
The Court expressed concern over the deterioration of public confidence in the legal system and police.
It stressed that the judiciary must act as a guardian of constitutional values and intervene where the rule of law is endangered.
Key Legal Principles Involved:
Rule of Law and Fundamental Rights:
Article 14 (Right to Equality before law) mandates that the state must act fairly and justly.
Article 21 (Right to life and personal liberty) protects individuals against arbitrary state action.
The Supreme Court has consistently held that the rule of law requires that the law be supreme and all acts by authorities must be legally justified.
Judicial Review:
The judiciary exercises the power of judicial review to ensure that executive and police actions comply with the Constitution.
Courts can issue writs like Habeas Corpus, Mandamus, Prohibition, and Quo Warranto to enforce legal accountability.
Police Accountability:
Police are agents of the state but must exercise their powers responsibly and with restraint.
Illegal detention, torture, and abuse are violations of Article 21 and subject to judicial scrutiny.
Relevant Case Law:
1. DK Basu v. State of West Bengal, (1997) 1 SCC 416
The Supreme Court laid down detailed guidelines to prevent custodial torture and abuse.
It underscored the paramount importance of protecting individual rights even in police custody.
This case serves as a benchmark for police accountability.
2. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360
This landmark case dealt with the right to speedy trial and protection of undertrial prisoners.
The Court emphasized that violation of fundamental rights by state authorities undermines the rule of law.
It established that judicial intervention is necessary to uphold constitutional values.
3. Laxmikant Pandey v. Union of India, AIR 1984 SC 469
The Court held that the rule of law is the foundation of democracy.
It observed that arbitrariness and abuse of power by authorities threaten the constitutional order.
Police action must be fair, reasonable, and in accordance with law.
4. People’s Union for Civil Liberties (PUCL) v. Union of India, (1997) 3 SCC 433
The Supreme Court addressed human rights violations by state agencies.
It reinforced the principle that the state must not act in an arbitrary or oppressive manner.
The Court asserted the role of judiciary as the protector of civil liberties.
The Supreme Court’s Observations on UP:
The Court expressed deep concern over the increasing reports of police excesses and violation of citizens’ rights.
It stressed that maintaining law and order does not mean trampling fundamental freedoms.
The Court urged the state government to ensure police reforms and adherence to legal norms.
It emphasized the need for independent monitoring of law enforcement agencies.
Significance of the CJI’s Concern:
The remarks serve as a wake-up call for the UP government and law enforcement.
Highlight the importance of judicial oversight in preserving the rule of law.
Reinforce that no authority is above the law.
Uphold the constitutional ethos of justice, liberty, equality, and fraternity.
Conclusion:
The CJI-led Supreme Court bench’s expression of worry about the rule of law in Uttar Pradesh underscores the judiciary’s vital role as the custodian of constitutional rights. It calls for strict adherence to constitutional values by the executive and police and signals the need for systemic reforms to prevent misuse of power. Upholding the rule of law is essential for the preservation of democracy and protection of individual freedoms.
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