Politics is the art of possibility and the refuse of the scoundrel. The election in the democratic process are dependence upon the electoral representation and the representative so elected has been assigned with the responsibility by promulgation of the legislation within the parameter of parliamentarian socio-economic policy decision making process within the ambit of the constitution. Recently in the people’s union for civil liberty versus union of India (2013) 10 SCC(1), it has been held that the basic requirement of healthy democracy have to be sustained by having a positive “ Right not to vote” to be recognized by the election commission. A society is well governed when the people who are in the helm of affairs to make the statutory provision may obey the command of the “Law” .The law defined in multi dimension as if the statutory advisory shall not act with preconceived notion and shall not speak his Master’s voice, because of formation of individual opinion with the ulterior motive, itself not be considered to have been done within the framework and ambit of the legal provision made by rule of law in the society. The question arises whether the rule of law is something different than making of the “Law”? In the present context we have to analyze as to whether “Law” made up by the common man may have the legislative competence and if this power has to exercised within the four corners of our constitution, can rule of law may survive?.
Posted on: Wed, 15 Jan 2014 17:54:42 +0000