UPHOLDING THE SANCTITY

It is an acknowledged fact that equality before the law in a true democracy is a matter of right and it cannot be a matter of charity, favour, grace or discretion. This basic ideology and its allied principles quite aptly apply to the world’s largest democracy India. Thus it implies that every person is subject to the law, including people who are lawmakers, law enforcement officials, and judges. Most simply put, it means
that laws apply equally to everyone in a democracy, even the most powerful government officials and elected leaders.
It also means that laws are created through a predetermined, open, and transparent process, not by the whim of
the most powerful members of society. In a sense, it stands
in contrast to a monarchy or oligarchy where the rulers are
held above the law. However, it needs to be acknowledged
that despite this, discrepancies can be found in administration of law and justice in both democracies as well as
monarchies. Moreover, because of neglect or ignorance of
law, there is every probability of land justice system becoming more apt to decay especially if the government has
insufficient corrective mechanisms for restoring it. In order to
avoid such an unpleasant situation it is inevitable for those
administering law be it the Executive, Legislature or the
Judiciary to ensure that it never becomes an out of control
tool in the hands of those implementing law. They need to
realize and understand that intellectual honesty expects
them especially the lawyers to project facts and law, as one
understands it. It is a fact that for the lawyers who play a significant role in ensuring sanctity of law. The grooming of the
lawyers or those holding law degrees and manning implementation of Law in Judiciary and Executive begins at law
schools. Therefore there is a need to develop analytical
skills the most important being the skill to understand precedents. In a broader perspective all the institutions in the
society have a significant role to play to uphold the ‘Sanctity
of Law’. Therefore, an apolitical, uncorrupted police force
too is an important component. What is more important is an
impartial judiciary, in which everyone has access to the system where it is necessary to adjudicate disputes. In many
societies with history of conflict and authoritarianism, it has
been observed that these institutions are either ineffectual
or complicit in the conflict. Therefore an important objective
of the law to sacredly rule the roost is conflict resolution.
Moreover, the connection between truth and the implementation of law in letter and spirit needs to be strengthened
through the development of civic trust. In some situations,
there may be circumstances that call for trading some
degree of truth for the sake of law such as granting
amnesties to forego prosecution failing which nervous perpetrators that retain significant power may find it more beneficial to disrupt the peace process to protect their interests.
Therefore all the stakeholders need to contribute their bit
towards upholding the sanctity of law because it checks
abuse of power by authorities; it empowers individuals with
rights which cannot be easily taken-away; it treats everyone
equally without discrimination; its supremacy ensures that
no person can claim to be above law; it ensures adherence
of principles of natural justice and it leads to fairness, both
substantive and procedural thus ultimately upholding the
sanctity of Law.