DailyPost 2876
THE LAND OF THE LAW…
While we refer to law, we call it the law of the land. It is also often repeated that law will take its own course. This presupposes law as a tool for delivery of justice, created with utmost objectivity and administered with only that objectivity in mind. Law does not talk of handicaps it faces in implementation inherent governance and social issues, which turn out to be chronic impediments. More often than not, all this ignored to try and give a puritan statute book, or at least it should feel that way. The vitiated method of its creation is another story.
The billion dollar question whether it is the law of the land or has it turned out to be the land of the law. The land of the law means the politics in a prevalent geography is primordial both for the creation of the law and also for its administration. Politics in this understanding subsumes governance as well. It means that the law to which the land belongs is all critical. If there would have been the same law for the whole world, it would still have had a different look, feel and experience in different countries. It could also happen that in one country too, it can be different in regions, if they are really so divergent.
The fate of the constitution in different countries of the Indian subcontinent should be sufficient enough to prove this hypothesis. The genesis itself is non-professional. Does the law generally gets created out of an urgent requirement of it or because of the agenda of the political party in power.Once what is to be enacted or amended is decided, how much of it goes through a well defined rigorous and objective process to create a blueprint is debatable. It is also not known as to how much domain knowledge and professional practitioner expertise has gone into it. Can law be made a tool to orchestrate a hidden or a confused design?
The law makers are the ones who have no idea of law. Additionally, a large chunk have been caught being on the wrong side of law in a variety of cases. How many leading legal eagles outside of government and the legislature add to the robustness of law making remains unknown. The way a bill is processed through the legislative assembly line, the less said the better. Only numbers do the bidding. Once passed in whatever shape and form, the lack of enforcement mechanism or the pre-mediated vitiated enforcement can throw even the best of the laws out of gear. Here the statutes are already patchy. Some laws are lucky to go through judicial scrutiny in parts or in full. If even the Supreme Courts decides against it or issues very worthy judicial directions, it is negated by an ordinance or a law to turn it down. This is when the highest court is most competent to interpret the constitutional validity of the laws.
THE POLITICAL LAND DEFINES THE LAW BOTH IN ITS CREATION AND OPERATIONS.
Sanjay Sahay
Have a nice evening.