Daily Post 1439
THE SPIRIT OF LAW
The discussion on law is unending from jurisprudence to its impact on society. Its role in directing social and economic change and also consolidating such changes, that have been happening on their own. The orderliness in the society has to happen with the orderliness of its institutions established by law, otherwise the former would remain unrealised. Outlawed, within the laws or on the wrong side of law has been variously used in different contexts. Laws enmeshes our life in unimaginable ways, yet we want to keep away from it as far as possible. The bold print and fine print of law need not be understood until and unless you land in a legal problem. The lawyers take care of it.
The assembly line defines the quality of the product, the capability to service it and also the capability to upgrade. The look and feel comes out of it. From the Bill to the Act through the process of the legislature, is its assembly line. It is left to your judgment to decide where the precision of the assembly line is replicated in the legislative assembly line. What every single section of the Act can mean and impact will be borne by the stakeholders and the future generations. Cumulatively is decides our future and the future of the nation. Law has a spirit and that is the driving force for the complete legal life cycle starting from the first legislation to the desired impact and also its upgrade, i.e. amendment.
Rule of law, due diligence, beyond unreasonable doubt, public interest, in word and spirit, justice should seem to have been done as well or even contempt of court are the basic principles on which theoretically the whole legal infrastructure and superstructure rests. How much of it have been ingrained to the extent that only minor aberrations would happen, that too be being a rarity. Here is the other way round. Beyond the word and spirit, which is strictly restricted to one single interpretation of the concerned section or at best the intention and purpose of that particular Act. The spirit of the law is the predominant all encompassing emotion, nature and response which decides, defines and directs the law during all its phases (legal life cycle) and in the process creates a law enabled society.
Have the concepts from the rule of law to justice should seem to have been done as well, delivered justice or even the feeling of a just order and process. Do people without resources feel left out? With every stakeholder trying to make the best out for themselves, out of the system, how will the spirit of law exist. Does the hefty fees of good lawyers enthuse the spirit of law in you? The effort is to create a free, fair and transparent legal ecosystem on the ground, as it sands in the law books. The wider the chasm between the dejure and defacto, more pathetic state of the spirit of law is! Given how much we achieved in this field, it is imperative that the enablement of the spirit of law is made to happen, failing which the downslide in all its elements, will further gather speed.
THE SPIRIT OF THE LAW IS THE SPIRIT OF THE NATION.