April 23, 2013

SC: In a democracy governed by the rule of law, no government or PM or ANY CM, has the right to do what it pleases

Yes... In a democracy governed by the rule of law, no government or authority has the right to do what it pleases.

Neither Prime Minister or any Chief Minister, has any right to grant any amount from any RELIEF FUNDS without following any rule of law.


The Supreme Court said, 'All functionaries of the State are expected to act in accordance with la, eschewing unreasonableness, arbitrariness or discrimination   They cannot act on whims and fancies.  in a democracy governed by the rule of law, no government or authority has the right to how what it pleases.  Where the rule of law prevails there is nothing like unfettered discretion or unaccountable action.'


Justice R.V. Ravindran and Justice A.K. Patnaik delivered this judgement in case of State of Rajasthan & Anr. Vs. Sanyam Lodha on 25th August 2011 in Civil Appeal No. 7333 of 2011.  This judgement is also reported in  2011 (9) SCALE page no. 379.


Haresh Raichura
23.4.2013