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LAW AND DEMOCRACY : Prof. M.S. Venugopal

Really speaking there cannot be any distinction between knowing law and knowing democracy. Of all the political and legal systems that man has evolved and suffered. Democracy seems to be the best infact, the spirit behind a democratic system and a legal system is the same, viz. to give scope for the best among men and for the best among values.

Democracy, a political system in which we visualize the activism of rule of law avoids many of the deficiencies and discrepancies in the other political and legal systems such as, for illustration, autocracy, plutocracy, oligarchy and you name it. In these systems there is an element of commanding and so compulsion and sanction. Indirectly there is some fear or apprehension in obedience to legal rules. Moreover in all these systems the element of human instinct and therefore arbitrariness is inevitable. In these systems law becomes a technic for the exercise of power rather than for the distribution of power.

Hence the present writer believes the democracy is a fruitful ground for better exploitation of aspirations of law. It is so because, the emphasis is not only for the making or enforcing of law, but it is also for complying with law. Democracy is a system in which more responsibilities are created and more institutions are created. As most of the creative norms are possible in the free society and these take the shape of specialized and developed institutions, there is an inter relationship between the individual and the state due to the diversified and mutually linked hierarchy of institutions. Therefore there is no visibility of the bridge between the ruled and rulers. Infact, the symbol of democracy can get a definite shape because the concept that the rulers are ruled and the ruled are ruling becomes a strong force.

The agencies of legal enforcement get distributed and diversified. Judiciary becomes relatively independent. The executive is controlled by public opinion. The legislature becomes responsible and responsive; business, politics, industry and social activities intermingle and intertwine, therefore instead of men becoming stronger, institutions become stronger, stable and systematized. Therefore rule of law begins to have its influence.

In a democracy checks and balances play vital role. So the rule of fair hearing, the possibility of legal aid, the application of natural justice, the concept of equality and impartiality, the control of administrative agencies by reviewing the actions-all these have a real chance of practical application. Moreover, the ambit of rights and liberties can be broader only in a democracy.

So knowing law in a democracy becomes a methodology to protect our rights and a powerful instrument in directing the course of events and a service in aiding the empowerment of an unfortunate exploited society.

Click here for more on this topic.

Prof. M.S. Venugopal
J.S.S. Law College
Mysore.

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