Rule of law vs right to liberty: What Court said

• The Supreme Court, while overturning the Gujarat government's decision to grant remission to Bilkis Bano case convicts, delves into the intersection of personal liberty and the rule of law.

The Importance of Rule of Law

• The court acknowledges personal liberty as a fundamental right under Article 21 but raises the question of whether the rule of law can override it.
• The rule of law, as defined by John Adams, is characterized as a check against executive lawlessness, ensuring no arbitrary arrest or detention without legislative sanction.

Court's Interpretation of Rule of Law

• The court interprets the rule of law as a mechanism to ensure that the state fulfills its duties, preventing abuse of legal processes due to inaction, arbitrary actions, or failures to comply with legal obligations.
• Breaching the rule of law is seen as negating equality under Article 14, making judicial scrutiny necessary for its enforcement.

Judiciary as Guardian of Rule of Law

• The court emphasises that the judiciary must be a beacon in upholding the rule of law to prevent selective application and a dangerous state of affairs in democracy.

Rule of Law vs. Arbitrariness

• The court cites Justice H R Khanna's dissenting judgement, stating that the rule of law is the antithesis of arbitrariness.
• It references a 2014 ruling, noting that justice encompasses not only the rights of convicts but also those of victims and law-abiding sections of society.

Rejecting Plea for Liberty

• The court rejects the convicts' plea for protection of liberty, asserting that the rule of law must prevail, and the orders of remission should be set aside.
• It invokes Article 142 of the Constitution, stating that it cannot be used to allow individuals to remain out of jail when orders are deemed null and void.

Restoration of Status Quo

• Complying with the principle of equal protection of law under Article 14, the court justifies the deprivation of liberty for the convicts as they were erroneously set at liberty against the law.
• The court emphasizes restoring the status quo ante, as the remission orders have been quashed, rejecting the plea for protecting the convicts' liberty.

Prelims Takeaway

• Article 142
• Article 14