Liberal Position Paper - 5
The Rule of Law
C. Rajagopalachari
It is lost sight of that the rule of law is the best guarantee of progress and prosperity. It should never be disregarded for electoral advantages that a particular ruling party may gain, which is a fleeting thing compared to the essential and permanent order that is wanted for society. Law is not whatever is enacted by a majority but something that rests on permanent principles and is inherent in the conscience of a community. It is the rule of law, as thus rightly understood, that supports and holds together a community, not the Austinian concept of law. The Sanskrit word dharma denotes it best , the root of dharma being 'to sustain'. The authoritarian notion that the will of the majority in parliament is law is at the bottom of all those pieces of legislation that are hastily and quickly enacted whenever any one of the High Courts or the Supreme Court gives a decision against the Government. It is a debasement of the rule of law as jurists and publicists understood it. There is a Law of laws which must be respected if democracy is to be consistent with civilization.
[From Swarajya, February 1960]