Common Law

The accountability of a person towards the Society or towards another individual has a close relation with the concept of justice. The justice, in the ordinary sense, is a process whereby a person is held accountable for his actions and inactions. And if we say that there is no justice in our country, it follows that persons are not held accountable for their wrongful, unauthorized and illegal actions, implying governance by whims and fancies of powerful individuals, be in politics or otherwise. In this backdrop, the availability of certain information may be instrumental in enforcing accountability of persons, more particularly of the govts and its administration. The Right to Information Act, 2005 provides a statutory framework for obtaining certain information, more particularly, about the functioning of the administration of our Country. In the history of laws, it is perhaps the only law which has elevated the status of a common man to the status of an M.P. and ...

Introduction of law is a basic incident of a democracy. The system of Laws came so that the stronger might not have their way at their choices, but according to law. In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. Section 3(29) of General Clauses Act, 1897 defines Law as any Act, ordinance, regulation, rule, order, bye-law or other instrument which has the force of law. The first attribute of Law is “Rule of law”, which means “Ruled by Law” and not by individual whims and fancies. This is also in fact and precisely one of the mandates of Article 14 of our Constitution, which among other things, guarantees equal protection of laws to all persons. The attributes of law: A law or rule is a common sense which is binding on you to obey. A law is a social necessity prevailing over your own interest. Every law, as far as possible, must have a certain deg...