Laws are the aggregate of rules representing is the collective wisdom of community

Law, order, discipline and its enforcement in society

Laws are the aggregate of rules representing is the collective wisdom of community and therefore applied universally according to the circumstances and conditions and requirement of the nation universally for the common human benefit of people's welfare and therefore made applicable for the strict enforcement of justice with the changing requirement and sanctity of the rule of law.  Doubt perishes the man while apathy to  a  particular situation ruin the civilisation.

Law in order to satisfy the needs of fast changing society has to be evolved in order to meet out the challenges instead of remaining static.  Thus the judicial thinking to be constructed by reference which would adequately deal with the new problems and therefore we no longer need the crutches of foreign legal system.  It has to be secured through the process of law.  The collective interest of the community so that parties do not lose faith in the institution and thereby indulge in private retribution is the prime objective of the legal order.  The procedural safeguards should commensurate with the sweep of  power. The wider the power, the greater the need for restraint in its exercise and correspondingly, more liberal the construction of procedural safeguards envisaged by the statute .

An independent and honest judiciary is sine qua non for rule of law.  It is imperative to protect the honest officers from motivated misconceived  complaints made by unscrupulous litigants  while on the other hand infallibility is an unreliable ideals, correctness is often a matter of opinion.  Thus ability to anticipate the fallibility is the gift of a prophecy consideration of finality are  subject to the paramount of justice but the remedial action must be appropriate upon which the administration of justice may rest.  Thus the law can not afford any favourite other than truth.  Life of law is not logic; it has been experienced however logic may not be ignored  when experience is silent.

There has been erosion of faith in the dignity of the court and in the majesty of the law.  The procedural wrangle is eroding the faith in our judicial system and one must introvert turn the search light over the process of deterioration inwardly.  Therefore, the law must be definite and such as basic  postulate is the requirements of the consistency in judicial decision making process and at the same time, there is the need for foreign flexibility. No straight jacket formula can be laid down for judicial functioning.  The concept of public accountability of the judicial system and the professional competency with ability to promote the justice is perhaps overdue and the courts are ill equipped to speculate and seldom at contrary to democratic principles.  Values in public life have undergone serious erosion during last few decades what was unheard is a common talk of the day.  The new value orientation has undergone in our culture and we are at the threshold of the cross roads of these values.  This is a difficult situation.

One makes Law legal only by giving its operation . The consent of one's conscience.  A moral obligation to disobey is not less compelling merely because an individual is powerless and that his disobedience may  lead to punishment through powerful despotic monarch.  It is always electoral of pre-medication to adopt justice as synonymous to law, which may be the command of the stranger, but the humanity and conscience will always be prone to launch a protest through expression against such command of law who has no sanctity of justice behind it.  The problem of obedience of unjust law is the root cause for a right to right to rebellion and delicate balance is being observed in the history of civilisation.  The position of soldier under section 41 of the Army Act, 1950 as making disobedience to unjust immoral offence is in practice difficult to tackle as being liable to be shot at by a court martial and if he disobeys  to be hanged by a judge.  There is a concurrent conflicting demands of choosing either of the two.  The discipline and of supremacy of law.  It is difficult to examine and being aware of a illegality of the order and therefore law contrives an objective test. The  Nuremberg trial has further declared that Nazis law and order of dictator must confirm to minimum morality.  If it does not stand this test, the disobedience to unjust command will not often the discipline and rule of law will prevail.

Resistance to oppression is the consequence of other rights.  When the government violates the rights of the people, insurrection  for the people and for each portion of the people, the most sacred of all rights and the most indispensable of all duties. Abraham Lincon’s famous slogan “Government for the people ,by the people and of the people means that the people can exercise their constitutional rights and revolutionary rights to dismember and overthrow the government.  Thus rebellion to tyrants is obedience to God.  Whenever any government becomes destructive of certain  inalienable rights of life, liberty and pursuit of happiness, the people have the right to alter or abolish it.  The abuses and usurpation design to reduce the existence of the individual and to act like absolute despotism, it is the right and the duty to throw of such government and provide security to the citizens.

The rebellion against government is further justified when the majority of the people are oppressed by a despotic minority and then it becomes a moral duty of men who love liberty not to permit any moral rights to rebel against the majority.  Practice of non-violent methods of rebellion as a means to end tyranny  has been justified by  our founder father but tyranny which makes reforms impossible is difficult to be tackled down and in that situation only the public opinion can safeguard the interest of the society. The obligation to obey the law is always linked with the question of justification for the natural outburst with  the right  to revolution.  The ultimate raison de etre for you social discipline is reconcile apparently with conflicting claim of liberty and law.  The justification to obey the law through civil disobedience involves conscious disapproval of government's action.  The other factor of disobedience is through  non-enforcement of the sovereign power of imposition of tax law and when ever the protest has the justification for not agreeable as unable to conscience to obey  it.  The peace and tranquillity of the realm is always supreme as such violent emotion is unwarranted by moral law .Socrates, who  searched into things under the earth and in heaven and therefore the youth refused to hold his tongue and prepared that as he realised that law applies with equal force to all to maintain ordered  society and in order to resist against.  Unjust law are must not to being afraid of being incurred in punishment for disobedience, if his conscience permit him to do so.

Recent events have revealed the damage of letting ashore on body politics  to fester for  to long, the solution must be consistent with the unity of the country and national interest and not on as can result in claim of reaction detrimental to those interest. Despite the enduring the assurance by every political party in the parliamentary democracy for country’s stability progress and radical reform, there is a complete social disruption. Sometime there is ideological compatibility due to personality cult and dynasty rule over primitive society but when there starts inherent contradictions and ego concentric personality clashes, the country stability ,progress and radical reform comes to ignominiously halt. Socialism is to social justice , what ritual is to religion and Dogma is to the truth.  Our present politicians has imposed so called mindless sociological arrangement on the nation under the garb of  socialism which has held in thrall the people endeavour and enterprise resulting in the transfer of wealth from the honest  to dishonest opportunist, merit to the  demerit; quality with the quantity and justice with injustice in the guise of giving social protection.  This is the reason that 231 public-sector enterprises run by Union government and 636 by the state  government of extracting the material resources from public exchequer realising exorbitant price from India's doctrines socialism.  If the politicians are actually concerned and they should have provided the financial security to the backward classes as to enable them to survive by distribution of resources with a logical distributive justice.  There is only quantitative growth without  quantitative developments.  The  influential politicians who preferred to let socialism remain  the opiate the  people and  of whom it can be truly said that if the ignorance is the bliss they should be happiest men alive.  Gandhi ji said “Economics that hurts the moral well-being of individuals or nation is immoral and therefore, sinful .True economics never militate against highest ethical standards, just as all true ethics to be worth of  its name just at the same be also good economics.  An economics that inculcates worship and enables the strong, to mass wealth  of the expenses of the weak is a false and dismal science.  It spell death true  economics on the other hand stands for social justice, it promotes the good of all equally including the weakest and is indispensable for decent life.  Gandhi ji told “I do not believe that multiplication of wants and machinery and contrives to supply them is taking the world  single  step nearer its goal ……a wholeheartedly  detests with. This met desire to destroy the distance and time, to increase animal appetites and go to the ends of the earth in the search of their satisfaction.  If modern civilisation stands for all this and I have understood to do so I call it Satanic” .

“A civilisation, in real sense of the term consists  not in the multiplication but in deliberate and voluntary reduction of wants. “Industrialisation on a mast scale would necessarily lead to passive or active exploitation of  the villagers as a problem of corruption and marketing come in.  Nothing should be allowed to be produced by the cities which can equally well be produced by villagers.  The proper function of the cities is to serve as clearing houses for village products. Here are more hands than required for the work and therefore the problem is how to utilise the idle hours, they will render unemployed.  The concentration of production and distribution in few hands  privilege  oriented monopoly.   The industrialisation must not deprive people from environment, must but must in village artisan to reduce his drudgery and improve his efficiency”.

This  is the  answer to  the concentration industrialisation in the cities having no air to breathe at Delhi 460 S.P.M level ,Calcutta 460 S.P.M level 350 S.P.M level each. Justice  H.R. Khanna, when appointed as commission of inquiry in the year 1967 in respect of the matter relating to the charge of corruption  against  the minister’s of Orrisa including three Chief ministers, one of whom was Biju Patnaik while dealing with 70 charges of corruption levelled against them, was faced a situation dealing with the arguments advanced on behalf of two ex chief ministers, that there was no prescribed code of conduct for the ministers to held them guilty of impropriety, that ministers cannot use their officer or allow them to be used for furthering the business interest of his family members to have commercial dealing with the State as they themselves never passed orders in respect of such transactions.  Justice Khanna observed that a person on being a minister becomes  the custodian of the public interest.  Thus he should  so formulate his politics and his activities that there is no possibility of the clash between his personal interest and the public interest.  The role of minister has got to be that of pioneer  rather than a pirate, of the public to sentinel  rather than  of self  seeks of one dedicated to the public cause and not one obsessed with the desire of personal gain -- --  what is needed is a climate of strong public opinion where in none  may dare to deviate from the path of rectitude .  Law can  punish only occasional lapses quoting a classic passage of judge hand. “ I often wonder whether  we do not rest  our hopes too much upon our constitution, upon laws and upon courts.  These are false hopes liberty lies in the hearts of men and women.  When it dies there no constitution, no law, no court can do much is to help it while it lies that it needs no constitution, no law ,no court ", to save it.  The question  is whether the laws  speaking through the authority of the courts to deal with such threat to the security of the state, shall be absolutely silenced and reduced mute spectator because of such threat.  The answer has to be given to the public.  A raise weary of its own blood shed and diversities should cultivate public opinion which may offer the only chance for the survival of the species.  The best guarantee for such situation is good sense of those in power, the vigilance of the people and the pressure of the public opinion.

This is an  alarming situation which spell out the gravity and further invite peoples co-ordination to formulate public opinion to fight through the policy of non- co-operation which has provided the independence from the British rule by our leader Mahatma Gandhi .

“Every day that comes and goes,

every mile the river flows,

says to me and say  to you,

much there is to learn and do,

for the water and the day,

noise more will pass this way”.

Mankind has a habit of surviving worst catastrophes  created by its own error or by violent  turn of the nature and it must be so if there is any meaning in its existence, if its history and continuous survival is not the accident of a fortuitously  self organising chance which  it must be a purely materialistic view of the nature of the world.  If man intended to survive and carry forward the evolution of which he is at present the head  and to some extent of half conscience leader of its  march , he must come out of this present chaotic  life and arrive at the organised efforts.  The ideal situation would be fulfilled by the accomplishment and preservation of the people from its own extinction by the folly committed by his own species.