Rule of law fundamental to advancement of democracy: SC judge Maheshwari

The rule of law plays a fundamental role in advancing democracy and curbing abuse of power by any branch of government, Justice Dinesh Maheshwari of the Supreme Court said here on Saturday.

He was speaking on "Democracy and Judicial Legal System at an event here.

Both (democracy and legal system) are extremely significant and complementary to each other. The respect for the rule of law and a well-developed justice system are the underpinnings of a democratic society and of course a modern economy also," he said. Democracy is not only a form of government but a system and process which organizes societal lives of individuals, he added. If considered not solely as the instrument of government, but as a rule to which the entire society , including the government is bound, (then) the rule of law is fundamental in advancing democracy, Justice Maheshwari said. The rule of law resolves conflicts, fosters social interest, advances predictability, equitable treatment and respect for basic human rights, he said. "It helps curb the arbitrary exercise and abuse of power by any branch of the government, Justice Maheshwari added.

 

He also highlighted the importance of technology in the judicial system.

Thanks to the facility of virtual proceedings, litigants in rural areas and those from poorer socio-economic backgrounds are also able to attend hearings remotely, he noted. Livestreaming of court proceedings was a step towards fostering "more collective and involved discourse around judicial decision-making and making Justice more accessible, Justice Maheshwari said.