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Anjuru Chandra Sekhar (Advocate )     17 June 2013

Role of law in personality development

Dictatorship manifests in all of us in bits.  It is not necessarily a personal quality of Kings and Monarchs or Jamindars.  For instance, we are more inclined to share our problems with friends than parents.  Reason?  Parents do not give reasons when they give any order to us.  Father tells you suppose, "Don't meet Mr.A henceforth".  You don't feel comfortable to put a question to him, "May I ask you why?"...because you carry the feeling, he is inexorable.  He will put his face as if to suggest, "how dare you ask this question to me?". Or you can anticipate the answer even before you put the question...he will say, "Don't ask questions.  Do as I say!".   He is a dictator.  He does not give reasons for your queries and contentions.  Whereas you friend says the same, you feel free to ask him "May I ask you why?".  He will tell you reasons.  There is no Tanashahi involved in friendship.  Even a father can be a good friend.  And he might give reasons.  There is no denial.  This is just quoted as an example to show what is dictatorship in a human being and in what form it lies.

 

Recording reasons by a judge is a requirement of rules of natural justice.  It is not strictly a legal requirement too.  It shows that the judge is accessible as a human being.  It shows that the judge is humble enough to receieve a question from the party/counsel representing party "May I know reasons why my contentions are held to be wrong?".  If he is a dictator he will say, "No. This is an order you have to follow it".  If he is not a dictator, he will humbly give explanation (reasons) as to why he differs with party's contentions and record his reasons. 

 

Hence rules of natural justice are not simply the requirement of law but a requirement of personal quality too in human beings.  Every human being should strive to adhere to rules of natural justice even in daily affairs in order that they look humble, they do not look like a dictator to others. 

 



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