As we all know law is a procedure made for guidance and systematic behavior of human being for larger social benefit and construct. It is the measure of control on the behavior of people of the society. Its like a Social Engine that drives the Society to betterment on the guided tracks.
Law is Link of and to the Society, and exhibits the standards for Society follows.
If Law is codified in the prohibitions, it shows the societal denigration, so the law is made to prevent Society going in the wrong path. If Law be encouraging, it exhibits vision of the Learned Leader. However Encouraging legislations are rear.
Law therefore has basis of
pre-legislation state of the Society and the norms followed by Society
effect of the continuation of pre-legislation societal norm on Society
why the Leader feels that the pre-legislation societal norm are not in the benefit of the Society
new legislative norm
explanation of leader in the parliament as to how the new norms of legislation will achieve an upgraded societal status
how the individuals in the society will be benefited with the new norms. Thus Ground Rules are set by the Legislature.
Unfortunately this process now lacks in res & qua -current of any legislations. It's a drive-by today.
Coming to Enforcement- Scientific comparison
Lets take an example of a flotation device, a Boat. The human being whoever first discovered buoyancy, and made a Boat. With time, the size & design changed to make it more efficient and purposeful for transport.
Now it is the purpose of the boat to keep people/things above water, and transport. Same applies to Aeroplanes. Lets say Boat is Vehicle of/for the Purpose [New Norm for Societal upgrade].
Next comes, who will handle the boat? We require someone who has good experience and ability to [a] lay people & things AND [b] maneuvering the device. This applies to any complicated device.
Then there are rules of Nature and science, as to how much and where the things can be placed on the boat. A boat cannot carry more than its buoyancy. Nor can things be staked only in 1 part of the boat, and change center of gravity, as it will cause imbalance and capsize the boat.
This interspacing proximity between people/things � is the law between of the people [inter societal law]. Here we require intelligent and expert person for laying things equidistant as demanded by the device. He will be responsible to enforcing the interspacing. Obviously only a person would qualify � who [a] knows the device very well, [b] knows the purpose of the interspacing of the people and things and [c] how the device can achieve its purpose.
Here comes the problem
11. What happens if the executors of law, don't understand the old and revised societal norm, the range of the norm, the purpose, and text of the law? [I am leaving out absurd Law. Such as - throw the person out of boat or - imbalance the boat and capsize it.]
12. What if the executor goes beyond the range of the norms set by law?
13. The executors of law, say police/officer, should have hands-on expertise on the old and revised societal norm, nuances, purpose, process, and implementing the law. So if the officer is not intelligent enough to understand the nuances, purpose, and procedure of the range of the law, what is the fate? Would you allow a doctor to fly an aeroplane? Would you allow a pilot to carry out your surgery?
Should Laws be made according to the IQ of the enforcers / Should law take into
consideration the IQ and capacity of the enforcers
As we all know whatever be the purpose of the law, the enforcers believe in their own understanding of the law. This is executors interpretation, which is recognized as 'deferred interpretation'. Why it is allowed in case of conflict with text of law, is beyond comprehension.
Needless to say that we all experience situations where the executors interpretation are bent to such extent, or, over a time-span, due to enforcers custom/s, and enforcers use, the bent interpretation is taken as foundation, and is then further bent upon. And when tested with original words, it reaches a point exactly at 180o. So we have duality, if not conflict, as we have to follow both. At times the social norm which was supposed to be corrected by the legislature crops up again.
I need not even mention that whenever we plead for our clients, with any officer who enforces the law, these officers have had stated to us - "don't teach me law. I know the law.". This is exactly what the Queen says in Alice in Wonderland "words mean what I say they mean". It is simple "my way or - highway". These officers are rangeless as if they can command and enforce any law even beyond their jurisdiction or whether it exists or not. Therefore the text in the law at times becomes meaningless, or the language is useless. Thus the entire education we may have undergo for relative time is utter waste.
The executor will tinker with the Law to coincide with their understanding and suit their logistics.
Executor will over simplify the text, to overcompensate either for his lack of knowledge, or for exerting malice or his convenience.
So, what the range and text of social norm in the law is irrelevant, and the enforcers who are fanged by the legislature with brute force, enforce their interpretation of law, the way and time they like with not limits within or outside law.
Therefore Law is not the text, but the Force, whatever manner it is exercised by the executors. Any such force can be controlled by fueling or unfueling it you all know what I meant.
It is important here to understand that enforcers of law is the place where the rubber[law] hits the road[citizen]. Judiciary comes into play only at secondary level, ex post facto, when there is dispute of executors interpretation or application by the executors.
As stated by the Bench headed by J. Arun Mishra in Indore Development Authority Judgment [3 Judge reference], poor people, don't and shouldn't know where the court is. They don't know what is dispute.
Needless to say Judicial intervention would come into play 99% times only with non-poor people.
General people who are not educated, or know anything of law, would assume that what the officer executing the law say, is the correct interpretation and social norm.
Though we have hierarchy of superior officers, I doubt anyone of us has ever experienced or seen such superior officer exercising guidance supervision to/on their juniors and correcting mistakes. This I say as, I haven't seen any Audit of performance published ever in the Public Domain and any Corrective Action Taken Report [except for CAG � as it is related to revenue].
Thus the question Is law supposed to be made which can be handled by the enforcers�.? Is Boat required to be made according the ability of its handler? If Yes, why call it a Boat?
At times one may come across a thought, - whether there is 'Rule of Law' or 'Ruled by Enforcers'? This is interchangeable to Monarchy. For obvious reasons Law means what the enforcer think it is.
Hence the question : Is the law required to be made by legislature at all? As, even if legislature makes the law, it is the enforcers who would actually interpret or enforce it in their way, which is a reality. Why not just issue notification that xyz are executors? Why waste time and money on legislating? Why do we require Legislators?
Thus are we Ruled by Enforcers-of-Law?
To twist Abrahim Lincon "fool all people at all times"
Award Winning Article Is Written By: Adv.Sandeep Namdev Kapatkar, Pune