Is Law Equal to Justice?
Is the Executive & Legislature Above the Judiciary?
By Dr. Sunil S. Rana
MD, The Lexà – A Law Firm
Introduction:
Since ancient times, human civilisation has grappled with two eternal questions:
“Is law the same as justice?” and
“Can the Executive or Legislature ever stand above the Judiciary?”
These questions gain even more significance today, when public debates on democracy, constitutional morality, and judicial independence are louder than ever. As a legal professional, I believe these issues deserve clarity, honesty, and intellectual courage-qualities that the legal fraternity and citizens must uphold.
1. Is Law Equal to Justice?
1.1 Law and Justice-Not Twins, But Relatives
Law is a set of rules.
Justice is a moral ideal.
Law is written in statutes.
Justice lives in human conscience.
A law can be valid, yet deeply unjust.
History proves this painfully:
• Racial segregation laws in the USA
• Apartheid laws in South Africa
• The colonial laws imposed on India
• The Emergency-era restrictions in 1975
• Even today, outdated or poorly drafted statutes exist
These laws were “legal,” but were they “just”?
Absolutely not.
1.2 Justice Is the Soul; Law Is the Body
Law provides structure.
Justice provides purpose.
Justice is higher because it determines whether a law is morally or constitutionally sound.
India’s Supreme Court has said repeatedly:
“When law fails to deliver justice, the judiciary must interpret law in a manner that upholds fairness, equality, and constitutional values.”
This is why doctrines like “reading down,” “basic structure,” and “constitutional morality” exist-to ensure justice prevails over the literal text of the law.
1.3 Courts Do Not Serve Law; They Serve Justice
Judges take an oath not merely to apply the law, but to uphold the Constitution, which represents justice at its highest moral pedestal.
Hence, law and justice are not equal.
Justice is the destination. Law is only one of the vehicles.
2. Is the Executive & Legislature Above the Judiciary?
2.1 The Constitution Gives All Three Wings Their Roles
India follows the principle of separation of powers:
• Legislature → Makes laws
• Executive → Implements laws
• Judiciary → Interprets laws & protects rights
They are co-equal pillars-not subordinates to each other.
2.2 Judiciary: The Final Guardian of the Constitution
The Judiciary is not “above” the other two, but it holds a unique responsibility:
To restrain unconstitutional actions by the Executive or Legislature.
This is why judicial review exists.
And this is what the Supreme Court reaffirmed in the Kesavananda Bharati judgment (1973):
“Parliament is not supreme. The Constitution is supreme.”
And the Judiciary is the protector of that Constitution.
2.3 Can the Executive Override Judicial Power?
No.
Governments may:
• make policies,
• pass ordinances,
• draft laws,
… but all of these are subject to judicial scrutiny.
If they violate:
• Fundamental Rights,
• Basic Structure,
• Constitutional limits,
the Judiciary can strike them down.
This is not “superiority”-this is constitutional design.
2.4 Can the Legislature Claim Supremacy?
No.
While Parliament represents the people’s will, it cannot pass:
• arbitrary laws
• retrospective penal laws
• anti-rights statutes
• laws destroying constitutional structure
If it does, the courts can invalidate them.
The Legislature cannot:
• remove judicial independence
• interfere with pending cases
• overturn judicial orders through executive power
The only constitutional check is:
• amending laws prospectively,
• subject to the Basic Structure test.
Thus, the Legislature is powerful, but not supreme.
2.5 Who Then Is Supreme in India?
The Constitution.
All three organs derive their legitimacy from it.
None can claim supremacy over it.
3. Why Judicial Independence Is Non-Negotiable
Without an independent judiciary:
• rights become meaningless,
• democracy becomes ornamental,
• governments become authoritarian.
The Judiciary ensures that:
• minorities are protected,
• the powerless get voice,
• the Executive cannot abuse power,
• the Legislature cannot destroy liberties.
Thus, judicial independence is not a privilege-
it is the backbone of a free society.
4. Conclusion: Justice Is Above Law, and Constitution Is Above All
To summarise:
Law is not equal to justice.
Justice is higher, deeper, and morally superior.
The Judiciary is not above the other organs-
but it acts as the ultimate guardian when the Executive or Legislature crosses constitutional boundaries.
The Constitution alone is supreme.
Each organ-Executive, Legislature, Judiciary-must act within its limits.
A democracy survives not by power, but by balance.
And that balance is maintained only when justice-not politics, not majoritarianism, not authority-remains the guiding light.
By
Dr. Sunil S. Rana
MD, The Lexà – A Law Firm
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