Literal Meaning
The King ought not to judge but according to the law.
Explanation
According to the maxim ‘Rex Non Debet Judicare Sed Secundum Legem’, the king cannot judge as per his whims and wishes, he has to judge according to the established law. In the democracy form of government, the king is replaced with the judiciary, and hence, the judges cannot judge a case based on their own opinion, they have to judge on the basis of law.
Illustration
A suit was filed against ‘A’ for committing the offence of ‘theft’. The judge provided him capital punishment. However, for committing the offence of ‘theft’ capital punishment is not provided in the Indian Penal Code and thus, capital punishment cannot be given as the king ought not to judge but according to the law.
Indian Law Position
The maxim ‘Rex Non Debet Judicare Sed Secundum Legem’ is a very well recognized maxim in the Indian Legal system.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje
Reference
[1] Prem Chand And Ors. vs Union Of India, 2006 (2) SLJ 1 CAT.
[2] Rajendra Kumar Sharma vs State Of Chhattisgarh & Others, Writ Petition No 2538 of 2006.
[3] S.Kasiramalingam vs The Chief Secretary, Writ Petition No.22672 of 2012.
