Legal Maxim

Home » Lex Non A Rege Est Violanda – Legal Maxim


Literal Meaning

The Law must not be violated even by the King.

Origin

Latin

Explanation

The maxim lex non a rege est violanda says that every individual should have equal rights and that every presumption on the part of every party should be taken into consideration, regardless of the individual is sovereign, or a respectable party, or even by a person of power or political history. Every human being should comply with all the laws and regulations made thereunder any non-compliances may lead to action will be taken by jurisdiction. Violations of any rights, whether of the citizen or by the citizen, or the State, or by the State, may be judicially resisted and the rights may be enforced.

Case Laws

In Sri B R Shivaramaiah vs. The Registrar General, the Karnataka High Court while referring to the above maxim, held that the “Reviewing Authority is also duty-bound to review the same in its entirety. If these statutory and constitutional obligations are not discharged, and if the said non-compliance act results in dismissal of a person from service, it is certainly to be said as arbitrary, unconstitutional and violative of Articles 14 and 311 of the Constitution of India.”

In Om Prakash Sood And Anr. Vs. the State of Himachal Pradesh And Anr., the Himachal Pradesh High Court held that “The statutory right to elect candidates for municipal constituency could not, either directly or indirectly, be denied or abridged, but the non-compliance with the statutory provisions have in this case, violated the exercise of their right; and till the constituency is called to elect its representative, the franchise stands abridged. The voter in this constituency has been shut off from the ballot box, which is obnoxious to the statutory guarantee of the right to vote. Any contravention of the law by or in the name of the State can be resisted in the judicial forum.”