Necessitas publica est major quam privata

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Necessitas publica est major quam privata

Literal Meaning

Public necessity is greater than private necessity.

Explanation

Requirements of the public good are stronger than of the private good. Law imposes upon every subject that he or she must prefer urgent service of the country over service of his/her own. When this is applied to criminal law, then in that case, a man’s necessity to preserve his/her own life will be defeated by the state’s necessity to preserve law and order.

Illustration

‘A’ regularly parked his car on the road in such a way that it created problem for other vehicles to pass by. One day, ‘B’ sued him for creating ‘public nuisance’. The court ruled in favor of ‘B’ by applying the principle of laid down by the maxim Necessitas publica est major quam private.

Indian Law Position: 

Under Indian Law also the principles laid down by the maxim Necessitas publica est major quam private holds a considerable value & is applied by the courts whenever there is a conflict between the private necessity and public necessity.

Case Referred

BIMA Office Premises CO-Operative Society v. Kalamboi Village Panchayat and Ors.

In this case the honorable Bombay High Court considered the principle laid down in the maxim Necessitas publica est major quam privata.[1]

Dr. Arvind Kumar Ram v. State of Uttar Pradesh

While deciding this case the honorable Allahabad High Court stated the following –

“According to us in a conflict between public and private necessities, public necessity is to be declared superior to private by applying the test of Necessitas publica major est quam privata. We are definite that there are sufficient materials to meet the requirement of public necessity.”[2]

Shikshantirth Education Trust v. State Of Gujarat

In this case also the principle given by the maxim Necessitas publica est major quam private was considered by the Gujarat High Court.

Shikshantirth Education Trust v. State Of Gujarat

In this case also the principle given by the maxim Necessitas publica est major quam private was considered by the Gujarat High Court.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1]  BIMA Office Premises CO-Operative Society v. Kalamboi Village Panchayat and Ors., AIR 2001 Bom 83

[2] Dr. Arvind Kumar Ram v. State of Uttar Pradesh, 2005 (3) AWC 2440.