Ratio est legis anima, mutata legis ratione mutatur et le

Ratio est legis anima, mutata legis ratione mutatur et le

Literal Meaning

The Reason is the soul of the law; when the reason of the law changes the law also is changed.

Explanation

For the existence of any law, there is a reason behind it. Without that reason the existence of that law is not justified. Thus, when the reason, for the existence of the law changes it is necessary to change the law.

Illustration

Earlier there such thing such as ‘cyber bullying’ and hence no law existed regarding it. However, with the changing time it was necessary to incorporate ‘cyber bullying’ as an offence. Thus, it is clear that the reason behind law plays a very important role in justifying the existence of the law itself.

Case Referred

State Of Maharashtra v. Prashram Jagannath Aute:

In the above mentioned case, the maxim ‘Ratio est legis anima, mutata legis ratione mutatur et le was quoted by the honorable Bombay High Court.[1]

 Emkay Exports & Anr.  v. Madhusudan Shrikrishna:

In the above mentioned case, honorable Bombay High Court noted following: 

“We have already indicated that the law in its due course changes its form and application but existence of reasoning with the changing law is a mandatory requirement of judicial process. Ratio est legis anima, mutata legis ratione, mutatur et lex is a maxim for the proposition that law must state reasons and reasons should have a reasonable nexus to the facts of the case. It is said that reason and authority are the two brightest lights of the world and thus it follows that providing of correct reasoning for every decision is the basic feature of rule of law.”[2]

Shikshan Prasarak Mandal vs. State Of Maharashtra:

In this case also, the maxim Ratio Est Legis Anima, Mutata Legis Ratione Mutatur Et Le was considered by the court.[3].

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1]State Of Maharashtra v. Prashram Jagannath Aute, AIR 2007 Bom 167.

[2] Emkay Exports & Anr.  v. Madhusudan Shrikrishna, 2008 (4) Mh. L.J. 843.

[3] Shikshan Prasarak Mandal v. State Of Maharashtra, WRIT PETITION NO. 4835 OF 2002

Vishwa Patel
I am 2 nd Year B.A LL.B (Hons.) student at Gujarat National Law University. I like to explore and write on topics of Cyber Laws, Intellectual Property Laws and Competition Laws. Further, to enhance my knowledge of Law I like to participate in moot court competitions. You can reach me at: vishwapatel683@gmail.com