Rex quod injustum est facere non potest

Rex quod injustum est facere non potest

Literal Meaning

The King cannot do what is unjust.

Explanation

The principle laid down in the maxim ‘Rex Quod Injustum Est Facere Non Potest’ provides that the King cannot do what is unjust. It doesn’t matter that the king is supreme; he does not possess any rights to do anything which is unjust.

Illustration

‘A’ is a king of the ‘memesland’ while, during his rule he attempted to commit a murder. He cannot be acquitted for committing the offence of murder as the king cannot do what is unjust. 

Indian Law Position:

The Indian Law clearly provides that everyone is equal in the eyes of law and thus everyone has to abide to the laws of India.

Article 14 of the Indian Constitution states the following –

 “Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”

Case Referred

Srinivasa Theater & Ors. v. Government of Tamil Nadu & Ors. 

In the above-mentioned case honorable Supreme Court of India discussed about Article 14 of the Indian Constitution. [1]

State of West Bengal v. Anwar Ali Sakarhabib Mohamed

In the above-mentioned case also honorable Supreme Court of India considered Article 14 of the Indian Constitution.[2]

Srimathi Champakam Dorairajan & Ors. v. State of Madras 

In this above-mentioned case honorable Madras High Court referred the Article 14 of the Constitution of India.[3]

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

Reference

[1] Srinivasa Theater & Ors. v. Government of Tamil Nadu & Ors., 1992 AIR 999.

[2] State of West Bengal v. Anwar Ali Sakarhabib Mohamed, 1952 AIR 75.

[3] Srimathi Champakam Dorairajan & Ors. v. State of Madras, AIR 1951 Mad 120.  

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