legal maxim

The maxim “Salus populi suprema lex esto” means that the health of the people is the supreme law. Here, the term “health” basically means the overall prosperity of the people. This maxim aims at providing complete justice to the people and without any bias whatsoever. It states that the concerning to the needs of public welfare is of supreme importance. It conveys the message that law exists to serve the people and help them live in harmony with each other. Section 123 of the Indian Evidence Act is based on this maxim. According to this, no person can be allowed to give evidence relating to unpublished public record. This maxim can also be referred in reading Section 40(1) of the Land Acquisition Act, 1894. According to this section, government can acquire those properties only which will prove useful to the public thus keeping public importance at the top priority.

Hira Tikkoo v. Union Territory, Chandigarh & Ors.

In this case, certain land plots were allotted to different people for setting up of industries. Many people could not get the possession of their allotted land because those areas had been declared as reserved forest. Even though the allottees had no possession of their allotted lands they were bound to pay the instalments fixed for payment to the Administration of the Union Territory of Chandigarh. The Chandigarh High Court held that the maxim of Salus populi suprema lex esto applied and that when faced with the question of person and public, one must choose the greater good and serve the community.

Indian Handicrafts Emporium v. Union of India

In this case, the petitioner Indian Handicrafts Emporium had challenged the constitutional validity of the 44th Amendment of the Constitution according to which there was a ban on the trade of ivory. It was reasoned that ivory was detrimental to the ecology and thus was prohibited by the Wildlife (Protection) Act, 1991. It also indirectly would help in saving the gradually declining population of Indian elephants. The appellant’s appeal was dismissed and the Supreme Court referred to the maxim of Salus populi suprema lex esto and said that in order to protect the ecosystem such steps have to be taken and a few restrictions on the rights of people can be put forward, keeping in mind that the greater good is served.