SALUS POPULI SUPREMA LEX ESTO

 INTRODUCTION:
This well-known principle is derived from Latin, which is known as mother or derivative point of all basic
principles of law. This maxim means that welfare of people of the land must be supreme law of the land. This
maxim shifts powers to the legislature to legislate any law that is required for the welfare of the people, whether
it is liked by whom for this law is made or not but the main crux is the welfare of public of land vice versa if the
law is made contrary to this maxim it will be bad law or will be called as un justified legislation and will
automatically have less enforcing powers.

 Historical Background of Maxim:

Marcus Tullius Cicero ( − BC) (Roman Poet) roman orator, writer and politician, consul in 63 BC. During his
consulate, Cicero exposed an attempted coup d’état led by Catalina and had the conspirators (except Catalina
himself) executed. Charged with having carried out the execution without a legal sentence, he was exiled in 58
BC. He was recalled only a year later, but turned his bank on politics and applied himself to literally work instead.
After Caesar’s murder, Cicero returned to politics and hoping to restore the Republic, held a series of speeches in
the Senate that fiercely attacked Mare Anthony. This proved to be fatal: during the proscriptions of the second
Triumvirate, Marc Anthony had Cicero murdered. A lot of Cicero’s extensive writing has been preserved, such as
speeches, philosophic documents and personal letters and his writing is regarded as having been normative for
the Latin language.

 Meaning:
SALUS POPULI SUPREMA LEX ESTO
Let the Welfare of the People Be the Supreme Law. (Cicero, De Legibus)

 Kinds of Welfare:
Welfare can be of any type like welfare in form of medical facilities provided to the people of the state. Or
security of their lives, providing food or some special welfare as required by the particular time period for which
that law is made.

 Welfare is Subjected to The Circumstances Prevailing At That Time:

If some special taxation is imposed keeping in view the current position of the state that will be justifiable,
keeping the element of necessity under consideration like in tine of wars special taxation can be imposed to
collect revenue for the sake of the defense of people from the state enemies. It will become unjust if It remains
applicable after the end of the war. So the element principle of necessity has some connection to this principle.

 Explanation:
This phrase is based on implied agreement of every member of society that his own individual welfare shall, in
case of necessity, to the community; and that his property, his liberty, and life shall, under certain circumstances,
we placed in jeopardy or even sacrifices for the sake of public good (welfare). There are said Buller, J. “many
cases in which individuals sustain an injury for which the law gives no action; where private house are pulled
down or bulwarks are raised on private property for the defense of the kingdom against the kingdom’s enemy.
Likewise, at the time of war, the monarch of the kingdom without making any compensation take compensation
take possession of any man’s land for the purpose, such as making of trenches connected with the military
operations.”

 Relevancy with Taxation Laws:

Upon the principle we are discussing also depends the right of state to interfere with and place a limit of rights
of property for the purpose of revenue and the support of government, however, a rule of law which has been
designated as a” legal axiom” that “no pecuniary burden can be imposed upon the subjects of the country, by
whatever name it may be called whether tax, due, rate, or tool, except upon clear and distinct legal authority
and applicability of this maxim established by those who seek to impose the burden of revenue.”
 Examples:
Likewise, in less stringent emergencies, the maxim is, that private mischief shall be endured, rather than a public
inconvenience; and, therefore, if a highway out of repair and impassable, a passenger may lawfully go over the
adjoining land, since it is for the public good that there should be, at all times, free passage along thoroughfares
from subjects to the realm.

 Limitations imposed:
The principle underlying the maxim, as well as limitation with which it is applied, is well illustrated by the
following expressions of Cockburn,
C.J: “The power to erect a sea-wall or embankment as a protection against the sea or from the prerogative the
crown for general safety of the public and no doubt the ordinary right of property must give away to that which
is done under the great prerogative and the safety of public.

 Can be Invoked to Make a Law and Not to Break a Law:

This maxim can only be used and invoked to make laws but cannot be used to break the laws which have already
been legislated. Once a law is made and enforced it is impossible to break the law and take the shelter of this
maxim to avoid punishment or to nonpayment of taxation levied.

 Case Laws:
o PLD SUPREME COURT
o 1979 PLD LAHORE HIGH COURT

 ABUSE OF MAXIM:
There is not anything in this world more abused than this maxim for its application, as if one ought to forsake the
known law, when it may be most for the advantage of the people, when it means no such things.

 Conclusion:
At the end it can be concluded that any law made without solid base of application of this principle will have no
value or applicability in this modern era of fundamental rights and democratic society. Any taxation levied
without the welfare of the people at large of the country will not be considered as according to the canons of
law and the equality and people will not be willing to submit the tax.