Is it right to say that the State is above the law?

Government can easily exist without law, but law cannot exist without government.
The importance of the rule of law had been realised long ago and the fact has been vouched for not only by Indian but also the western thinkers.
Even in the Mahabharata, Dhritarashtra speaks to Yudhisthira extolling the importance of Dharma—"State can only be preserved by Dharma—under the rule of law." Ancient thinkers in the West also backed these very perceptions about the rule of law.
Aristotle stated, "The true relation between law and government is secured by making the law sovereign and the government its servant."
Kautilya, in his Arthashastra, explains concept of the State and supremacy of the king. However, notable is the fact that he outlines the purpose of a king, who was the embodiment of the State. The rule of law in our ancient thought was strictly correlated with the purpose of securing social well-being. He says, "In the happiness of his populace is the king's happiness, in their welfare, his own. His good is not that which pleases him, but that which pleases his people."
But there came a time when the absolutist establishment in the form of the monarch brought in only disillusionment to the people and they sought to replace him with more democratic structures. This new form of government was deliberately not given any control over the judiciary and its functioning, to ensure that law and justice was served to everyone equitably.
Democracies brought in clearer laws and greater accountability on part of the State, but fact of the matter remains that power has neither lost its luster nor the intoxication it brings for the bearer.
And nothing but the current scenario can demonstrate this fact better. It is the nexus of politicians and bureaucrats that rules the roost. It goes to say that the legislators and executors of law make hay while the sun shines and the commoners keep voting from the same pool of men to power, albeit in cycles, more from the want of choice than from any hopes.
The legislation of laws that are detrimental to the interest of government is not quite possible today. And if there already exist some, then loopholes cannot remain undetected for long.
Why is it so that the women's reservation Bill has not been passed and why is it that the tabling of this Bill causes so much of furore? To cite another instance, why is the declaration of a candidate's personal details before the elections, protested with all might? They vehemently argued in one voice that the Supreme Court ruling, making it compulsory for election candidates to reveal their criminal past and financial assets, might be abused by the election officials.
The candidates with criminal background still make it in the elections and nothing gets done about it. It does not require genius to figure out what would happen if the wolves were entrusted with welfare of the sheep. This is only one aspect.
If there are honest men trying to do their job well, they are either transferred or given the sack. There are countless cases of officials who keep getting posted in and out over and over again, as they prove to be a hindrance. There are very few who survive the raw deal they get, and only their mettle makes them reach out to the people. The rest can only simmer within.
The separation of judiciary from the government is a good measure to check it, but objectivity in approach is still a far cry, as those who sit on judgement are only human and that deteriorates the immunity from arm- twisting or to giving in to the allurement of any kind.
Every time a finger is raised against the government, enquiry commissions are set up to investigate charges. But after the entire hullabaloo generated, there is not much that comes out of it all.
The years gone by have witnessed several charges, and equal number of enquiry commissions, but hardly any convictions. The Bofors case has all the possibilities of dying a slow death, just like those involved in it. The Babri Masjid demolition case only gets more frustrating as the trial proceedings prop up the possibilities of a communal lash out once again, in case any of the party is annoyed.
Mumbai can only quake and quiver with a similar smell of fear when it comes to cases concerning the Shiv Sena. A team of journalists earns the ire of the government and is harassed continuously upon attempting to expose the rampant corruption.
After all, who has the money and time to fight the State—even if it means a fight for livelihood, housing, etc.! It is then only left to the activists, who only get beaten up in return. There was much to-do when the Lokpal was established, but then who has heard of it lately? These bodies are a temporary respite and then decadence sets in here too.
Ministries and departments do not live up to their responsibilities, people, suffer deliberations, and everything results only in reams of paper comprising lots of jargon and legalese. This problem is not only limited to India itself. The military government in Pakistan has taken over the State and keeps affecting the laws that suit its needs.
Such a state of affairs only corrodes the values that ensure progress and longevity, and projects the State as predatory and unjust. The one- upmanship of the State vis-a-vis the law tends to chip away at the legitimacy of the State and makes a mockery of the rule of law. It is high time that representatives of the State realise supremacy of the law and restore order in their own house.