WHAT IS RULE OF LAW
Rule of law is a fundamental principle which states that all the individual and institution within the country are bound by the same law and will be held accountable for their actions. All citizens, Government officials, Judiciary, Law enforcement agencies fall under the same framework of law regardless of their class, status and social class. It ensures equality, prevents misuse of power and asserts that nobody will exercise arbitrary power over others. In its basic sense it means that' 'NOBODY IS ABOVE THE LAW''.
HISTORY
The rule of law originated in England and was later adopted by India. It was first introduced by Sir Edward Coke, who served as Chief Justice in England during the reign of King James I. Coke opposed the notion of DIVINE CONCEPT which claimed that king derived his powers from God and could not be held liable for his actions. Later the principal of Rule of Law was developed by A.V Dicey in his book ''THE LAW OF THE CONSTITUTION''. According to him three principles of rule of law are:
1.Supremacy of Law
2.Equality before Law
3.Predominance of legal spirit
FEATURES OF RULE OF LAW
Protects the rights of citizens and establishes supremacy of law.
Everyone is equal in the eye of law.
Court should be free from external influence and impartiality.
There should be clear and fair processes for enforcement of laws.
Adequate safeguard against executive use of power.
All things should be done according to the laws not according to the whims and fancies.
RULE OF LAW UNDER INDIAN CONSTITUTION
Rule of Law is not defined under Indian constitution but given impliedly in the Preamble and such concept is enshrined in Part III of the Indian constitution. The preamble of the constitution of India clearly sets out the principle of the Rule of Law emphasizing justice, equity and freedom. It played an important role in order to develop Indian democracy. Indian constitution is considered to be supreme, and no one is above Indian constitution.
LANDMARK CASES
KESHAVANANDA BHARTI v. STATE OF KERELA [1973]
Supreme court enunciated the concept of rule of law as one of the most important aspects of doctrine of basic structure and held that any constitutional part can be improved without changing it's basic structure.
INDIRA NEHRU GANDHI v. RAJ NARAIN [1975]
Court decided that the rule of law is also a part of the basic structure of the constitution and hence, cannot be amended.
SOM RAJ v. STATE OF HARYANA [1990]
In this case it was held that the absence of arbitrary power is the postulate of rule of law upon which whole constitutional edifice is dependent.
0 Comments