Monday, 31 January 2022

Rule of law

 Rule of law

Rule of law is said to be a part of common law. It safeguards arbitrary rulings in individual cases. Rule of law doctrine says that law continues to be with us and governs our actions all of our life. Whatever mode of government is, the government should establish law in writing and adopt it in established procedures which helps in keeping checks and balances. Arbitrary ruling should not-be there and everything should be procedural. Example there is Delhi development authority 1957 by law rules etc is in consonance with established procedures(With respect to this act ) which helps in governance. Now there is no arbitrariness in context with procedure (Example procedure for denial of passport, removing anyone to expel someone by the police etc, when interest of public at large is questioned.

Indian Context- Constitutional provisions beginning from fundamental rights and directive principle of state policy to various articles somewhere incorporate the principle of rule of law. Constitution basic features cannot be taken away even by constitutional amendments (S.P Gupta v UI 1981) Example- Article 15, 14, 21, directive principle of state policy place obligation on state to work in consonance with rule of law. The reflection of basic features of rule of law can also be seen in the preamble of India. For example- Article 325 argues that no discrimination on grounds of religion caste can be made during casting of vote, Article 301 gives freedom of trade throughout India. Article 15 (4) and 16 (4 )and Article 330 to 333

takes care of backward classes in reservation and jobs. Article 32 and 226 inculcates judicial law review doctrine.

Summary- Every government should be subject to law and doctrine. Role of judiciary should be to ensure justice by formulating just proceedings and democracies should formulate systems accordingly, whereby various types of right that they incorporate should be in consonance with rule of law and welfare of citizens should be the primary goal.

According to Edward Coke (1552- 1634)- Everything should act under law and this law should be a type of natural law as to what is right and wrong. Supremacy of law should always be over the executive and its administrative powers therefore the executive should not be given much powers.

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