Friday, 11 February 2022

Rule of Law


Although the term 'Rule of Law' is not specified in the Indian Constitution, it is frequently utilised by the Indian judiciary in its decisions. The Supreme Court has determined that the rule of law is one of the fundamental aspects of the Constitution, and that it cannot be changed even by constitutional amendment. The rule of law is seen as an essential component of good government. 

According to the rule of law, people must be controlled by acknowledged norms rather than decisions made arbitrarily by authorities. It is critical to remember that the rules that are created should be generic and abstract, well-known and certain, and apply equally to everybody. Legal limitation on government is the essential attribute of constitutionalism. Rulers are not above law under the concept of constitutionalism, government power is divided with laws enacted by one body and administered by another and for that an independent judiciary exists to ensure laws.

Rule of Law Under Indian Constitution

The rule of law has played a significant influence in the development of Indian democracy. The architects of the Constitution had two possibilities when it came to drafting the document: the United States of America or the United Kingdom of England. Some of the provisions came from the United States, while others came from England. Our founding fathers embraced the rule of law from England, and many elements were included into the Indian Constitution. The Indian Constitution is regarded as paramount, and no one is thought to be above it. The notion of the rule of law is also suggested in the preamble, and it is established in Part III of the Indian Constitution.

In the event of a breach of such rights, one can file a complaint with the Supreme Court or a High Court under Articles 32 and 226 of the Indian Constitution. The Constitution of India is enriched with the principles of law i.e. justice, equality and liberty. Any law made by the Central government or State government must be complied in accordance with the Constitution of India. If any law made by the legislature contravenes with the provisions of the Constitution, then such law will be declared void. Under Article 32 of the Indian Constitution, the Supreme Court has the power to issue writs in the nature of Habeas Corpus, mandamus, prohibition, quo warranto, and certiorari. The power of judicial review is also given to Supreme Court in order to prevent any ultra vires law so as to preserve ‘Rule of law’.

The goal is legal supremacy, and the rule of law is the finest vehicle for achieving that goal. Some efforts are also made by the court when the Rule of Law is related to the people's Human Rights. The court is developing a strategy through which the government can be pushed to not only comply to the law, but also to create conditions in which people's capabilities may be developed so that they can enjoy their rights in a proper and meaningful manner.

The rule of law has not produced the desired consequences in Indian society. A few instances of how our court has protected the rule of law and ensured justice include the introduction of new channels for seeking remedies for crimes.

The originator of this concept i.e. Sir Edward Coke, the Chief Justice of King James I’s reign maintained that the King should be under God and the law and also he established the supremacy of law against the executive and that there is nothing higher than law.

No comments:

Post a Comment

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional docum...