Skip to main content

Rule of Law

 RULE OF LAW


Brief History- 

Sir Edward Coke, who was the Chief Justice in James I’s reign, propounded the concept of Rule of Law. He made sure that the King is not above all but should remain under God and the Law. As a result of it, he established the supremacy of the law. Later on, this concept or theory was developed by A.V Dicey and got published in his work named “The Law and the Constitution” which got published in the year of 1885.

Meaning of Rule of Law-

A.V Dicey laid down three meanings to rule of law which is as follows-

I) Supremacy of Law

2) Equality before Law

3) Judge-made Constitution

Supremacy of law means absolute supremacy of law, it opposes arbitrariness, anarchy. According to this concept, No man shall be punished imbodied or in goods except provided under the law or except for the breach of distinct law.

Equality before Law means that law is above everyone and no one is above the law. Irrespective of a man’s rank, wealth, condition, etc. Everyone is subject to the ordinary law of the land. The Rule of Law aims to oppose the exemption given to the officials or certain classes of society. 

Dicey preferred that the rights should be guaranteed according to the Judicial decisions and not by any written laws or Constitution. Dicey made the Courts the Guarantors of Right, but this concept is not followed in India, and Constitution is the grundnorm of the Country. 

Modern Concept of Rule of Law-

Due to various reasons, Dicey’s Rule of Law was not accepted in totality. The modern concept of Rule of Law is given by Davis: 1) Law and Order, 2) Fixed Rules, 3) Elimination of discretion, 4) Due process of law, 5) Natural Justice, 6) Judicial review, 7) Preference for judges and ordinary courts to execute authorities and tribunals.


Rule of Law in the Constitution of India-

In the case of Indira Nehru Gandhi V. Raj Narain (AIR 1975 SC 2299), Court regarded that Rule of Law is a part of the basic structure of the Constitution and cannot be abrogated by the Parliament. 

Related Articles in the Indian Constitution-

  1. Article 13- The Constitution of India is the supreme law of the land and other laws should be in conformity with the constitution. If any law is found to be violative of the constitution then it is declared invalid or void.

  2. Article 14- Article 14 provides for Equality before law or the equal protection of the laws. It ensures that all are equal before the law. Article 14 prevents class legislation but allows reasonable classification. Any action of the state which is arbitrary or without any justifiable reason will be against Article 14.

  3. Article 21- Article21 guarantees to all persons which includes citizens as well as non-citizens the right to life and personal liberty.

Exceptions to the Rule of Law in India-

Rule of Law in some cases is not followed absolutely in India. Article 361 says that the President or the Governor of a state shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Article 361(2) provides immunity to the President and the Governor of any state against the criminal proceedings. 

According to Article 361(3), The president or Governor of any state is immune from the process of arrest or imprisonment.

Article 361(4), provides as immunity to the President or the governor of any state against any civil proceedings.

However, it is to be noted that these exceptions are created by the Constitution itself, and the persons enjoying these exceptions cannot be termed to said to be above the law.














Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree