Thursday, 30 June 2022

Rule of Law

 Rule of law

These set of words are coming from French quote

‘La principle de legalite’ In English means government based on the principles of law

In the ancient times the kings used to rule their district or state and the rules and principles used to

be fully based on their fantasies and their own mindset .Today’s government can’t do the same .

There is a organised procedure to set rules for the public of country and government has limited

powers delegated to them.

There are certain laws which controls the administration way of functioning-

Some of the major theories that come under rule of law.When it comes to rule of law the first names

that strikes a mind should be Sir Edward Coke and A V Dicey ,they are the major two people who

have finely defined rule of law and have certain theories-

Sir Edward Coke Laid down certain points

1- rule of law is required to ensure That there is no authoritarian rule of the crown

2- that there shall not exist any arbitrary authority of the government

3- to ensure the Rights of individuals

Rule of law are basically legal safeguards provided to the public of India so that their rights are not

exploited or none of the citizens of the country are left rights deprived.

Some of the objects of rule of law based on Sir Edward Coke theory-

1 - To put a restriction on the government of the country from authoritarian rule

2- to put a restriction on arbitrary authority of the government

3- to put a restriction on discrimination when it comes to application of law and order and to

promote equal application of law and order

4-To do things in legally right way

5-to protect the rights of individuals and leave none of the citizen right deprived

6-To make realise that law is supreme and even legal has limits

7-and no one is above law everyone is equal in the eyes of law does administrative authority actions

can be questioned by law

A V dicey was a scholar and also had written a book on the same.

Book named introduction to the Law of Constitution published in the year 1885.

His mindset and sayings on the rule of law were that no man is punishable or can be lawfully made

to suffer in body or goods except for distinct breach of law.His basic theory was everyone is equal

And no man shall be punished until the man has breached any law.

AV dicey had three major subrules-

- Supremacy of law - Even the government is subject to law of the land , there is no exception when

it comes to implementation of law

- Equality before law- Rights and laws won’t be different for different class of people or different cast

of people. Rights and laws would be a birth right and Laws would be Same for everyone . No man

shall be punished less or high on the basis of the place they come from, it would be same

punishment for same offence for everyone .

- Pre-dominance of legal spirit - every person will get their fundamental rights ,free access to courts

,will have the right to fight for justice and right of personal life.

Rule of law – Indian constitution

Constitution is supreme than Parliament ,executive and judiciary. Article 14 of the Constitution says

equality before law and equal protection of law. Fundamental rights which article 13, 14, 15, 19, 21,

22, 25, 28 and 30 A

Remedies to fundamental rights article 32 and 226.

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...