Rule of Law in the Constitution

Two key concepts that law college students had to grasp were the rule of law and the separation of powers. These are the subjects that are most important to your legal career. These concepts are strongly suggested by Indian law, even if they are not mentioned in the Indian Constitution. This blog article will discuss A.V. Dicey's (Albert Venn Dicey) definition of the rule of law. Let's move on now!

Rule of Law in the Constitution: A Complete Guide

Introduction to Rule of Law in the Constitutions

  • Administrative law has fully evolved as a "responsible" field of study for attorneys and law students in recent years, despite being a separate area of law and a topic for academic study. In order to recognize administrative law's autonomous existence, the English people used Dicey's Concept of Rule of Law as a weapon to combat the growth of administrative law. The "rule of law" is the new global language of moral philosophy and the pinnacle of human civilization and culture.
  • Thus, the rule of law ensures the Constitution's perpetual validity and is necessary for democracy and effective government to function. The statement made by Lal Bahadur Shastri that "the rule of law must be respected with the aim of maintaining and further strengthening our basic democratic system" is therefore preferable.

Meaning and Concept of Rule of Law

  • A cornerstone of contemporary democratic society is the notion of the "rule of law." Despite the fact that the Indian Constitution now defines the phrase, Indian judges have regularly used it in rulings. A national political ethics concept that combines the rule of law with laws founded on freedom, justice, equity, and accountability while upholding a proper balance between the rights and privileges of the person and the state in order to create a free society.
  • The French name for the rule of law is "la principe de legalite," which is where the term first appeared. It means "government based on legal principles." It is said that Edward Coke first proposed the concept of the rule of law. He asserts that God and the law must rule over the prince. Three key points made by Coke regarding the "rule of law" Above all, the rule of law is required to ensure that the government does not act arbitrarily, to stop the monarchy from imposing dictatorial authority, and to protect the rights of the people.

Objects based on Edward coke's theory of "rule of law" are:

  • To prevent authoritarian dominance in governance
  • To reject the capricious power of the state
  • Uniform enforcement of laws and directives, regardless of level or position
  • To act in accordance with the law
  • Defense of persons and their rights
  • The law is king
  • Lawmakers have the authority to scrutinize administrative acts

Features of Rule of Law

  • While authorities are prohibited from acting arbitrarily in the exercise of their authority, the rule of law is upheld
  • No one is subject to fines or harassment under the rule of law unless they have broken the law.
  • Equal treatment under the law, free from class-based discrimination, is what the rule of law entails
  • A person can only be punished under the rule of law if they are accused of committing a crime and that accusation is verified by an impartial body, such a court

Rule of Law in Indian Constitution

  • One of the main pillars of Indian democracy has been the rule of law. The United States and England exerted pressure on the Framers of the Indian Constitution during its drafting. The idea of the rule of law, which originated primarily in England, was central to the Indian Constitution and governed the legislative, executive, and judicial branches of government.
  • The Indian Constitution's preamble lays forth the fundamentals of the rule of law with a focus on justice, equity, and freedom. Equal protection under the law and equality before the law are guaranteed by Article 14 of the Constitution. Every Indian citizen is entitled to the fundamental rights outlined in Articles 13, 14, 15, 19, 21, 22, 25, 28, and 31A. People may file a complaint with the High Court or High Court under Articles 32 and 226 of the Constitution if their rights are violated.
  • Furthermore, any laws enacted by the federal government or state governments must comply with the Indian Constitution. A law will be ruled invalid if it contravenes any of the Constitution's clauses. The Supreme Court is authorized by Article 32 to grant a number of writs, including certiorari, prohibition, mandamus, habeas corpus, and quo warranto. In essence, the rule of law in India is a fundamental value that complies with the Constitution. The Supreme Court can protect the preservation of the rule of law and prevent the application of laws that go beyond the constitutional order by using this power, known as judicial review.

Basic Principles on Rule of Law

  • Law is supreme, above everything and everyone. Nobody is above law
  • All things should be done according to law and not according to whims and fancies
  • Equality before law and equal protection of law
  • Discretionary powers should be put into effect within rational limits set by law
  • Adequate safeguard against executive abuse of powers
  • Independent and impartial judiciary
  • Fair and just procedure

Rule of Law in Modern Sense

The Delhi Declaration of 1959, which was formulated by an international commission of jurists, set a comprehensive definition of the rule of law that governments should strive to uphold. It has committees on criminal justice, government interference, and individual liberty and places a strong emphasis on preserving human dignity. These committees highlight the significance of religious liberty, anti-discrimination legislation, and the legal system. Natural law principles, settled law, due process, judicial preference over executive authority, and judicial examination of administrative activities are among the seven categories of contemporary law that Mayor Kin Davis defined. This interpretation of the contemporary rule of law promotes political engagement and constructive criticism of governing bodies.

Frequently Asked Questions

Which essay themes are most important for candidates to concentrate on when taking the Judiciary Exam?

Numerous legal and constitutional topics are frequently included in the Judiciary Exam. Fundamental Rights, Judicial Activism, Separation of Powers, Legal Aid, and Constitutional Amendments are some of the important essay subjects.

How crucial is it to comprehend fundamental rights in order to pass the essay portion of the Judiciary Exam?

Since they serve as the foundation of the Indian Constitution, fundamental rights are vital. It is usual to have questions about their relevance, evolution, and contemporary legal interpretations. In order to provide a thorough essay response, candidates should be knowledgeable about these topics.

How should candidates get ready to speak on subjects pertaining to constitutional amendments?

The effects of important constitutional amendments should be known to candidates. Emphasize the context of the past, the rationale behind the changes, and how they affect the legal system. Be ready for essay questions that touch on the significance of recent modifications.

Are there any current legal matters that applicants ought to be ready to discuss in their essays?

Adherence to current legal concerns is crucial for candidates. Subjects including gender justice, environmental laws, cyber laws, and privacy laws are pertinent. The quality of your essay is improved when you can show that you grasp the current legal environment.

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