Constitutionalism – 2

 4)  Rule of Law- Rule of Law, in the ordinary sense would refer to the supremacy of law.          Individuals working in a State Machinery or for that matter, citizens of a particular region are all subjected to that law of that particular country which would further imply that the government officials shall dispense their official duties within a limited sphere of law.

           According to Professor A Dicey, following are the three fundamental essentials of Rule of Law-

  • No individual is punishable except for a distinctive Breach of Law that has been established in the ordinarily legal manner and subjective to the Courts of that particular country.
  • No individual person is above the law which would include the President, Prime Minister, Army Chief etc
  • Courts play a very important role in protecting the fundamental rights of the individuals which would further mean that for the enforceability of these rights, the individuals can approach or move the Supreme Court and the Respective High Courts under Article 32 and 226 respectively (By way of the writ)

5) An Independent Judiciary- There ought to be an independent judiciary in the country. An independent judiciary is one of the most important salient features of any democracy and it is stated to be even more important for Constitutionalism. It is said that in a Liberal Democracy, the individual is at the Centre and “Judicial Independence” is the hallmark of Liberal Democracy. The Rights of an individual are ensured and respected and the Courts have very important role to play because an independent judiciary shall check such failures.

An Independent Judiciary is also important to maintain the supremacy of a Constitution. If the legislatures come up with the law which is contrary to the Constitution, an Independent Judiciary has the power to declare it null and void through Judicial Review.

Judicial independence also helps the Judges to discharge their Judicial Functions without fear or favor. Justice PN Bhagvati once stated that Justice can become fearless and free only if institutional immunity and autonomy are granted.

6) Respect of Individual Rights- The incorporation of Rights of Individuals in a Constitution and other laws is very much essential but these rights must be equally respected and protected. In India, Part-3 of the Constitution is dedicated to Fundamental Rights (Article 12 of 35) which ensure that a citizen can lead a dignified life.

According to International Covenant on Civil and Political Rights under Article 2, each “State Party” to present Covenant undertakes to respect and to ensure to all the individuals within its territory and jurisdiction, the rights recognized in the present covenant without distinct or discrimination of any kind such as Race, Color, Sex, Religion, Language, Birth etc.

7) Respect for Self- Determination – Self- Determination refers to a Right of People living in a territory to determine the political and legal status of territory. For instance, setting up of a State of their own or by choosing to become a part of another State. The Right to Self Determination is also recognized under Article 1 (Sub-Clause 1) of the ICCPR and it reads as follows-

 “All People have the Right to Self-Determination and by virtue of that Right, they freely determine their political status and freely determine their political status and freely determine their political status and freely pursue their economic, social and cultural development

8) Police Governed by Law and Judicial Control- The prime responsibility of ensuring peace and order is with the police. It states that the duty of bringing the wrongdoers to justice lies with the Police Department. However, when the police discharge such duties, Constitutionalism requires them to honor and respect the Rights, Dignity and Freedom of the individuals.

In General, the Police are expected to act according to the law. When instead, the Police violates such laws they are interested to enforce, the result turns out to be not only an assault on human dignity and law itself, but the creation of barriers to effective policing.

The Practical Effects of Police Violations of Police Violations could be the following-

  • Civil Unrest amongst the General Public
  • Public Confidence is Eroded
  • Effective Prosecution in Courts is hampered
  • The Police is isolated from the Community
  • The Results in the Guilty going free and innocent being punished.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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