UNDERSTANDING THE CONCEPT OF RULE OF LAW

Rule of law was developed by a British jurist Albert Venn Dicey in his book called “The Law of the Constitution” 1885. In this book, he develops this concept and he identifies 3 principles while establishing the rule of law.

According to Albert Venn Dicey rule of law first meaning is “No man is punishable except for a Distinct breach of Law” established in the ordinary legal manner before the ordinary court. The government or any high-class authority cannot punish any individual on the personal ground till the time an individual has committed an offence and if the offence is committed then proper procedure and trail will be conducted and in case the final verdict is that the offence is committed then physical or economic punishment will be given to the accused person. This clearly indicates that even if 100 criminals are not arrested is ok rather than punishing one innocent person.

During the ancient times, the concept of rule of law was discussed by the Greek philosopher Aristotle and Plato at the time of 350 BC so now you can imagine how old this concept. Plato has written that if rule of law under the supervision of any law than it doesn’t have any value and the concept of state will get collapsed and if the law is master of government and government work as a slave for law then the concept of state will work effectively and humans can enjoy their rights.

According to Plato the meaning of rule of law is that it is supreme in nature and nobody is above the law.

According to Aristotle has written that law should be the final sovereign of the state.

Article 14 of The Constitution of India also talk about that “Every Man is equal before the law, no one is above”.

Constitutional rights are the source of a judicial decision it means that the source of rights is not the constitution but the rules or law enforcement by the court. The British constitution is the result of judicial result and all the rights are given under the Constitution is decided and framed from some or the other judicial decisions.

The principle of Rule of law is accepted by Article 14 of the Constitution and it has 2 main rule that no man is above the law and no man is punishable except for a breach of law and the last rule given above is not accepted by our constitution. So, the first and second rule applies to the constitution but the third rule of dicey is not accepted by our Indian system. All rules passed by the legislature must be within the provision of the Constitution and if any law is made which encroached any of the provisions of the constitution then it will be declared as void by the Supreme Court.

Basic Principles of Rule of Law  

  1. Law is supreme and nobody is above the law.
  2. All the things should be done according to a law not as per whim.
  3. No person should be suffered except for the breach of law.
  4. Absence of arbitrary is the soul of the rule of law.
  5. Equality before the law and equal protection of the law.
  6. Speedy trial.
  7.  The fair and just procedure should be conducted.
  8. Independent and impartial judiciary.

Kesavananda Bharati vs. the State of Kerala under this case the principle of Basic Structure was propounded and it was said that any part of the Constitution can be amended without disturbing the basic structure of it.

Indira Nehru Gandhi vs. Raj Narain, the court held that rule of law is also part of the basic structure and in the list rule of law was also added and it means that no amendment can be done in rule of law.

CONCLUSION

The founding fathers of India accomplished what the rest of the world though impossible- establish a country that would follow the letter of the law and implement the Rule of Law. In all matters such as the protection of the rights of the people, equal treatment before the law, protection against excessive arbitrariness, the Constitution of India has provided enough mechanisms to ensure that the Rule of Law is followed.

Through its decisions, the Courts have strived to reinforce these mechanisms and ensure smooth justice delivery to all citizens. Problems such as outdated legislation and overcrowded courts are but small hindrances and bodies such as the Law Commission of India work towards ironing out these problems with the aim of achieving a system where there are no barriers to the smooth operation of the Rule of Law.

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.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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