The rule of law is one of the pillars of modernity and widely considered necessary for sustained economic development, implementation of democracy and protection of human rights. The rule of law has a history is the way the concept has been reinterpreted over the time according to Mason 1995, Shapiro 1994, Shklar 1987. Those expressions may refer to the doctrine, which some may say is an ideology about how the government acts. This refers to the constitutional government instead of the democratic government. This may convey versions of the term and meanings. It deals with the relationship between doctrine and legal institutions and the relationship between doctrine and the idea of rule of law.
All states in the region have written constitutions and all are committed to ruling according to announced intentions of the constitutions. This does not mean that all constitutions are the same in terms of textual or the political functions and expectations of the constituting document. The fundamental point is the history, economic and political system of all states are shaped by their constitutions.
RULE OF LAW- MEANING
India has embraced the phrase “rule of law,” which was first coined in England. The Indian Constitution’s Article 13 mentions the rule of law.
Simply expressed, the rule of law entails that everyone is subject to the authority of regular courts of law and that no one is above the law, regardless of their position or status.
No one should be treated arbitrarily or unjustly, in accordance with the idea of the rule of law.
The term “law” in the phrase “rule of law” denotes that a person or a group of people must be subject to the law rather than a man or a ruler.
“Rule of Law” is defined by Black’s Law Dictionary as “legal principles of general application, recognized by the governing bodies or authorities, and articulated in the form of an axiom.”
According to the Oxford Advanced Learner’s Dictionary, a scenario where the law is in control over both the state and all its residents is described as a “rule of law.”
RULE OF LAW AND INDIAN CONSTITUTION
The Judiciary, the Legislature, and the Executive are not only bound by the provisions of the Constitution but also must behave in accordance with them, making all three government institutions subject to it.
The State constitution recognizes the concept of judicial review, and citizens may ask the High Court and the Supreme Court to safeguard their constitutional rights. Ordinary courts of law have the authority to invalidate the Executive or the government if they abuse their authority or engage in dishonest behavior.
The Supreme Court of India stated in Chief Settlement Commissioner Punjab v. Om Prakash that the notion of the rule of law is the crucial and most distinctive aspect of our constitutional system, which in this case refers to the capacity of the legal system to judge all administrative action according to the legality standard.
The Court continued by asserting that the rule of law concept rejects the notion of a dual state, in which government behavior is kept in a privileged position of immunity from parliamentary scrutiny.
RULE OF LAW- EXCEPTIONS
There are some variations on the idea of the rule of law, including:
The phrase “equality of law” does not mean that individual rights are on an even footing with those of public servants. For instance, a police officer has the power to make arrests that a private person does not.
The application of special laws to particular groups of individuals is permissible under the rule of law; for instance, the armed forces are governed by military law.
It allows ministers and other executive bodies significant flexibility.
Legislators, medical professionals, and nurses, for example, are subject to standards specific to their fields of practice.
The Indian Constitution has major considerations to ensure the application of the Rule of Law in all areas, including the protection of citizens’ rights, equality before the law, and defence against excessive arbitrariness. Through their decisions, the Courts have tried to improve these processes and make sure that everyone receives justice quickly. In order to create a system where the Rule of Law may function freely, issues like outdated legislation and crowded courts are small barriers that organizations like the Law Commission report work to remove.
Author: Wani Sah,
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