What is Rule of Law in Constitution

What is Rule of Law in Constitution

rule of law

To understand the concept of the rule of law, it must be clear that the state is not rule by a ruler or appoint representatives of the people. The term ‘Rule of Law’ is not mention anywhere in the Indian Constitution. This term is often use by Indian jurists in their jurisdiction. The rule of law has declare by the Supreme Court as one of the fundamental provisions of the Constitution. Therefore it cannot be amend even by a constitutional amendment. Rule of law is consider an essential part of good governance.

By law, the people need to govern by the rules of law rather than by the decisions of the rulers. In this regard, it is important to remember that the laws that are enforce must be commonplace and unambiguous. It must apply equally to all people. Legal restrictions on government are an important aspect of constitutional compliance. Rulers are not above the law under the concept of constitutionalism. The power of the state is separate from the laws of one law and is govern by another. Therefore, there is an independent judge to enforce the laws.

Meaning

Also read: what is law why do we need it

Just understanding the meaning of the law, means that no one is above the law. Everyone is subject to the jurisdiction of the ordinary courts of law regardless of position and rank.

The term ‘rule of law’ is derive from England and India has adopted this concept. The concept of the rule of law continues to require that no one should be subject to harsh or unjust treatment. The word ‘law’ in the rule, means that whether you are a person or a community, it should not be rule by a person or a ruler but by the law. In other words, according to Article 13 of the Indian Constitution the rule of law means state law.

According to Black’s Law Dictionary: “The Law of Law” refers to the legal principles of everyday use, approve by governing bodies or authorities and express in the form of a reasonable proposal.

According to Oxford Advance Learner’s Dictionary: “The rule of law” refers to the state in which all citizens as well as the state are govern by law.

Concept

The founder of the concept of the rule of law was Sir Edward Coke Chief Justice of James I Reign.

The concept of the rule of law has an ancient origin. Greek philosophers such as Plato and Aristotle discuss the rule of law around 350 BC. Plato wrote: “When there is a supremacy of the law and its authority, the collapse of the empire, in my view, is not far off; but if the law is the king of a government and the government is his slave, then the situation is full of promises and men enjoy all the blessings that are poured out by the gods in the kingdom ”. Aristotle wrote that “the rule of law means to rule, and those were in power, should be servant of the law.”

The word ‘Rule of Law’ is taken from the French word ‘la principe de legalite’ which means the principle of legitimacy. By this term it refers to a government based on the principles of law and not the rule of the people. One of the fundamental principles of the Constitution is the rule of law. This concept is supreme in both the Constitution of India and the United States.

The doctrine of law is the basis of the law of Administration. As Aristotle said, the concept of the rule of law is based on the principles of justice, fairness and inclusion. Today, a complex series of basic concepts is enshrine in the law, which also includes equality before the law. Equality before the rule of law, legal independence, consistency, transparency and accountability in administrative law.

Also read: what is Law and Order

Three principles of rule of law

In 1885, Professor AV Dicey developed the concept of Coke and developed three principles of governance in his ancient work ‘Law and the Constitution.’ According to Professor AV Dicey, in order to attain the supremacy of law there must be three principles. Which are as follows:

  1. Supremacy of Law
  2. Equality before Law
  3. Predominance of Legal Spirit

Supremacy of Law

As with the first principle, the rule of law refers to a lack of notion or a broad discretionary power. To understand it easily, everyone should be govern by the law.
According to Dicey, English men were govern by the law and the rule of law. Even in a state of selfishness and the fact that the Republic under the sovereign right of government on the part of the State. It should mean the immunity of legal freedom on the side, with its titles. There should be no broad power of choice for the rulers. So that they cannot make their own laws but must be govern by the established laws.

Equality before Law

There is a direct link between Equality before the Law and the Rule of Law. In fact, the Rule of Law given by Prof. Dicey says no one here is above or above the law and equal before the law. The rule of law guarantees everyone equality before the Act.

The Rule of Law states that the whole country should be treated equally and as there is no state religion then (the state) should not discriminate against any religion. Here, the concept of equality should be applied.

Predominance of Legal Spirit

According to Dicey’s third policy, general principles of the Constitution of India, are the result of the decisions given by the Indian judiciary. Which decides to include the rights of private individuals in certain circumstances. According to him, citizens guarantees certain rights. Such as the right to personal liberty and the freedom to bound by the constitution of many states (states).

Only if such rights are properly enforceable in the courts of law, then such rights can available to all citizens. The rule of law establish by Dicey requires that all administrative actions must support and carry out in accordance with the law. In modern times, the concept of law contradicts the practice of empowering the government and ensures that everyone is bound by the common laws of the land. It does not mean that there is no deprivation of their rights and freedoms by administrative action.

Leading Cases under Rule of Law

ADM Jabalpur v. Shivkant Shukla

The case is also known as the “Habeas Corpus case”. It is one of the most important issues regarding the rule of law. The question raise before the esteemed court is  whether there is Indian law other than Article 21 of the Constitution of India. It is in the context of the declaration of emergency in which the enforcement of Articles 14, 21 and 22 are suspend.

Keshvananda Bharti v. State of Kerala

In this case, the Supreme Court present the concept of the rule of law as one of the most important aspects of the doctrine of the basic structure.

Maneka Gandhi v. Union of India

In this case the Supreme Court ruled that Section 14 strikes against discrimination.

Also read: what are the different types of law

CONCLUSION

From the above discussion, it can conclude that the rule of law is the best tool to achieve the Goal. Some of the efforts are also taken by the court where the Law Act is link directly to human rights. Strategies are develop by a court. The government can compel to not only comply with the law but also to create the conditions in which the people will empower to enjoy their rights in a fair and just manner.

In Indian society, the rule of law did not achieve the desired results. A few examples where the rule of law support by our judiciary and ensure justice can be clearly seen in the development of new ways. This is to seek redress for human rights abuses by filling for PIL.

The founder of this concept namely Sir Edward Coke, Chief Justice during the reign of King James I. He insisted that the King should be subject to God. The law  establish the supremacy of law against the supreme court and that nothing is superior to the law.

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    effect , people could take a signal. Will probably be back to get more.
    Thanks

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