Editorial Analysis à 25 July 2022 – The Hindu
Rules of Law
- The idea of the Rule of Law is one of the founding principles of the English Constitution. All international legal systems, including the constitutions of the United States and India, have firmly embraced this idea. In this article, we’ll discuss the idea of the rule of law, including its meaning, background, and relationship to the Indian Constitution.
Definition:
- The term “rule of law,” which was initially used in England, has found acceptance in India. The rule of law is mentioned in Article 13 of the Indian Constitution.
- No one is above the law, regardless of their position or standing, and everyone is subject to the judgement of normal courts of law, to put it simply.
- The concept of the rule of law states that no one should be subjected to arbitrary or harsh treatment.
- The phrase “rule of law” refers to the idea that the law must apply to individuals or groups of individuals rather than to a man or a ruler.
- “Legal principles of broad application, recognised by the governing bodies or authorities, and formulated in the form of an axiom” is how Black’s Law Dictionary defines “rule of law.”
- A situation where the law controls the state and every one of its citizens is referred to as a “rule of law” in the Oxford Advanced Learner’s Dictionary.
The rule of law in India and the constitution:
- All three branches of government are subject to the Constitution since the judiciary, the legislature, and the executive must not only abide by its provisions but also carry them out.
- Judicial review is expressly acknowledged by the Constitution, and people are free to approach the High Court and the Supreme Court to uphold their constitutional rights. If the Executive or the government abuses their power or acts dishonestly, ordinary courts of law have the ability to annul those actions.
- The idea of the rule of law, which in this case refers to the ability of the legal system to judge all administrative action according to the legality standard, is the fundamental and most distinctive aspect of our constitutional system, according to the Supreme Court of India in Chief Settlement Commissioner Punjab v. Om Prakash.
- The Court went on to say that the idea of a dual state, in which government action is maintained in a privileged position of immunity from judicial inspection, is rejected by the rule of law concept.
Exceptions:
The concept of the rule of law has some variations, such as:
- The term “equality of law” does not imply that individual rights and those of public employees are equal. A police officer, for example, has the authority to make arrests that a private citizen does not.
- The rule of law permits the application of special laws to certain groups of people; for instance, military law governs the armed forces.
- It gives ministers and other executive entities a lot of discretion.
- For instance, those who work in law, medicine, or nursing must adhere to criteria unique to that professions.
Conclusion:
- The Indian Constitution has enough protections to ensure the application of the Rule of Law in all contexts, including the defence of people’ rights, equality before the law, and prevention of excessive arbitrariness. The Courts have worked to make these procedures better and ensure that everyone gets justice fast through their rulings. Issues like outdated legislation and overcrowded courts are minor obstacles that organisations like the Law Commission of India try to eliminate in order to build a system where the Rule of Law may operate freely.
