File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Rule Of Law Under Indian Constitution: Application In Indian Polity

The concept of rule of law means governance by law and not by men. Law will be the supreme commanding force in every form of government which means that people in power who are making the laws will also be governed by the same laws.

According to the definition of the Rule of law, it means that the Government is based on the general acceptance of law. The concept outlined by Dicey, Law of the Constitution (1881) - the regular law of the land predominates over and excludes the arbitrary exercise of power by the government, all people are equivalently subject to the law operated by the ordinary courts and that law is derived from individuals' rights as declared by the courts.[1]

Government Based on general acceptance of law means that the government will be chosen according to the law of the land and will be following the same laws. The people in power will act as the sword of a warrior named Law which performs the functions given by him and acts as a protector of a warrior and his companion.

Simply put, "rule of law" means that the law of the land takes precedence above any other elected official or authority in a nation. It is deduced from the French term "la principe de legalite," which defines a government that is operated by the law rather than by persons in power. Different individuals have given different interpretations to the phrase, in many nations. Aristotle was one of several notable philosophers who made an effort to provide a comprehensive definition. He strived to justify the theory by connecting it to the rule of reason and other laws of natural justice.

The idea of the rule of law considers the law to be the supreme power. The meaning of the phrase "Rule of law" is that the law, not the king or the chosen representatives of the people, is in charge of running the state and governing it. The concept of the Rule of Law has a long history of origination and is also old.

It is great because it was recommended by jurists like Plato and ancient Greek philosophers like Aristotle "According to these philosophers men will only enjoy all the gifts that a state received from god." Aristotle acknowledged the idea of the Rule of law when he said the law should govern and those who are appointed to hold supreme power should be only guardians and servants of law Aristotle pronounced the idea that law is above the lawmaker and the lawmaker is not above the law. He is only the guardian of laws protecting them and properly applying them.

The Origination Of The Concept Of The Rule Of Law

The concept of the Rule of law was formulated by Sir Edward Coke in the 17th Century. Sir Adward Coke was the Chief Justice in the court of King James I. Once an argument arose between King James I and Adward Coke that "Whether Law Is Supreme Or King." Sir Edward Coke won the argument that the law is supreme over the lawmakers. He further established the supremacy of the law over the government and said that there is no higher authority than the law. Later on, he was killed by King James I.

Dicey's Rule of Law
Professor AV Dicey in 1885 wrote a book The Spirit of Laws in which he stated that the concept of The Rule of Law incorporates 3 principles:
  1. Supremacy Of Law
  2. Equality Before Law
  3. Predominance Of Legal Spirit

Supremacy Of Law

According to the 1st Principle of AV Dicey, Supremacy of law means that people are ruled by the law and there is absolute power. According to this principle, the law of the land is supreme and serves as a ground norm for society. The people making the laws are also under the ambit of these laws and the laws are similarly applicable to them as on any other person. In other words, if a man commits a breach of law, then he shall be punished on the grounds made by the law and not on the will of the government.

Equality Before Law

According to the 2nd Principle of Dicey, equality before the law means that everyone is treated equally before the eyes of the law and there is no inequality based on caste, sex, religion, colour etc. The person's status, position or circumstances won't matter. The law should not be arbitrary and is equally applicable to every person in the society.

This principle is based on the theory of Aristotle that equals should be treated equally and unequal's should be treated unequally. Equality before the law means that the law will be equally applicable to everyone and a person's status will not determine the applicability of law on him. Further, Dicey is of the view that everyone must be governed by the same laws and decisions must be taken in the same courts.

Predominance Of Legal Spirit

According to 3rd Principle of Dicey, Legal spirit is the term used to describe the spirit of Justice, the idea supports the theory that justice should guide law and not the people. The rights and freedoms available to the individuals should be taken from rituals, traditions and customary laws prevalent in the society. Dicey emphasizes more of the view that the court of laws plays a major role in deciding an individual's fate and thus acts as an absolute protector, not the written constitution.

Rule Of Law In India

India chose the common law system of justice, which had its origins in British jurisprudence, as the foundation for its legal system. India's constitution makes clear that it wants to be a nation where the law is supreme. It states that the Constitution is the only source of legitimate authority for the executive and administrative branches of government. power. The notion of the Rule of Law cannot be carried out in its spirit and letter unless all governmental instrumentalities are required to carry out their duties in a just and equitable manner.

Rule Of Law Under Indian Constitution

The Upanishads are where India's legal system began. The idea is still widely used in India because it was incorporated by the constitution's authors. The principle of the Rule of Law is restored since the constitution recognizes India as a sovereign nation. The preamble provided in the Constitution provides the fundamental beliefs and ideals that the Constitution ought to uphold because they are crucial to the interests of the people.

The preamble proclaimed the principles of the Constitution´┐Żequality, liberty, and fraternity. Anything that conflicts with the Constitution shall be found invalid by the court. The Constitution is the supreme law of the land.

Article 14 of the Indian Constitution incorporates the Rule of law and states that everyone is given equal protection under the law and treated equally before the law by the state. According to Article 14, everyone is subject to the rule of law, which means that the law is supreme and there is no room for arbitrary action.

Conclusion
The rule of law is profoundly ingrained in Indian politics, although it was originally inspired by British jurisprudence. The regulation was considered by the drafters of the constitution, who also ensured that it was correctly included in the nation's framework. Because s III, which is the People's fundamental rights. The judiciary has played a role in ensuring that the people receive justice by strengthening all of the processes outlined in the Constitution.

The rule of Law is a mechanism that is fundamental in ensuring peace, and security and maintaining political balance and it supports the equality of all citizens before the eyes of the law and provides protection of citizen's rights in a country.

Rule of law ensures that in a democratic country like India, a proper procedure is followed by the court whenever a man commits a breach of law and he is punished according to the laws established since it's the only means to give the system authority so that power can be used indiscriminately.

End-Notes:
  1. Leslie-B.-Curzon,-Paul H.Richards - The Longmans Dictionary of Law (7th ed. 2007)
Written By: Tisha Grover, BBA LL.B (Hons.), V Sem 3rd Year Symbiosis Law School, Noida, U.P

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly