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R ule of law in India ?
H By Arpit Batra
The constitution of India declares that we are a Democratic. Secular and a Socialist Republic. The Rule of law governs our country. 'Equality before law' and 'Equal protection of law' are the most fundamental right conferred on its citizens. We have a lengthy constitution and some otherwonderful laws. Independence of judiciary and highly qualified bureaucrats are the need of the hour. In the present situation, many just exist on paper.
The question is about our compliance with the ‘Rule of Law’.
Rules of law contains three principles or it has three meanings as stated below:
1. Supremacy of I.aw
2. Equality before Law
3. Predominance of Legal Spirit
The doctrine of Rule of Law has been adopted in Indian Constitution. The ideals of the Constitution, justice, liberty and equality are enshrined (embodied) in the preamble.
The Constitution of India has been made the supreme law of the country and other laws are required to be in conformity with theConstitution. Any law which is found in violation of any provision of the Constitution is declared invalid.
In India, the meaning of rule of law has been much expanded. It is regarded as a part of the basic structure of the Constitution and, therefore, it cannot be abrogated or destroyed even by Parliament. It is also regarded as a part of natural justice.
In Keshavanda Bharti vs. State of Kerala (1973) The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure.
In Menaka Gandhi vs. Union of India, AIR 1978 SC 597 The Supreme Court declared that Article 14 strikes against arbitrariness.
How many people respect or pay heed to this fundamental principle? In our country, there are many innocent people who are held guilty only because of the malicious acts of a few hypocrites. We know of a number... [continues]
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