Importance Of Rule Of Law

1876 Words8 Pages
RULE OF LAW IN INDIA India embraced the Common law system of justice liberation which owes its origins to British jurisprudence, the basis of which is the Rule of Law. Dicey superbly maintained that the Englishmen does not need Administrative law or any form of written law to keep checks on the government but that the Rule of Law and natural law would be enough to ensure absence of executive unpredictability. While India also accepts and follows the concept of natural law, there are formal and written laws to guarantee agreement. The constitution of India intended for India to be a country ran by the Rule of Law. It provides that the constitution shall be the highest power in the land and the legislative and the executive develop their authority…show more content…
It represents the general principles of equality before law and bars irrational judgment between persons. Article 14 expresses the idea of equality stated in preamble. Article 14 declares that ‘the State shall not deny to any person equality before the law or equal protection of law within the territory of India.’ Thus Article 14 uses the 2 expressions “equality before law” and “equal protection of law”. The express “equality before law” find a place in almost in written constitution that guarantees fundamental right both these expressions aim at establishing what is called “equality of status”. While both the expressions are kind of same, but they don’t give like meanings. The assurance of equality before the law is an aspect of what Dicey calls the Rule of Law in England. It means that no man is above the law and that every person whatever be his rank or condition is subject to the jurisdiction of ordinary courts. Rule of Law requires that no person shall be subjected to severe, isolated or biased treatment even when the object is the securing of the dominant needs of law and…show more content…
The modern concept of the rule of law is equally wide and therefore sets up an model for any government to achieve. This concept was developed by the International Commission of Jurists. Known as Delhi Declaration, 1959 which was latter on confirmed at logos in 1961. According to this formulation- "The rule of law implies that the functions of the government in a free society should be so exercised as to create conditions in which the dignity of man as an individual is upheld. This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economical, educational and cultural conditions which are essential to the full development of his personality". According to Davis, there are seven principal meanings of the term “Rule of law: (1) law and order; (2) fixed rules; (3) elimination of discretion; (4) due process of law or fairness; (5) natural law or observance of the principles of natural justice; (6) preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and (7) Judicial review of administrative actions. So finally it may rightly be said that rule of law does not mean and cannot mean any government under any law. It means the rule by a democratic law which is passed in a fairly elected parliament after adequate debate and discussion. Likewise, Sir
Open Document