RULE OF LAW

In the layman language, the Rule of Law means that the law is supreme. It states that everyone is equal in the eyes of law. It was mainly developed by Prof.A.V.Dicey. Mr.Dicey in his book,” Law and the Constitution” dealt with the concept of the Rule of Law. Rule of Law forms the basis of Administrative Law. The constitution of India also states the constitution as the supreme power and from this power only the various institutions derive their power. Dicey’s main objective behind the Rule of Law is to protect individual rights and liberties. The concept of rule of law was adopted from the British Constitution.  No institutions of the government are inferred with more power than the constitution. It is stated in the preamble of the constitution. India adopted the Rule of law from the common law system of justice which had its roots in British Jurisprudence. The constitution of India shows this intention, a country governed by the Rule of Law. https://www.ijlmh.com/wp-content/uploads/2019/03/Rule-of-Law-and-its-Application-in-the-Indian-Polity.pdfIt declares the constitution to be supreme law of the land from which the executive and the administration derives its
power, the rule of law states that the –

  • There shall be the supremacy of law.
  • There shall be equality before the law.
  • The predominance of Legal Spirit

So the point is that the legislative, executive, and judiciary have to exercise expressed under the constitution. So that there is no overuse of the powers. The Supreme Court of India in Chief Settlement Commissioner Punjab v. Om Prakash observed that in our constitutional system, the central and most characteristic feature is the concept of the rule of law which means, in the present context, the authority of the law courts to test all administrative action by the standard of legality. The Court added that the doctrine of rule of law rejects the conception of the dual state in which government action is paced in a privileged position of immunity from control by law.https://byjus.com/free-ias-prep/rule-of-law-upsc-notes/

In the case of the Secretary, State of Karnataka and Ors. v. Umadevi, the court stated that the “Thus, it is clear that adherence to the rule of equality in public employment is a basic feature of our Constitution and since the rule of law is the core of our Constitution, a court would certainly be disabled from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to comply with the requirements of Article 14 read with Article 16 of the Indian Constitution.”https://www.lawctopus.com/academike/rule-of-law-in-india/

Union of India v. Raghubir Singh in this case it was held by the court that a considerable degree that governs the lives of the people and regulates the State function flows from the decision of the superior courts.http://www.legalserviceindia.com/legal/article-719-rule-of-law.html

Naz Foundation v. Govt. of NCT of Delhi, in this case, section 377 of the Indian Penal Code was decriminalized and homosexual sex was no more an offense. in this case, the Rule of Law was held as homosexuals are now treated as normal. They were not discriminated  on the basis of their sexuality.

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