Rule of law in India
Rule of law in India
When the rule of law disappears, we are ruled by the whims of men – Tiffany Madison
Introduction
What does rule of law mean? In laymen terms, law should rule, people should obey the law. The earliest form of this type of governance could be traced back to 1750 BC. The Hammurabi code, popularly known as an ‘eye for an eye’, off course it was the most primitive form of law which was used to obtain justice. In a democratic nation especially India, our constitution is the supreme law. Although the term rule of law is not used in our constitution anywhere, it is accepted that India is a country which is governed by rule of law. However it finds its place in the constitution as an underlying principle1 and hence this feature cannot be removed even with amendments.
In this essay my main objective would be to give an account on the rule of law in India, on paper and in reality. Furthermore answer the question: Is rule of law prevalent in India? Before moving forward it is important to define rule of law. Constitution defined rule of law as embodying three main principles: supremacy of law, equality before law and Rule of law is the main principle of a constitution. The concept of rule of law was prevalent even before Dicey; it was firstly propounded by Sir Edward Coke (chief justice of England). Dicey later developed it. In the Middle Ages, around 7th century, jurisprudence established that the law is above all, even the caliph. The mangna Charta which was written in 1215 is another evidence of existence of rule of law way before the 19th century.
Rule of law is a contested topic and it is open to various interpretations and there cannot be a precise definition. However in my personal opinion the core features of this concept should include (with reference to India): rights, justice and governance. The three principles could be related to the constitution, through equality before law, independent judiciary, keeping government powers under check
When the rule of law disappears, we are ruled by the whims of men – Tiffany Madison
Introduction
What does rule of law mean? In laymen terms, law should rule, people should obey the law. The earliest form of this type of governance could be traced back to 1750 BC. The Hammurabi code, popularly known as an ‘eye for an eye’, off course it was the most primitive form of law which was used to obtain justice. In a democratic nation especially India, our constitution is the supreme law. Although the term rule of law is not used in our constitution anywhere, it is accepted that India is a country which is governed by rule of law. However it finds its place in the constitution as an underlying principle1 and hence this feature cannot be removed even with amendments.
In this essay my main objective would be to give an account on the rule of law in India, on paper and in reality. Furthermore answer the question: Is rule of law prevalent in India? Before moving forward it is important to define rule of law. Constitution defined rule of law as embodying three main principles: supremacy of law, equality before law and Rule of law is the main principle of a constitution. The concept of rule of law was prevalent even before Dicey; it was firstly propounded by Sir Edward Coke (chief justice of England). Dicey later developed it. In the Middle Ages, around 7th century, jurisprudence established that the law is above all, even the caliph. The mangna Charta which was written in 1215 is another evidence of existence of rule of law way before the 19th century.
Rule of law is a contested topic and it is open to various interpretations and there cannot be a precise definition. However in my personal opinion the core features of this concept should include (with reference to India): rights, justice and governance. The three principles could be related to the constitution, through equality before law, independent judiciary, keeping government powers under check
Bibliography: EP royappa vs state of Tamil Nadu, 38 (SC 4 3, 1974). Maneka gandhi vs Union of India, 248 (SC 1 1978). Sri Indira devi vs state of Assam, 1383 (SC February 2007). Law making procedure in India. (2009). Retrieved November 20th, 2013, from Wikipedia: http://en.wikipedia.org/wiki/Lawmaking_procedure_in_India Sri Indira das vs State of Assam Court news. (2012). Retrieved November 20th, 2013, from Supreme court of INdia: http://supremecourtofindia.nic.in/ Islamic ethics Central government act. (n.d.). Retrieved November 20th, 2013, from Indiankanoon: http://indiankanoon.org/doc/1199182/ Dicey, A Mark David Agrast, J. C. (2012-2013). The world justice report. ISBN. Sachar, R. (2006). National Judicial Council. Retrieved from People Union for civil liberties : http://www.pucl.org/Topics/Law/2006/judicial_council.html