The Rule Of Law And The Age Of Enlightenment Era
The Rules of Law enforce Minimum Standards of fairness, both Substantive and
- Albert Venn Dicey( British Jurist and Constitutional Theorist )
The most important of the Constitutional Edifice in India is Rule of Law which
has many facets. The attainment of Social, Cultural and Human rights, also rapid
Sustainable Development would not be possible in a Country where the law does
not rule; instead it is ruled by the authorities in Power. The Prevalence of
Rule of Law checks any arbitrary exercise of Power by the Government. Everyone ,
whether individually or collectively is unquestionably under the Rule of Law.
The Rule of Law also requires that the Executive cannot take action Prejudicial
to the right of an individual without authority of law. The Law is Supreme and
above everyone and no one is above the law. The law would be applied in such a
manner that neither anyone is exempted from it or any authority can grant
exemption from it. The Rule of law includes respect for individual and
Collective Human rights. The right to fairness is a vital part of Rule of law.
The Rule of law was Known as an Ideal. Ancient Greek Philosophers viz; Plato and
Aristotle propounded the rule of law was essential for the welfare of the People
and for a civilized Society. The law of Equity and of adjudication was also
known to the Ancient Indians.
In Arthashastra, Kautilya elaborately pinpointed
the duty of rulers to the People and how to dispense Justice in accordance with
the rule of law. Plato, who was a Pupid of Socrates stated:
If law is the
master of Government and the Government is its slave, the situation is full of
Promise and men enjoy all the blessings that the Gods shower on the State.
Aristotle also wrote that law should govern and rulers should be servant of
The Concept of Dharma which was widely Prevalent in ancient India, had
a larger Compass than the rule of law or even the modern doctrine of due
Process, enshrined clearly in the American Constitution. This was because '
dharma ' included the notions of not only Justice and legality but also
The Codes of dharma and morality were laid down by the Ancient Seers
in Dharmashastras and Neetishastras which prescribed that all authorities,
including the King were required to dispense Justice as per law, keeping in view
what was legal, Just, moral and natural.
The Golden thread of Rule of law, the Supreme Court Observed in Kraipak that the
rule of law pervades over the entire field of administration and every Organ of
the State is regulated by Rule of law.
The Concept of Rule of law would lose its vitality of the
instrumentalities of the State and are not charged with the duty of discharging
their functions in a fair and Just manner
- (A.K.Kraipak v Union of India ) AIR 1970 SC 150 (154)
The basic Postulates of the rule of law are that law- making must be done by a
democratically elected legislature , such Power should not be unfettered and an
independent Judiciary must exist to Protect the rights of Citizens against the
excesses of the Executive and the Legislature.
- ( Bachan Singh v State of Punjab ) AIR 1982 SC 1325
The Principal elements of Rule of Law are absence of arbitrary Power, Equality
before the law, Rational, Open and Predictable Court System and Independent
Judiciary. Article 21 of the Constitution Subsequently gave sanctity to the
rule. The Rule of law and the Equality before the laws are designed to secure
among things, Justice both Social and Economic.
In fact, the rule of law is one
of the Cardinal Principles which Constitutes the very foundation that supports
the grand Constitutional Edifice in India. In Conclusion, the Concept of Rule of
Law embodies the democratic decision-making, adequate Government transparency,
accountability, Sensible economic and social Policies, measures to Combat
corruption, effective Rule of law, Creation of market friendly Environment and
respect for human rights as the Principles of Good Governance. Effectiveness and
Efficiency requires that the Processes and Organizations produce results which
meet the needs of the Society at Present keeping in view needs of the future.
This line of thinking has given rise to the idea to intergeneration quality.
Written By: A.J.E.Shiny
Law Article in India
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