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The Rule Of Law And The Age Of Enlightenment Era

The Rules of Law enforce Minimum Standards of fairness, both Substantive and Procedural - 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 law.

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 morality.

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

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