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Rule of law under Indian Constitution. INTRODUCTION India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to its citizens and under which most important is the “Equality before the law” and “Equal protection of Law”. The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it. We will write a custom essay sample.
on Rule of law under Indian Constitution or any similar. topic specifically for you. Any law which is found in violation of any provision of the buy college descriptive, constitution, particularly, the fundamental rights, is declared void. Feminist In The Essay! The Indian constitution also incorporate the first principle of Dicey i. e. equality before law and equal protection of laws. The Rule of Law embodied in descriptive, Article 14 is the “basic feature” of the with addiction essay, Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. In India, the meaning of Rule of Law has been applied differently in different cases by the judiciary. Before moving further, dimensions of Article 14 of the Constitution of India is very vital to discuss. Buy College Descriptive! Both positive as well as negative discrimination of this Article came and Supreme Court and various High Courts from time to time have summarized their decisions in different cases. Do My Essay Of Deforestation! Dicey’s rule of law has been adopted and incorporated in the Indian Constitution. Buy College! The Preamble itself enunciates the ideals of justice, liberty and equality.
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Thus, it appears that the descriptive, doctrine of rule of law is embodied in the Indian Constitution, and perspective in the lottery essay is treated as the essay, basic structure of the Constitution. The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England. Rule of Law has many different facets and because of its indiscriminate promiscuous use, has meant different things to different people at different times. In simpler terms, this means that no man is above law and that every person, whatever be his rank or condition, is essays on wen dean subject to the jurisdiction of ordinary courts. Also, it requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order.
It is the basic rule of descriptive governance for any enlightened civilized society’s effort as it is not merely a legalistic slogan. It is a kind of commitment to dealing with addiction essay, certain traditional principles and buy college essay values. Dicey’s rule of law has been embodied in Article 14 of the Constitution which is the “basic feature” and hence it can’t be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. RULE OF LAW: MEANING Dicey has included three distinct though kindered ideas in Rule of Law. Help Essay! 1. Supremacy of law Explaining the first principle, Dicey states that rule of law means that the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. Acc.
To him, the Englishmen were ruled by the law and by the law alone; a man with us may be punished for a breach of law, but can be punished for nothing else. Simply it means the absolute supremacy of law as opposed to the arbitrary power of the Government. Buy College Essay Descriptive! If there is cogent evidence of commission of a grave crime for which an quality custom on wen ordinary citizen would be arrested, the law cannot be differently applied depending on the status of the person. However high you may be, law is above you. 2. Equality before law- It means that subjection of all classes to the ordinary law of the land administered by ordinary law courts.
This means that no one is descriptive above law with the sole exception of the monarch who can do no wrong. Dicey, explained this principle of the rule of law as there must be equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. Acc. To him, in England, all persons were subject to one and the same law, and there were no extraordinary tribunals or special courts for officers of the government and the other authorities. Though he criticized the French legal system of droit administratif in which there were separate Administrative Tribunals for deciding cases between the officials of the State and the Citizens.
Acc. To him, exemption of the civil servants from the essay the effects of deforestation, jurisdiction of the essay, ordinary courts of law and providing them with special tribunals was the negation of equality. The Constution has further taken care to provide us with bulwark that guards the freedom of an average citizen, it is the law court. Courts of justice are more important than even the military to guard the freedom of the help do my essay in ecuador, country and of the individual by enforcing adherence to the rule of law. In the case of, State of West Bengal v. Essay! Anwar Ali Sarkar , it was clearly held that “ all persons shall be treated alike both in the privileges conferred and liabilities imposed by perspective in the essay the laws. Equal laws should be applied to all in the same situations, and there should be no discrimination between one person and another. ” Thus, the simple rule is buy college descriptive that the like should be treated alike and dealing alcohol not that unlike should be treated alike. Also, the Supreme Court in Basheshar Nath’s case in buy college, 1959 observed that the buy essay online cheap sole, principle of the Rule of Law was an essential element of the guarantee of equality.
3. Judge made Constitution- We may consider the position prevailing in India vis-a-vis the third principle i. e. , the doctrine of essay descriptive Judge made Constitution or predomination of legal spirit. Until recently, this principle was being studied and examined in context of interpreting the provisions of the cheap biological theories, Constitution and in Chief Settlement Commr. v Om Prakash , the Supreme Court observed: “In our constitutional system, the central and most characteristic feature is the buy college essay descriptive, concept of buy essay cheap sole parents of rule of law, which means, in the present context, the authority of the law courts to test all administrative action by the standard of buy college essay legality. The administrative or executive action that does not meet the standard will be set aside if the custom essays by chaz dean, aggrieved party or person brings the essay, appropriate action in the competent court. The Rule of Law rejects the conception of the dual state in which the governmental action is placed in a privileged position of immunity from contrl by law. Such a notion is foreign to our basic constitutional concept. ” (emphasis supplied) The First and the second aspects apply to Indian system but the third aspect of Dicey’s rule of law does not apply to Indian system as the source of rights of Individuals is the Constitution of India.
The Constitution is the supreme Law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution. Equal protection of the laws: The guarantee of equal protection of laws is similar to one embodied in the 14th Amendment to perspective in the essay, the American Constitution. This has been interpreted to mean subjection to equal law, applying to all in the same circumstances. In Raghubir Singh v. State of Haryana the court held that, “ The rule of law imposes a duty upon the State to take special measures to prevent and punish brutality by police methodology. Exceptions to the Rule of Law: This rule of equality is, however not an absolute rule and there are number of exceptions to it. Buy College Essay! (i)“equality before the law” does not mean the ‘powers of the private citizens are the same as the powers of the public officials’. Thus, a police officer has the power to arrest while no other private person has this power. Rule of Law explicitly doesn’t require that these powers should be clearly defined by dealing with the law and that abuse of authority by buy college descriptive public officers must be punished by ordinary courts in the same manner as illegal acts committed by any private person. (ii)The rule of law doesn’t prevent certain classes of feminist perspective essay persons being subject to special courts. Thus, the members of armed forces are controlled by military laws.
Also under Article 361 of the Indian Constitution, during the term of his/her office, the Governor of buy college descriptive a state or the President shall not be answerable to do my essay the effects in ecuador, any criminal offences. (iii)Today ministers and other executive bodies are given very wide discretionary powers by a statute. And as a result of which such power is been abused. Essay Descriptive! Today, a large no. of legislations in the form of delegated legislation i. e. , rules, orders are been made by the ministers and it is not directly under the Parliament’s power. (iv)Certain members of the society are governed by special rules in their professions, i. Quality Custom! e. , lawyers, doctors, members of armed forces and police. Such clauses are treated differently from ordinary citizens. The Constitution itself contains provisions which, under certain circumstances, limit the effectiveness of Art.
14. Buy College Descriptive! (i)The scope of right to equality U/A 14 has been considerably restricted by the 42nd Amendment Act, 1976. The new Article 31-C added by the amendment act provides that the laws made by the State for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 can’t be challenged on the ground that they are violative of Article 14. In Sanjeev Coke manufacturing co. v. Online Brand! Bharat cooking Coal Ltd. The Supreme Court has held that “where Art. 31-C comes in, Article 14 goes out. (ii)Article 359(1) provides that where a proclamation of emergency is in operation the President may, by order, declare that the right to move any court for the enforcement of such rights conferred by essay descriptive Part III( except Arts. Cheap Cafs- Sole! 20 and 21) shall remain suspended.
Thus, if the President of India issues an order, where a Proclamation of Emergency is in operation, enforcement of Article 12 may be suspended for the period during which the proclamation is in force. (iii)Article 361 lays down that the President and the Governors are exempted from any criminal proceeding during the tenure of their office. Essay! (iv)Under International Law, foreign sovereign and ambassadors enjoy full immunity from any judicial process. This is also available to enemy aliens for acts of war. Article 14 permits classification but prohibits class legislation. – The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not mean that every law must have universal application for, all persons are not, by nature, Attainment or circumstances in the same position. The varying needs of different classes of persons often require separate treatment.
From the very nature of the society there should be different laws in different places and the Legislature controls the custom essays by chaz, policy and enacts laws in the best interest of safety and security of the State. In fact, identical treatment in buy college essay descriptive, unequal circumstances would amount to inequality. So, a reasonable classification is only not permitted but is buy essay online cheap brand necessary if society is to progress. Thus, what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification, however, must not be “arbitrary, artificial or evasive” but must be based on some real and essay substantial distinction bearing a just and reasonable relation to quality custom essays reviews on wen dean, the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply.
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In Sagir Ahmad v. State it has been clearly held that. “The question whether a classification is reasonable, and proper or not, must, however be judged more on commonsense than on legal subtleties. ” New concept of Equality: Protection against Arbitrariness- “In E. P. Royappa v. State of Tamil Nadu, the Supreme Court has challenged the traditional concept of equality which was based on the reasonable classification and has laid down a new concept of equality. Buy College Essay! Chandrachud and Krishna Iyer, JJ. Propunded the help essay of deforestation in ecuador, new concept of equality in the following words- “Equality is a dynamic concept with many aspects and dimensions and essay it cannot be ‘cribbed, cabined and confined’ within traditional and biological theories and criminal doctrinal limits. From a positivistic point of view, equality is antithesis to arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belong to essay descriptive, the Rule of Law in a republic while the other, to the whim and caprice of an absolute monarch.
Where an Act is arbitrary, it is in the lottery implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. Buy College Essay! ” In Maneka Gandhi v. Union of buy essay parents India, Bhagwati, J. , again quoted with approval the new concept of essay equality propounded by him in the E. P. Royappa case. He said :- “…. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinal limits. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence. ” The basic postulate of the Rule of Law is that “justice should not only cheap write biological and criminal, be done but it must also be seen to be done. ” The society is composed of unequals and a welfare State has to buy college, strive by both executive and legislative action to help the less fortunate and to improve their condition so that social and economic unequality in the society may be bridged. This would require a law to buy essay online cheap cafs- parents, be made applicable to essay descriptive, that group in order to ameliorate their lot. Desai, J. , said that the doctrine of classification was evolved to sustain a legislation of State action in need do my essay in ecuador, order to help the weaker sections of the society or some such segments of the buy college, society in need of succor.
In ADM Jabalpur v. Shivakant Shukla, it is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law.
However Justice H. R. Khanna dissented from the majority opinion and observed that “Even in absence of Article 21 in the Constitution, the state has got no power to do my in ecuador, deprive a person of his life and liberty without the authority of essay descriptive law. In India, there are a few instances where Judiciary has infringed upon the areas of Executive and Legislature and this can be said from the example of the present Reservation system. Judiciary was against the fact of giving reservations to feminist perspective in the essay, the creamy layer but the buy college essay, Executive and lottery Legislature was not in essay descriptive, favor of this. “Though many of the effects of deforestation in ecuador them had critiqued about Rule of Law in Indian Constitution. Acc. To them, Law changes with time.
As time evolves, Law has to change in that way. They see Rule of Law simply as a tool for buy college essay guiding and maintaining the status quo of the society. For them maintain status quo is far from being neutral, serves to protect the powerful at the cost of others. More extreme critics claim that “[t]he liberal paradigm has destroyed the rule of law. ” The rationale behind this statement is that, considering the real state of the world, many equate the rule of law with legality. However, this is a flawed equation as “[l]egality simply means that there are laws and says nothing about the quality of those laws. ” Hence, there are many lacunas in cheap, the concept of buy college essay descriptive rule of quality custom essays on wen by chaz dean law which servers the reason of non-implementation of the concept properly. ”
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