The law school students were in the study of two fundamental concepts The separation of powers and legal principles. The most essential areas for the legal profession are these. Although they are not explicitly outlined within the Indian Constitution These ideas are heavily implied in Indian law.
This blog post will discuss the idea that is”the” Rule of Law, as stated by A.V. Dicey (Albert Venn Dicey). Now let’s get going!
Introduction to the Rule of Law in the Constitutions
While administrative law is a distinct legal area and an area of research, in recent years, it has risen to prominence as a “responsible” subject that is of interest to lawyers as well as law students. Thus, the English citizens benefited from Dicey’s Concept of the rule of Law as a weapon against the growth of administrative law to affirm its own existence. “The rule of taw” is the most defining expression of human culture and civilization and is the new universal language of morality.
Thus, it is logical that the law ensures the constitutional validity for a long time and is essential to the functioning of democracy as well as good governance. So, it’s better to quote Lal Bahadur’s statement in which he states that “the rules of the lawhaves to be observeto maintainng anenhanceng our democratic foundation”.
Meaning and Concept of Rule of Law
One of the fundamental concepts of our contemporary civil society is the “rule of law.” While the term is in the present by the Constitution of India, it is frequently utilized in the past by Indian judges in their rulings. A national philosophy of political ethics that ensures a proper balance between rights and privileges enjoyed by the public and the individual to create an open society that balances the rule of law with law that is based on justice, freedom, and equity.
The phrase “la principle de legalite (government founded upon laws) refers to the French equivalent of” law and orderWhichch is where the word originated. Edward Coke is credited with inventing the concept that the law is the rule. Coke believed that the prince is controlled by God and the law.
Coke’s three most important remarks regarding the “rule of law “rule of the law. First of all, legality is essential to keep the rulers from exercising absolute authority as well as to ensure that the government doesn’t take arbitrary decisions; and finally, it is essential to protect people’s rights.
The Objects that are based on Edward Coke’s idea of the “Rule of Law” include:
- To prevent authoritarian dominance in governance
- To renounce the arbitrary authority of the State
- Unified enforcement of directives and laws regardless of their rank or level
- To comply with the law
- The defense of people and their rights
- The law is King
- The lawmakers are empowered to examine administrative actions
Rule of law is the term used to describe the law that is in place, which is founded on the principle of equality, freedom, and non-discrimination. Accountability.
Features of the Rule of Law
- The rule of law is respected, and officials are not permitted to make decisions based on their own discretion when exercising their power.
- In the eyes ofthe law, it is illegal for anyone to be penalized or hounded in the event of a violation of the law.
- Lawful rule is equality of treatment in the legal system, with no discrimination based upon class.
- The law states that a person will only be punished if charged with committing an offence and that charge is confirmed through an independent tribunal, such as anappeals courtu.rt
Dicey’s Conceof on “Rule of Law”
British attorney and constitutionalist Albert Wayne Dicey introduced the idea of the rule of law with his 1885 work “The Law of Our Constitution.. Dicey stressed the distinction between the rule of law and administrative justice.
He stressed that the law of the land applies to everyone, no matter if they are mayors or Treasury Secretaries. The same laws must apply to everyone, without distinction,n and legality is the most important factor.
Dicey defined the Fundamental Rules that Govern the Law.
- Law of the land of Law: The first principle is that the rule of law demands the absence of arbitrariness and excessive discretionary power. That is, every person must be accountable to the law. It is evident that justice is the supreme authority and is the sole basis for punishment in the absence of other elements.
This means that officials of the government or any other person should not be granted rights. It is not necessary to have an additional tribunal or special court for government officials and their employees.
- The Supremacy of Legal Principles: The third principle is it is that English rights, such as individual liberty and protection against arbitrary detention, are enacted through the decisions of the courts as well as the English courts. The Constitution is a result of laws that have been established for years. In essence, Dicey’s idea of law and order is built on a system of law in which everyone.
To learn more about Dicey’s fundamental principles of the rules of law, or any other, sign up at the top law school in India and interact with world-class law instructors with years of teaching experience with university students.
Merits and Demerits of Dicey’s Concept:
Merits
- V. Dicey’s theory has proved crucial in setting limits for the authorities of administrative organizations.
- This theory is used as a metric to evaluate the effectiveness of administrative actions.
Demerits
- Even in its own day, Dicey’s notion about the principle ofthe rule of law was not widely accepted.
- Dicey was primarily concerned with individual rights, but he did not consider his authority over the government.
Rule of Law in the Indian Constitution
The rule of Law is an essential element for Indian democracy. When drafting the Indian Constitution, the Framers faced pressure from both their counterparts in the United States and England. The idea of the rule of law that originated in England and was an integral element of the Indian Constitution and dominated all administrations, including the Legislature, as well asthee Executive and the Judiciary.
The preamble to the Constitution of India clearly outlines the tenets of the supreme law, focusing on equality, justice, and freedom. In Article 14, the Constitution ensures legal equality of all citizens and equal protection from the law. Fundamental rights, as stated by Articles 13-1,4 15, 19, 21, 2,2 25, 28, and 31A, are accessible to all citizens of India. If they are violated, the individuaisre able to seek redress through a petition to the High Court pursuant to Sections 226 and 32 of the Constitution.
Additionally, any laws adopted by the state or central government have to be in line with the Constitution of India. If a law does not conform to the rules of the Constitution, then it is declared invalid and null. Article 32 permitsthen Supreme Court to issue various types of writs like mandamus, habeas corpus, us and prohibition, certiorari, and quo warranto.
This power, referred to as judicial review,iew permits the Supreme Court to ensure the protection of the law of the land and stop the implementation of laws that are not in accordance with the constitutional framework. Essentially, legality in India is an essential principle that is in line in accordance with the Constitution.
Basic Principles on the Rule of Law
- Law is supreme and above all and every other thing. No one is above the law.
- Everything should be conducted according to the law and not based on whims or fancy.
- Legal equality and equal protection under the law
- These discretionary powers should be implemented within reasonable limits as that are set by the law.
- Effective protection against abuses by the executive
- Unbiased and independent judiciary
- Just and fair procedure
- Rapid trial
Landmark Cases.
In the Keshavananda Bharati Sripadagalvaru & Ors v. State of Kerala & Anr2 case, the court laid the standards of basic structure. They also said that any constitutional element may be enhanced without changing the basic structure.
In the matter of Indra Nehru In the case of Indira Gandhi. Raj Narain, the court ruled that law and order is an element of the fundamental constitution, and therefore, cannot be altered.
The case was the State of Bihar. Sonawati Kumari, the Court decided that in line with the rule of law, each government official within the state, including the executive officials are bound to observe the laws.
The case was Union of India. Raghubir Singh, the court decided that the rule of lawiss significant in that it determines the daily lives of citizens and governs the activities of the state based on the decisions of the Supreme Court.
Rule of Law in Modern Sense
The contemporary concept of the legal rule, formulated by the International Commission of Jurists in the Delhi Declaration of 1959, is a broad concept that all governments must adhere to. It focuses on the protection of a person and also includes committees on personal liberty, government intervention, and criminal law. These committees stress the importance of anti-discrimination laws in addition to religious freedom, as well as the judiciary system,m because it insists that it is important to.
Mayor Kin Davis outlined seven forms of modern law, which include principles of natural law, settled law, due process, as well as the preference of judicial authority over executive power and judicial oversight of administrative procedures. The modern law encourages both the participation of citizens in politics and constructive criticism of governments.
Conclusion
The notion that the law is the supreme authority initially created by A.V. Dicey was later incorporated into the Constitution of Indian plays an important part in the development of democracy-based states. It is an essential concept that emphasizes how important it is to have equality before the law. It also outlines the prohibition of conduct, the protection of individual rights, and serves as a defense against the abuse of power, assuring that no one can violate the law based on rank or position.
In India, the Constitution has codified the law of the land, and its fundamental principles are mentioned in the Preamble and numerous articles that guarantee equality, justice, and liberty for all citizens. The judiciary plays a significant role in ensuring that the law is followed through judicial review.
The need for lawyers has increased to a significant extent in recent times, so getting a law degree from the top law schools in India will allow you to gain vast knowledge and abilities that can help increase the chances of a career in the field of law. Students who have completed their 12th grade in Science can also opt for law. Students need to satisfy the requirements for admission to the college.
