The idea of the Rule of Law is one of the integral building blocks of a modern democratic society. Furthermore, laws are enacted for the welfare of the people and to maintain peace and harmony between the conflicting forces in the society. Furthermore, one of the main objectives of the legislative process is to maintain law and order in the society and develop a peaceful environment for the progress of the people. Therefore the concept of the rule of law plays an important role in this process. The rule of law has ancient origins and is an ancient ideal. As discussed by ancient Greek philosophers such as Plato and Aristotle around 350 BC Platoon his writings on the idea of the rule of law: “Where the law is subject to some other authority and has none of its own, the collapse of the State, in my opinion warning, it's not far away; but if the law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods bestow upon a State.” Likewise, Aristotle further endorsed the concept of the rule of law by writing that “the law should govern and those in power should be servants of the laws.” The term derives from the French phrase 'La Principe de Legality', the principle of legality which also refers to a government based on the principles of law and not on men. In a much broader sense, rule of law means that the law is supreme and is above every individual. In contrast, the idea of the rule of law emphasizes the procedure established by law, where governmental authority must be exercised only in consonance with written laws. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original Essay Furthermore, no individual is above the law and should abide by it. The fundamental principle of the rule of law is aimed at ensuring safeguards against arbitrary actions by government authorities. Furthermore, the idea of the rule of law has been described as a rare and protean principle of our political tradition. More importantly, the term rule of law provides nothing about how laws should be formulated or anything specific such as fundamental rights or Directive principles or equality. Furthermore, it provides two fundamental concepts: the law must be respected by the people and the law must be made in such a way that it can guide the behavior of its subjects. Different legal theorists have different approaches towards the concept of the rule of law. The doctrine of the rule of law is also considered the foundation of administrative law. It was expounded by Sir Edward Coke and further developed by Prof. A. V. Dicey in his book “The Law of the Constitution” published in 1885. According to A. V. Dicey, the rule of law comprises three principles. Supremacy of law: where no man is above the law or can be punished only for violation of the law. Every person must be governed by the law, including those who administer it, and it also governs the legislators as they exercise their powers to make and administer the law. All the more they are required to justify their act with appropriate reasoning, otherwise the entire purpose of the doctrine is thwarted. Equality before law: The principle states that an ordinary law of the country is equal to all classes of people irrespective of their caste, creed, religion etc. and are conferred on the ordinary courts. Just laws should be administered and enforced justly and fairly. The predominance of the legal spirit: According to Dicey the written guarantee is irrelevant unless there is a mechanism through which it can be enforced. It is believed thatthis authority is present in the courts which should be impartial and free from any type of external influence. Further adding judicial review of administrative action is an important pillar of administrative law. The rule of law doctrine can be divided into two categories. First, where the law should conform to standards that also enable its effectiveness to guide action. Second, the various legal mechanisms of law enforcement should not deprive it of its ability to guide biased enforcement and should monitor compliance with the rule of law and also provide effective remedies in case of deviation from it. Some principles of the doctrine are as follows: Laws must be prospective, open and clear. We cannot be guided by a retroactive law. Especially since it does not exist at the moment of the action. Sometimes it is known for certain that a retroactive law will be enacted. When this happens, retroactivity does not conflict with the rule of law. Furthermore, the laws must be open and actually adequately publicized. More importantly, if you want to lead people, they need to be able to find out what it is. Furthermore, the laws must be clear. An ambiguous, vague, obscure or imprecise law is likely to mislead or confuse at least some of those who wish to be guided by it. Laws should be relatively stable. Laws should not be changed too often. Conversely, if they are changed frequently, people will have difficulty finding out what the law is at any given time and will constantly fear that the law has been changed since they last learned it. Adding further stability is essential if people are to be guided by the law in their long-term decisions. Making Laws Laws made should be in the interest of the public and should conform to the ideas of equality. Independence of the judiciary The independence of the judiciary must be guaranteed. The rules concerning the independence of judges, the method of appointment of judges, their stability in office, the manner of fixing their salaries and other conditions of service are intended to ensure that they are free from extraneous pressure and independent of any authority except that of the law. They are, therefore, essential for the preservation of the rule of law. Principles of natural justice Laws should allow for a free and fair trial, without prejudice. Courts with power of review Courts should review both subordinate and parliamentary legislation. More importantly, to ensure compliance with the rule of law, courts should be easily accessible. Problems such as long delays, excessive costs, etc., can actually turn the most enlightened law into a dead letter and frustrate one's ability to effectively guide oneself according to the law. Furthermore, accessibility to the courts should be of paramount importance. Moving forward The doctrine of the rule of law has been adopted in the Constitution of India. The ideals of the Constitution, justice. Freedom and equality are enshrined in the preamble. The Constitution of India is the supreme law of the land and other laws shall be required in accordance with the Constitution. Furthermore, any law that violates any provision of the Constitution is declared invalid. Part III of the Constitution of India guarantees fundamental rights. Further, Article 13(l) of the Constitution clarifies that all laws in force in the territory of India immediately before the coming into force of the Constitution, insofar as they are inconsistent with the provisions of Part III relating to the Fundamental Rights , to the extent of this inconsistency,,, 55(2), 409-448.
tags