“Be you never so high, the law is above you”
– Lord Justice Denning
Rule of law implies that government powers are effectively limited by the legislature, judiciary, independent auditing and review.
The doctrine of rule of law has its origin in England and is given by A.V. Dicey. According to Dicey, there are 3 fundamental principles of Rule of Law:
According to Plato, the meaning of rule of law is that Law is supreme in nature, and nobody is above the law.
According to Aristotle, law should be the final sovereign of the state.
According to Sir Edward Coke, “Rule of Law” means the absence of arbitrary power on the part of Government. Rule of law enabling ethical dilemmas resolution
Ethical dilemma refers to a situation where one must choose between competing principles, both being right in their own way. Rule of law helps to make decisions in such situations:
Rule of Law in India context
“Rule of law and public order is the science of administration” – Kautilya in Arthashastra
Supreme court has observed that the public officials are answerable to law and law alone. Objectivity, impartiality, transparency and other values which are the foundational values of civil services hinges on the implementation of Rule of Law. Thus, Rule of law helps as a directing light to the government and civil servants in fulfilling their duty
Case 1: Last year, Delhi witnessed an unprecedented clash between police personnel and lawyers, following an argument over parking at the Tis Hazari Court complex. In the aftermath, the blockade of the Delhi police headquarters by its personnel and the disruption of courts almost led to a governance breakdown in the national capital. It also led to violence in which people from both sides were injured and public property was damaged. Such kind of ego clashes and emotional bursts are usually not expected from the professionals. What in your opinion are the major causes behind this incident? Suppose you are the Commissioner of Delhi police. What steps you can take so that such incident is not repeated? The case highlights the poor state of moral conduct in important public institutions. It also shows the increased use and acceptance of violence in public discourse. Major causes behind this incident
a) Negative emotion of anger drives irrational behaviour. Gandhiji said that anger is the enemy of correct thinking.
b) Lack of fully developed conscience – professionals fail to realise the importance of moral conduct in public.
c) Professionals may think that mob violence will protect individuals from punishment.
d) Negative attitude of lack of respect for law and institutions.
e) Absence of ethical ecosystem.
f) Poor implementation of laws Steps to be taken to stop such incidents
1. Immediate measures
a) A fact-finding team must be constituted, and strict action must be taken on gross violators and destroyer of public properties.
b) CCTV camera must be installed at important public places.
c) Appeal must be made to stop the inter-institutional friction to ensure efficient public service.
2. Long term measures
a) Institutionalizing ethical training to encourage selfintrospection, self-awareness, and self regulation.
b) Better work culture and attitude formation at workplace by having democratic institutional values.
c) Revising code of conduct to put requirement of strict moral behaviour by public servants.
d) Institutionalizing dialogue between police and lawyers at regular intervals.
Rule of law must be enforced in public discourse. Democracy cannot be allowed to supersede by mobocracy. Public servant must not take the law in hand. We must create a democracy where Thomas Fuller's words, “Be you ever so high but the law is always above you”, comes true.
Case 2: Divorce rates have spiked recently in India. Though, they are still low in comparison to many other countries, yet they have become a matter of concern for Indian society. Divorce petitions have gone up manifold and most are being sought over spur-of-the-moment emotion outburst, and in some cases over trivial, issues. Reasons for divorce have also changed from the past. Such negative developments are deteriorating the basic fiber of the social institution of marriage. Analyse this problem in detail from different perspectives and indicate various social, psychological and economic factors responsible for this problem? Also, distinctly bring out –
a) Why divorce rates are high, especially in urban areas, when compared to rural areas.
b) Why divorce rate is high even in the cases of love marriages.
c) What steps can be taken to stop couples from taking such strong decisions.
Marriage in India has the sanctity attached to it - an element of divinity in it. However, now the institution of marriage is undergoing change:
(a) Some of the major reasons for increasing rate of divorce in urban areas, as compared to rural areas are:
(b) The divorce rate is high even in case of love marriage, because of the following reasons:
(c) Some of the steps which can be taken to prevent couples from taking such strong decisions are:
However, despite the new strains on the marriage and the increasing number of divorces, the faith in marriage as an institution remains unshaken in our society.
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1. What is the rule of law? |
2. Why is the rule of law important? |
3. Can the rule of law be challenged or undermined? |
4. How does the rule of law relate to human rights? |
5. Are there any recent examples of the rule of law being tested? |
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