Rule of Law in India | Administrative Law - CLAT PG PDF Download

Rule of Law in India

The rule of law is a fundamental principle in India, emphasizing that everyone, including the government, is subject to the law. This concept ensures fairness, accountability, and the protection of individual rights within the legal framework.

Historical Context

• The idea of rule of law in India has ancient roots, traceable to the Upanishads, where it is stated that "Law is the king of Kings," signifying its supremacy over even the mightiest rulers.
• This principle underscores that the law is more powerful and rigid than kings, ensuring that the weak can prevail over the strong, and that justice ultimately triumphs.

Conceptual Understanding

• The rule of law is often invoked to assert that the administration must not exercise arbitrary powers and should function strictly according to the law.
• It represents an evolution of natural law and serves as a historical ideal, advocating for governance by law rather than by the whims of powerful individuals.
• The rule of law demands accountability of power, progressively just governance, and an ethical state.

Senses of Rule of Law

• In a formalistic sense, it refers to organized power as opposed to rule by one individual.
• In an ideological sense, it pertains to the regulation of citizen-government relationships, embodying an ethical code for the exercise of public power.

Postulates of Rule of Law

• The core postulates include equality,freedom, and accountability.
• Equality implies creating conditions where every individual has equal opportunities for social, economic, and political development.
• Freedom encompasses the absence of arbitrary actions, free speech, expression, and personal liberty, with restrictions only when such freedoms are better served by limitations.

Rule of Law in the Constitution

• The rule of law is a fundamental feature of the Constitution, emphasizing that laws must not be arbitrary or irrational and must pass the test of reason.
• It stands in opposition to arbitrariness, with the Supreme Court affirming that law reaches its finest moments when it protects individuals from the unlimited discretion of rulers.

Judicial Interpretation and Activism

• The Supreme Court has played a crucial role in upholding the rule of law through various judgments, such as in the case of ADM Jabalpur v. Shivakanth Shukla, where attempts to challenge detention orders during the emergency on the grounds of rule of law were made.
• In Indira Nehru Gandhi v. Raj Narain, the Supreme Court invalidated certain constitutional provisions that violated the concept of basic structure, reflecting the commitment to rule of law.
• Recent decisions, such as State of M.P. v. Ramashanker Raghuvanshi and Indira Sawhney II v. UOI, demonstrate the court's efforts to ensure fairness and uphold the rule of law in governance.

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Conclusion

The rule of law in India is a dynamic and evolving concept, deeply embedded in the constitutional framework and judicial practice. It ensures that all individuals and institutions, regardless of their power or position, are accountable to the law, thereby fostering a just and equitable society.