what is rule of law

0 votes
53 views
pooja singh asked 14 days ago in Law & Legal Issues by pooja singh

what is rule of law

1 Answer

0 votes
Adriana Michele answered 5 days ago by Adriana Michele

Rule of law means that law is paramount and applies equally to all people. The main principle of the rule of law is - equality of all people before the law. In India, it is adopted in the same sense in which it is adopted in English-American legislation.

The Indian Constitution declares that for every citizen there will be only one law that will be equally applicable. No one will be privileged for reasons of birth, caste etc. (Article 14). If a class is privileged in a state and other people are deprived of it, then there cannot be a rule of law. 

Therefore, in ancient states or in the feudal society of the Middle Ages where there was a difference between the rights of the ruling class and the common people, there was no equality of law. For example, in the legislation of the Kingdom of Rome, we find differences between the rights of the Patrician (upper class) and the Plebian (populace) and the Roman citizen and the Peregrinus (resident of the conquered country). Slavery was also supported by the method.

In India, the common law of the country applies equally to every person, be it king or poor, and everyone gets equal justice in the ordinary court. There are few exceptions to this rule in terms of political and international mutual dignity. As such, the President and the Governor cannot be punished by the ordinary court of the country (Article 361 (1)) The King, President or Ambassador of foreign countries is outside the jurisdiction of the Court (Article 51).
In the Indian Constitution, equality of protection of law is given not only to the citizens of the country, but also to foreigners equally, irrespective of caste, religion, varna, place of birth, etc. The right of men and women is also not differentiated (Article 15). All citizens have the right to equal opportunity in livelihood or government appointment (Article 16).

Untouchability has been completely banned (Article 17). Apart from military and educational titles, the state cannot grant other degrees to its citizens (Article 18). A citizen can be punished only once for an offense prescribed by law (Article 20). Death penalty or imprisonment can be given to any person only in a lawful manner (Article 21), only in exceptional circumstances in a crisis can the government arrest anyone without conducting the case (Article 19 (2)).

One can pursue a case against the government in a civil court over the abduction of its fundamental rights conferred by the Constitution. The Constitution directs that the High Court of the States and the Supreme Court of the country protect these fundamental rights. Justice has been enacted by impartial and fearless judges. It is the duty of the government to follow his orders. Fair and independent newspapers and conscious public opinion are the watchdogs of the people.