Judges and Advocates are known as the safeguards of Law. They are the one who has always preserved the dignity of Law. The term ‘Rule of law’ is derived from the French phrase called ‘la principle de legalite’ means the ‘principle of legality’. Rule of law gives three important principles i.e., Supremacy of Law, Equal Protection of Law and Equality before Law. It refers that a government should always be based on the principles of law and not of men. Rule of law says that no one is above the law everyone whether he is a king or servant are all equal before the eyes of the law.
The Indian judiciary has been playing a very important role in moulding and shaping the rule of law in India. By bringing all positive ways and impulsive interpreting the constitutional provisions, the courts have ensured that the rule of law and respect for citizens’ and rights are not limited to papers but on spirits as well.
Case:
ADM Jabalpur Versus Shiv Kant Shukla
In this case, it was stated that Rule of law is the antithesis of arbitrariness and it is accepted by all civilized societies. It is also identified as the liberty of an individual. It maintains a balance between the opposing notions of individual liberty and public order.
In Bachhan Singh V. State of Punjab, it was held that the Rule of Law has three basic and fundamental assumptions. They are:
1) The democratically elected legislature should hold the power of law-making.
2) There should not be untied legislative power even in the hands of a democratically elected legislature.
3) An independent judiciary to protect the citizens against excesses of executive and legislative power.
The first case by which the debate for rule of law started was Shankari Prasad V Union of India, where the question amenability of fundamental rights arose. The question lingered and after witnessing the gameplay between the government and the judiciary, the issue was finally settled in the case of Keasvananda Bharati V. State of Kerela, In this case, the Hon’ble Supreme Court held that the Rule of law is the “basic structure” of the constitution. But in Golak Nath’s case, the Supreme Court by majority overruled the decision and held that the Parliament has powers to amend the constitution and it extends to all Articles, but the amending powers are not unlimited and do not include the power to destroy or abrogate the basic feature or framework of the constitution. There are implied limitations on the power of amendment under Art 369, which are imposed by Rule of law. Within these limits, Parliament has the right to amend every Article of the Constitution. Justice H R Khanna played a very important role in preserving the Rule of Law although he agreed with the majority decision.
The other major role of Rule of law in India is the Judiciary is independent and it has the power for judicial review. In Union of India v. Raghubir Singh, the Supreme Court said that it is not a matter of doubt that a considerable degree of principles that governs the lives of the people and regulate the State functions which flows from the decision of the Superior Courts. Judicial review is an effective mechanism to ensure checks and balances in the system. Judicial review is an effective mechanism to ensure checks and balances in the system. Any provision which abridges the right to judicial review is completely against the rule of law. In the case of S.P. Sampath Kumar v. Union of India, the courts stated that judicial review is part of the basic structure of the Constitution.
“The views of the authors are personal“
Frequently Asked Questions
Frome where the Rule of Law came?
The term ‘Rule of law’ is derived from the French phrase called ‘la principle de legalite’ means the ‘principle of legality’.
What is the Rule of Law?
Rule of law gives three important principles i.e., Supremacy of Law, Equal Protection of Law and Equality before Law. It refers that a government should always be based on the principles of law and not of men. Rule of law says that no one is above the law everyone whether he is a king or servant are all equal before the eyes of the law.
What is the role of a Judge in maintaining the rule of law?
Judges and Advocates are known as the safeguards of Law. They are the one who has always preserved the dignity of Law. The Indian judiciary has been playing a very important role in moulding and shaping the rule of law in India. By bringing all positive ways and impulsive interpreting the constitutional provisions, the courts have ensured that the rule of law and respect for citizens’ and rights are not limited to papers but on spirits as well.
