The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. A county that enshrines the rule of law would be one wherein the Grundnorm[i] of the country, or the basic and core law from which all other law derives its authority is the supreme authority of the state. The monarch or the representatives of the republic are governed by the laws derived out of the Grundnorm and their powers are limited by the law. The King is not the law but the law is king.
The origins of the Rule of Law theory can be traced back to the Ancient Romans during the formation of the first republic; it has since been championed by several medieval thinkers in Europe such as Hobbs, Locke, and Rousseau through the social contract theory. Indian philosophers such as Chanakya have also espoused the rule of law theory in their own way, by maintaining that the King should be governed by the word of law.
The formal origin of the word is attributed to Sir. Edward Coke, and is derived from French phase ‘la principe de legalite’ which means the principle of legality. The firm basis for the Rule of Law theory was expounded by A. V. Dicey and his theory on the rule of law remains the most popular. Dicey’s theory has three pillars based on the concept that “a government should be based on principles of law and not of men”, these are:
This has always been the basic understanding of the rule of law that propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law.
While the principle of supremacy of law sets in place cheques and balances over the government on making and administering the law, the principle of equality before the law seeks to ensure that the law is administered and enforced in a just manner. It is not enough to have a fair law but the law must be applied in a just manner as well. The law cannot discriminate between people in matters of sex, religion, race etc. This concept of the rule of law has been codified in the Indian Constitution under ARTICLE 14 and the Universal Declaration of Human Rights under The Preamble and Article 7.
Pre-dominance of legal spirit
In including this as a requirement for the rule of law, Dicey’s belief was that it was insufficient to simply include the above two principles in the constitution of the country or in its other laws for the state to be one in which the principles of rule of law are being followed. There must be an enforcing authority and Dicey believed that this authority could be found in the courts. The courts are the enforcers of the rule of law and they must be both impartial and free from all external influences. Thus the freedom of the judicial becomes an important pillar to the rule of law.
Rule of law in india
Britishers imposed so called ‘rule of law concept’ in its colonies not with an intention to impart Justice but to ruin colonies by passing oppressive laws, this is the reason why in any colonies of British, ‘rule of law’ was not flourished as expected by native people, this was not because there were totally stranger to rule of law concept, but that principle was manipulated, it is used as instrument of oppression. History revels ‘Rule of Law’ system provides enough room for its misuse. Our constitutional framers without understanding this fact in their utter ignorance and relaying on western experiments accepted rule of law, and parliamentary system of England. Instead of imitating western legal system, if they transcended our own legal system which was in existence in medieval age that is before 12 centaury they would have gave a wonderful Constitution to this country based on its own experiences. Britishers thought that one of the way to dominate Indian civilization is to get deconstruct native Education system; Lord Macaulay said that British policy ought to form “a class of persons, Indians in blood and colour, but English in taste, in opinions, in morals, and in intellect” Our constitutional framers were failed access to our own fast experiences, tough Mahatma Gandhi always aware of this fact and who uses to give frequent warnings, and he desired to establish that ancient legal system.
His efforts are also proved insufficient to overcome western ideology. India’s Independence resulted from the struggle led by Mahatma Gandhi, but India’s Freedom, is a product of the Gospel of Jesus Christ. Dr. B.R. Ambedkar, Neharu, and Rajendra Prasad were of the opinion that “However good a constitution may be, it is sure to turn out bad, because those who are called to work it happen to be a bad lot.” Yet, the tragedy is that even these leaders do not know how to make bad people good, that is, how to save us from our sinfulness. However, not much time is left with us to think our fast mistakes which happened largely by ignorance and our inability to access our fast experiences.
Constitution of India is framed on the basis of popular notion of Rule of Law, which recognized two fundamental components of Rule of Law,
Supremacy of Law and
Equality before law.
However, realizing true objectives of Rule of Law remained a nightmare. Poor Leadership, Corruption, etc daily routines and so called leaders of nation, for their self interest jeopardized nations interest. I can site few such examples here, (i) It was on March 30th, 1997 that Mr. Sitaram Kesri (Leader of Congress party (party Supreme) and United Front Coalition Government) handed a letter to the president of India that pulled down a government which resulted into fall of Mr. Devegowda lead United Front Coalition Government. Precise reasons for withdrawal were that, Under Gowda’s government, the Central Bureau of Investigation (CBI) and the Income tax authorities were investigating about one hundred Congressmen for crimes committed during their years in power. As Rajesh Pilot, a Congress party leader and an aspirant for its presidency, put it, some Congressmen were in jail and many others were on bail; they could not allow the United Front to continue to rule on the strength of their support, and at the same time investigate their crimes. And Gowda’s government. doing fairly well and had tabled most popular Budget before parliament this created fear that in next election Devegowda will be able to get sufficient majority by his own party. Because of these reason government was pulled down.
Rule of Law in India came under Great challenge in 1975 emergency period; thousand of political leaders across the country have been under detention without stating any reasons. Several repressive laws enacted thereby a worst kind of Preventive Detention law are applied, this experience unique to India even during British Rule there was no law to provide complete authority to police official to detain person preventively. Freedom of Press and expression were put under pre-censorship, some of the foreign dailies and periodicals were banned and lines were revoked. An attempt of substitution of Original constitution is made by introducing 42nd amendment act to the Constitution in 1976. Misuse use Art 356, laid to weakling of federal structure of the country.
Adult Franchise is right to vote irrespective of religion, race, caste, creed, sex. It was a nascent step to empower the democratic values and the result is Election or Right to choose our representatives.
The concept of Adult Franchise or Universal suffrage came into existence through the French First Republic, though limited in its nature, right to vote was extended to male members. Ergo, with the passage of time and establishment of modern states on the principle of Democracy consolidate the existence of Adult Franchise.
In India, the concept is enshrined in Article 326 in The Constitution Of India 1949, the voting age in out country is 18 years or above, earlier it used to be 21 years but through Sixty-first Amendment of the Constitution of India it was reduced with the intention that, The present-day youth are literate and enlightened and the lowering of the voting age would provide to the unrepresented youth of the country an opportunity to give vent to their feelings and help them become a part of the political process. The present-day youth are very much politically conscious. It is, therefore, proposed to reduce the voting age.
,
The rule of law is a fundamental principle of democracy and a cornerstone of a just Society. It is the idea that no one is above the law, and that everyone is subject to the same laws, regardless of their position or status. The rule of law is essential to protect individual rights and liberties, to ensure equality before the law, and to promote justice and fairness.
There are many different aspects to the rule of law, but some of the most important include:
Accountability: This means that everyone, including government officials, must be held accountable for their actions. This can be achieved through a variety of mechanisms, such as transparency, oversight, and the right to challenge decisions in court.
Administrative law: This is the body of law that governs the way that governments operate. It sets out the rules and procedures that must be followed by government officials, and it provides a system of checks and balances to ensure that they do not abuse their power.
Anti-corruption: This is a set of measures that are designed to prevent and combat corruption. Corruption is a major threat to the rule of law, as it undermines the Integrity of government institutions and erodes public trust.
Constitutional law: This is the body of law that sets out the basic principles of a country’s government. It establishes the powers and responsibilities of the different branches of government, and it protects the rights of individuals.
Due process: This is the principle that everyone is entitled to a fair and impartial hearing before they can be deprived of their rights. It is a fundamental safeguard against arbitrary government action.
Judicial independence: This is the principle that judges must be free to decide cases without fear or favor. It is essential to ensure that the judiciary is able to uphold the rule of law and protect the rights of individuals.
Legal certainty: This is the principle that the law should be clear and predictable. It is important to ensure that people know what the law is and what their rights are.
Legislative supremacy: This is the principle that the legislature is the supreme law-making body in a country. It is important to ensure that the legislature is able to pass laws that are in the best interests of the people.
Rule of law in international law: This is the principle that all countries must comply with international law. It is essential to ensure that there is a rule-based international order that protects the rights of all people.
Separation of Powers: This is the principle that the different branches of government should be separate and independent from each other. It is important to prevent any one branch of government from becoming too powerful.
Transparency: This is the principle that government decisions should be made in a way that is open and accountable to the public. It is important to ensure that people can trust their government and that they have a say in how it is run.
Trial by jury: This is the principle that people accused of crimes have the right to be tried by a jury of their peers. It is an important safeguard against arbitrary government action.
Uniformity of law: This is the principle that the law should be applied equally to everyone, regardless of their status or position. It is important to ensure that everyone is treated fairly under the law.
Veracity: This is the principle that the law should be truthful and accurate. It is important to ensure that people can rely on the law and that it is not used to deceive or mislead them.
The rule of law is a complex and multifaceted concept, but it is essential to a just and democratic society. It is important to understand the different aspects of the rule of law and to work to promote it in all countries.
What is the Rule of Law?
The rule of law is the principle that no one is above the law, and that everyone is subject to the same laws, including those in government. It is a fundamental principle of democracy and a cornerstone of a just society.
What is the role of the international community in promoting the Rule of Law?
The international community has a role to play in promoting the rule of law, including through:
Providing technical assistance and training to countries that are working to strengthen their rule of law institutions.
Supporting the development of international law and norms.
Holding countries accountable for their human rights obligations.
Promoting the rule of law through diplomacy and other means.
What are some examples of countries that have made progress in strengthening the Rule of Law?
There are many examples of countries that have made progress in strengthening the rule of law, including:
South Africa: South Africa has made significant progress in strengthening its rule of law institutions since the end of apartheid.
Brazil: Brazil has made progress in combating corruption and improving access to justice.
Indonesia: Indonesia has made progress in strengthening its judiciary and reducing corruption.
Rwanda: Rwanda has made progress in promoting the rule of law and economic development.
What are some examples of countries that have faced challenges in strengthening the Rule of Law?
There are also many examples of countries that have faced challenges in strengthening the rule of law, including:
Afghanistan: Afghanistan has faced significant challenges in establishing the rule of law in the wake of decades of conflict.
Iraq: Iraq has faced challenges in establishing the rule of law in the wake of the US-led invasion in 2003.
Libya: Libya has faced challenges in establishing the rule of law in the wake of the 2011 civil war.
Yemen: Yemen has faced challenges in establishing the rule of law in the wake of the 2015 civil war.
What is the future of the Rule of Law?
The future of the rule of law is uncertain. There are a number of challenges that could undermine the rule of law, including:
The rise of populism and nationalism
The erosion of trust in institutions
The spread of corruption
The increasing power of technology
However, there are also a number of factors that could strengthen the rule of law, including:
The growing importance of human rights
The increasing role of civil society
The development of new technologies
The strengthening of international law
The future of the rule of law will depend on the choices that we make. We must choose to uphold the rule of law, even when it is difficult. We must choose to build strong institutions and promote transparency and accountability. We must choose to combat corruption and promote justice for all. If we make these choices, we can build a more just and equitable world.
Question 1
Which of the following is not a principle of the rule of law?
(A) Equality before the law (B) The law must be applied fairly and consistently (C) The law must be made by a legitimate authority (D) The law must be obeyed by everyone, including the government
Answer: (C)
The rule of law is a principle of governance in which all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
Question 2
Which of the following is not an example of a way to promote the rule of law?
(A) Ensuring that the law is accessible to everyone (B) Providing legal education and training (C) Strengthening the judiciary (D) Increasing the number of laws
Answer: (D)
The rule of law is not about having more laws, but about having laws that are fair, just, and applied equally to everyone. It is about ensuring that everyone is accountable to the law, including the government. It is about ensuring that the law is accessible to everyone and that everyone has the right to a fair trial.
Question 3
Which of the following is not a benefit of the rule of law?
(A) It promotes stability and order (B) It protects individual rights (C) It facilitates economic development (D) It makes it easier for businesses to operate
Answer: (D)
The rule of law does not make it easier for businesses to operate. In fact, it can sometimes make it more difficult, as businesses must comply with a variety of laws and regulations. However, the rule of law is essential for a stable and prosperous society, and it is ultimately in the best interests of businesses to operate in a society that is governed by the rule of law.
Question 4
Which of the following is not a challenge to the rule of law?
(A) Corruption (B) Poverty (C) Conflict (D) Lack of education
Answer: (C)
Conflict can actually promote the rule of law, as it can lead to the establishment of new laws and institutions that are designed to prevent future conflict. However, conflict can also undermine the rule of law, as it can lead to lawlessness and violence.
Question 5
What is the most important thing that individuals can do to promote the rule of law?
(A) Obey the law (B) Hold their leaders accountable (C) Educate themselves about the law (D) All of the above
Answer: (D)
The most important thing that individuals can do to promote the rule of law is to obey the law. This is because the rule of law is based on the principle that everyone is subject to the law, including the government. However, individuals can also promote the rule of law by holding their leaders accountable, educating themselves about the law, and participating in decision-making.