Rule of law

Published on 14 Jan 2025

Rule of Law implies the supremacy of law, where law is the ultimate guide in deciding what is right and what is wrong. Law treats every person equally and no person is considered above the law. In the Keshavananda Bharati case, the Supreme Court has identified the rule of law as part of India’s basic structure doctrine.

Significance of Rule of Law

• Protection of fundamental rights: The rule of law ensures that state actions are restricted within the permits of law and thus prevent them from infringing upon citizen’s rights.

• Example: In the Maneka Gandhi case, the Supreme Court stressed the procedures established by law to be fair to protect the fundamental rights of citizens.

• Ensure equality: The rule of law treats every person as an equal entity before the law, irrespective of their socio-economic background which promotes equality and brotherhood in a plural state like India.

• Example: The Supreme Court struck down Section 497 of IPC in the Joseph Shine case to ensure parity of treatment among different genders.

• Judicial independence: The supremacy of the law ensures that the judiciary is better placed to scrutinise government actions.

• Example: Supreme court in Sambamurthy vs State of Andhra Pradesh declared that executive interference with tribunal justice is violative of the rule of law.

• Democratic governance: The rule of law ensures that laws are being enforced in an accepted and beneficial manner which preserves the democratic spirit of the nation.

• Accountability and transparency: The increase in accountability, facilitated by the rule of law, reduces the likelihood of the government misusing its power.

• Example: The Right to Information Act, 2005 has established the power of legislation to bring more accountability in governance.

• Ensure social justice: The protection offered by the rule of law to less privileged sections of society is crucial in preserving social justice

• Example: Legislations like the Protection of Civil Rights Act, 1955 and SC/ST Prevention of Atrocities Act, help in preventing discrimination and preserve social justice.

Thus, the Rule of Law is one of the cardinal philosophies behind the steady functioning of India’s democratic system. The idea should be preserved and must be evolved to meet the changing needs of the time.

Tags:
Polity

Keywords:
Rule of law Keshavananda Bharati case basic structure fundamental rights equality Judicial independence

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution