January 21, 2023

Rule of Law

This article was written by SASANK MITTA is a student of Indira Priyadarsini law college.


The word rule of law explains that everything should be done according to the law, which means everything should proceed without respect to discrimination and everyone is equal respect to the law and the word is taken from the French “La principal de legalite” it defines government must behave on the principle of law, whenever we listen to the word rule of law we need to remember two names.



    Sir Edward Coke is the one who originated the rule of law, the main view of sir Edward coke was everyone should be protected by the law and everyone must have to respect the procedure of how the law works, Everything should be done lawfully and the law is supreme. 


        1. A.V. DICEY

      AV. Dicey developed the rule of law he was written a book in 1885 that is an introduction to the study of the law of the constitution and he also mentioned three separate meanings of the concept of rule of law they are:-


      Supremacy of law states that everyone should govern according to the law, no person should be punished unless the person violates the law and order, that person should be treated legally, and everyone should respect the law.


      Dicey said that ” Every official from the prime minister to a constable or collector of taxes is responsible same as any other citizen for any act done without legal justification “

      Everyone should be treated equally before all that is No one is above the law and Though a wealthy man and a poor man should face the same Punishment for the same offence, As we can see article 14 of the Indian constitution also says about the equality before the law and equal protection of law.


      The predominance of legal spirit states that the courts of law are liable for the Liberty and any rights that can be made available for the citizens of the country when they are correctly enforceable in the courts of law, dicey said that he is concerned about the fact that if the source of fundamental rights of the people is any document, the right could be abrogated at any time by amending the constitution 


      Articles 32 and 226 of the Indian Constitution, one may file a writ petition with the Supreme Court or the High Court if their rights have been violated. The legal values of justice, equality, and liberty are invested throughout the Indian Constitution. The Indian Constitution must be followed when administering any laws passed by the Central Government or State governments. Any legislatively created law that conflicts with the Constitution’s tenets would be supposed invalid. The Supreme Court of India is authorized by Composition 32 of the Indian Constitution to grant writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. To cover the “ Rule of law, ” 


      As we can see in the case of Keshav Anand Bharti vs the state of Kerala the supreme court states that the rule of law is the basic structural part of the constitution of India and international and civil society organization World justice project released the index of rule of law in that India ranked 77 out of 140 countries and Denmark stands first and Venezuela stands last.

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