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Rule of Law in India ( Save as .pdf )

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Published : December 12, 2012 | Author : Shivaraj S.Huchhanavar

Category : Constitutional Law | Total Views : 8995 | Rating :

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M
S
We are in Holy Orders and recognize only one law, the law of Dharma the law of life
ohembracing, sustaining and unifying all activities of life. Sankaracharya

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raAbstract:

The rule of law is a common aspiration, proclaimed by international

organizations and national governments as a pre- condition for acceptable modem
ergovernance, but in India It is only in the British Rule the concept of Rule of Law was Shivaraj
implanted in the land which was ruled by Dharma. Basically Indians are very practical S.Huchhanavar
eminded never gave undue importance to dead letter of Law they were abide by the Shivaraj
S.Huchhanavar
living norms of Dharma. Unfortunately due to impact of English education so called LL.M(Constitutional
S
learned leader of Independent India failed to access the lofty ideals of their ancestors, Law),Cleared UGC
NET 3 times. Faculty
which governed the justice administration in pre-invasion era i.e between 300 A.D to of Law in
o
h
1200 A.D. Implication of this development is that the Constitution of India is K.L.E.Society's Law
substantially built on western notions, it fail to hold Social, Political, Cultural, moral College, Bangalore.
an
and
Spiritual
ethos
of
peoples
into
it. View articles | Contact
author

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r
Today
in India Rule of Law is on its verge of losing its grounds as a potent norm of Social Order because it is not the
law can rule the country rather it is the Government of wise man rule the country, rule of law failed to achieve equali
ipetf
society
like India, it failed for the reason that most benevolent law can be executed in most tyrannical manner, rule of in
build confidence among the people even after almost 300 hundred years of its rule in this country, still more than 70 %
a
w
nrm
outside
the Law Courts. Today we see a discontent between people and the legal system and discontent among a large nu
because they do not get justice or, where it is delivered its comes too late. Problem of corruption in judiciary, politics, and
giac the country exposed the lacunas of rule of law. Problem of white collar crimes, Scams, funding for politics by w
of
influenced the legislature thereby plundering resource of the country. In light of these unhealthy developments ham
nite
growth,
the purpose of this article is to assess the relevance of rule of law in India and to deconstruct the concept of `the
is to analyse some of the weaknesses of the idea, aiming to build better legal system for the people in India based on
tlb
S
thought.

eo Rule of Law has a long normative history that privileges it as an inaugural contribution of the Euro American l
The
theory. Though there is no consensus as to the period of origin of Rule of Law it is believed that the two fundamental pri
ro Law have been in existence from earliest times: those in power should not make the laws (the separation of Powers),
of
(including those in power) should be bound by the laws. This thinking was not exclusively linked with religious belief.
vk
approach
to Rule of Law was adopted by Socrates who, when convicted by Grand Jury of Athens for corrupting youth wi
chose despite possibility of escape to accept the verdict of death, in order to demonstrate his fidelity to the supremacy
i Afterwards Plato, who expressed that Where the law is subject to some other authority and has none of its own,
Law.
state, in my view, is not far off, but if the law is the master of government and the government its slave, then the situ
c
promise
and men enjoy all the blessings all the gods shower on a state. This statement regarded to be a fountain of rule
it was considered by Aristotle stated in the politics that the Rule of Law is preferable to that of any individual and it was
e
Dicey
in his Introduction to the Study of the Law of the Constitution (1885) elaborated modern concept of

s so called lofty ideal of Anglo-Saxon jurisprudence not took much time to engulf colonies of Britten, it is the same i
This
also, though Britishers recognized that there was existence of legal system prior to their arrival, but gradually succeeded
their legal system. The concept of Rule of Law in 19th and 20th century gained much prestige as a result of which
accepted in England and its colonies but it became international norm. After independence in India Rule of law is conside
of the legal system, Rule of Law is the basic rule of governance of any civilized democratic polity. Our Constitutional s
upon the concept of Rule of Law which we have adopted and given to ourselves. Everyone, whether individually or
unquestionably under the supremacy of law. Whoever the person may be, however high he or she is, no one is
notwithstanding how powerful and how rich he or she may be. For achieving the establishment of the rule of law, the C
assigned the special task to the judiciary in the country. It is only through the courts that the rule of law unfolds it
establishes
its

Name

As I argued earlier, the concept of Rule of Law though accepted in India failed to achieve the objectives for which it has
though Judiciary affirms it as constitutional norm, never yield satisfactory fruits. Let us analyze the meaning, implication
from
its
beginning
days
in

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II.
Meaning
of
Rule
of
The profounder of modern rule of law, A.V. Dicey believed that there were two principles which were inherent in th

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