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  • Rule of Law: Submitted By: Nidhi Sheth ROLL No: 56

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    The document discusses the concept of rule of law. It defines rule of law as a government based on principles of law rather than the will of individuals. It notes that rule of law establishes the formal and ideological regulation of organized state power to prevent arbitrary rule by any single person. Some key principles of rule of law include the absence of arbitrary power, equality before the law, and protection of individual liberties and fundamental rights like freedom of speech. The document also briefly discusses two relevant Indian Supreme Court cases that established rule of law as part of the basic constitutional structure.

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    administrative study

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    Admi 6th Sem

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    The document discusses the concept of rule of law. It defines rule of law as a government based on principles of law rather than the will of individuals. It notes that rule of law establishes the formal and ideological regulation of organized state power to prevent arbitrary rule by any single person. Some key principles of rule of law include the absence of arbitrary power, equality before the law, and protection of individual liberties and fundamental rights like freedom of speech. The document also briefly discusses two relevant Indian Supreme Court cases that established rule of law as part of the basic constitutional structure.

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    5 views6 pages

    Rule of Law: Submitted By: Nidhi Sheth ROLL No: 56

    Uploaded by

    nidhi sheth
    The document discusses the concept of rule of law. It defines rule of law as a government based on principles of law rather than the will of individuals. It notes that rule of law establishes the formal and ideological regulation of organized state power to prevent arbitrary rule by any single person. Some key principles of rule of law include the absence of arbitrary power, equality before the law, and protection of individual liberties and fundamental rights like freedom of speech. The document also briefly discusses two relevant Indian Supreme Court cases that established rule of law as part of the basic constitutional structure.

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    RULE OF LAW

    SUBMITTED BY:
    NIDHI SHETH

    ROLL no:
    56
    Concept of Rule of Law
    Rule of law is a supreme manifestation of human civilization and culture
    and is new lingua Franca of global moral thought.

    Doctrine of State political morality

    Rule of Law is derived from the French phrase la principe de legalite (the
    principle of legality) which refers to a government based on principles of law
    and not of men.
    Rule of
    law

    Formalistic Ideological
    sense sense

    Regulation of
    Organised power
    relationship of the
    opposed to a rule
    citizens and the
    by one man.
    government
    Diceys Important principles

    Absence of Equality Individual


    arbitrary before law liberties
    power

    No man Right, freedom,


    Limited More discretion,
    punished No one above fundamental
    discretions for more
    except breach the law right, right to
    organs arbitrariness
    of law speech
    Case Law
    1. Keshavananda Bharti v. State of Kerala
    rule of law is a part of basic structure on the Indian
    constitution, therefore, it can not abrogated or
    destroyed by the parliament.

    2. Indira Gandhi V. Raj Narain


    Art 329-a of the constitution provide certain
    immunities to the election of office of P.M from
    judicial review. Art violated the concept of basic
    structure and it offends the concept of rule of law.
    Thank you!

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