18.There is Rule of Law in India. Explain.;
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Answer:
The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution.
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Rule of Law In India: An Analysis
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The term Rule of Law is derived from a French phrase La Principe de Legalite meaning the Principle of legality and referring to a Government based on principles of Law and not men. The Black’s Law Dictionary defines it as Legal Principles of day to day application, approved by the Governing bodies or authorities and expressed in the form of logical proposition.
According to Prof. A.V. Dicey in his book The Law of the Constitution (1885) defined The Rule of Law as the the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or even of wide discretionary authority on the part of Government. Legislature, Executive and Judiciary helps to maintain the system of checks and balances and ensures the Laws are fulfilling the purposes they were made for. No one is subject to any action by any government agency other than in accordance with the law and the model litigant rules. The judiciary is independent and impartial.
This concept is very old and its roots can be traced in the history of governance. In the thirteenth century, Bracton, who was a judge during the reign of Henry III introduced this concept without christening it. He wrote: .....The king himself ought to be subject to God and the law, because law makes him king.
The Magna Carta, Mayflower Compact, English bill of rights, Cato’s Letter, Common Sense played major roles in the evolution of this concept .In India, the concept of Rule of Law can be traced back to the Upanishad. Its traces can also be found in the epics like Mahabharata and Ramayana, Ten Commandments, Dharma Chakra and other seminal documents. Modern concept was developed by the International Commission of Jurists, known as Delhi Declaration, 1959, which was later on confirmed at Lagos in 1961.