4) Define Rule of Law. how did it help Indian citizens?
Answers
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Rule of law takes on several meanings. On one hand, it means that no person or government is above the law. In another, it means that no government or its officials can enforce laws that are unfair or unjust.those of the authors and do not necessarily reflect the views of LawTeacher.
The concept of Rule of law is of old origin and is an ancient ideal. It was discussed by ancient Greek philosophers such as Plato and Aristotle around 350 BC. Plato wrote: “Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state”.
Likewise, Aristotle also endorsed the concept of Rule of law by writing that “law should govern and those in power should be servants of the laws.” [1]The phrase ‘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. [2] Rule of law is one of the basic principles of the English Constitution and the doctrine is accepted in the Constitution of U.S.A and India as well.
The entire basis of Administrative Law is the doctrine of the rule of law. [3]Sir Edward Coke, the Chief Justice of King James I’s reign was the originator of this concept. He maintained that the King should be under God and the Law and he established the supremacy of the law against the executive and that there is nothing higher than law. [4]Later, Albert Venn Dicey (a British jurist and constitutional theorist) developed the concept in his book ‘The Law of the Constitution’ (1885). His writing on the British Constitution (which is unwritten) included three distinct though kindered ideas on Rule of law [5] :
(i) Absence of discretionary powers and supremacy of Law: viz. no man is above law. No man is punishable except for a distinct breach of law established in an ordinary legal manner before ordinary courts. The government cannot punish any one merely by its own fiat. Persons in authority do not enjoy wide, arbitrary or discretionary powers. Dicey asserted that wherever there is discretion there is room for arbitrariness.
(ii) Equality before law: Every man, whatever his rank or condition, is subject to the ordinary law and jurisdiction of the ordinary courts. No person should be made to suffer in body or deprived of his property except for a breach of law established in the ordinary legal manner before the ordinary courts of the land.
(iii) Predominance of legal spirit: The general principles of the British Constitution, especially the liberties and the rights of the people must come from traditions and customs of the people and be recognized by the courts in administration of justice from time to time.
The expression ‘rule of law’ is one which, over the years, has been used to convey a wide variety of ideas and has a number of meanings and corollaries including their criticisms. In common parlance it is often used simply to describe the state of affairs in a country where, in the main, the law is observed and order is kept – i.e., as an expression synonymous with ‘law and order’. To public lawyers, however, the phrase conveys something a little more precise. For them, the phrase is inextricably linked with the writings of Dicey. [6]
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Answer:
rule of law is law from which a democratic country function.
all the citizens are equal behind the rule of law. no one is greater than another whether he/she belongs to higher caste or religion. it helps the Indian citizens to have it's own power and rights but their power should not used in negative things.
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