Law making procedure laid down in india constitution has been considerably influenced by the constitution of ?
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Constitution of India: In India, what exactly is "due process of law", "rule of law", and "procedure established by law?"
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Garima Singh Yadav
Answered Aug 16, 2014
hat in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects.
2. Equality Before The Law: The law administered should be the ordinary rule of law applicable to all the people equally irrespective of caste and creed or religion. This doctrine has been also included in the Indian Constitution in the form of Article 14. The excerpts of which can also be seen in Article 15. Dicey was of the view that, any encroachment on the jurisdiction of the courts and any restrictions on the subject’s unimpeded access to them are bound to jeopardize his rights.
3. Predominance Of Legal Spirit:The Constitution is not the source but the consequence of the rights of the individuals. Here, Dicey emphasized on the role of the courts. Without an authority to protect and enforce the rights conferred upon citizen, their inclusion in a document etc. is of little value. Mere inclusion is not authoritative and its provisions might be abridged, trampled or overlooked.
Adoption Of Rule Of Law In India And Supreme Court Judgments:
Fundamental rights enshrined in part III of the constitution is a restriction on the law making power of the Indian Parliament. It includes freedom of speech, expression, association, movement, residence, property, profession and personal liberty. In its broader sense the Constitution itself prescribes the basic legal system of the country. To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic State based on rule of law. The popular habeas corpus case,ADM Jabalpur v. Shivakant Shukla is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. However Justice H.R. Khanna dissented from the majority opinion and observed that “Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. Without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning…”
Applied to the powers of the government, this requires that every government authority which does some act which would otherwise be a wrong (such as taking a man’s land), or which infringes a man’s liberty (as by refusing him planning permission), must be able to justify its action as authorized by law -and in nearly every case this will mean authorized directly or indirectly by Act of Parliament.
The secondary meaning of rule of law is that the government should be conducted within a framework of recognized rules and principles which restrict discretionary powers. The Supreme Court observed in Som Raj v. State of Haryana that the absence of arbitrary power is the primary postulate of Rule of Law upon which the whole constitutional edifice is dependant. Discretion being exercised without any rule is a concept which is antithesis of the concept.
The third meaning of rule of law highlights the independence of the judiciary and the supremacy of courts. It is rightly reiterated by the Supreme Court in the case Union of India v. Raghubir Singh that it is not a matter of doubt that a considerable degree that governs the lives of the people and regulates the State functions flows from the decision of the superior courts.
Although, complet
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5 ANSWERS

Garima Singh Yadav
Answered Aug 16, 2014
hat in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its subjects.
2. Equality Before The Law: The law administered should be the ordinary rule of law applicable to all the people equally irrespective of caste and creed or religion. This doctrine has been also included in the Indian Constitution in the form of Article 14. The excerpts of which can also be seen in Article 15. Dicey was of the view that, any encroachment on the jurisdiction of the courts and any restrictions on the subject’s unimpeded access to them are bound to jeopardize his rights.
3. Predominance Of Legal Spirit:The Constitution is not the source but the consequence of the rights of the individuals. Here, Dicey emphasized on the role of the courts. Without an authority to protect and enforce the rights conferred upon citizen, their inclusion in a document etc. is of little value. Mere inclusion is not authoritative and its provisions might be abridged, trampled or overlooked.
Adoption Of Rule Of Law In India And Supreme Court Judgments:
Fundamental rights enshrined in part III of the constitution is a restriction on the law making power of the Indian Parliament. It includes freedom of speech, expression, association, movement, residence, property, profession and personal liberty. In its broader sense the Constitution itself prescribes the basic legal system of the country. To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic State based on rule of law. The popular habeas corpus case,ADM Jabalpur v. Shivakant Shukla is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. However Justice H.R. Khanna dissented from the majority opinion and observed that “Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. Without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning…”
Applied to the powers of the government, this requires that every government authority which does some act which would otherwise be a wrong (such as taking a man’s land), or which infringes a man’s liberty (as by refusing him planning permission), must be able to justify its action as authorized by law -and in nearly every case this will mean authorized directly or indirectly by Act of Parliament.
The secondary meaning of rule of law is that the government should be conducted within a framework of recognized rules and principles which restrict discretionary powers. The Supreme Court observed in Som Raj v. State of Haryana that the absence of arbitrary power is the primary postulate of Rule of Law upon which the whole constitutional edifice is dependant. Discretion being exercised without any rule is a concept which is antithesis of the concept.
The third meaning of rule of law highlights the independence of the judiciary and the supremacy of courts. It is rightly reiterated by the Supreme Court in the case Union of India v. Raghubir Singh that it is not a matter of doubt that a considerable degree that governs the lives of the people and regulates the State functions flows from the decision of the superior courts.
Although, complet
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