the constitution establishes the rule of law in India. justify
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Answer:
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Explanation:
Most famously in the case of Kesavananda Bharati v. State of Kerala[vii] the Supreme Court held that the Rule of Law is an essential part of the basic structure of the constitution and as such cannot be amended by any Act of Parliament, thereby showing how the law is superior to all other authority of men.mark as brainliest pls
The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. 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. The paper begins by providing an introduction to Dicey’s three pillars on what a Government must be based on and how the Indian Constitution fulfills these three requirements. Later, it discusses the theoretical and practical application of this rule of law in India.
INTRODUCTION TO RULE OF LAW
The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. A county that enshrines the rule of law would be one wherein the Grundnorm[i] of the country, or the basic and core law from which all other law derives its authority is the supreme authority of the state. The monarch or the representatives of the republic are governed by the laws derived out of the Grundnorm and their powers are limited by the law. The King is not the law but the law is king[ii]
The origins of the Rule of Law theory can be traced back to the Ancient Romans during the formation of the first republic; it has since been championed by several medieval thinkers in Europe such as Hobbs, Locke, and Rousseau through the social contract theory. Indian philosophers such as Chanakya have also espoused the rule of law theory in their own way, by maintaining that the King should be governed by the word of law.
The formal origin of the word is attributed to Sir. Edward Coke, and is derived from French phase ‘la principe de legalite’ which means the principle of legality. The firm basis for the Rule of Law theory was expounded by A. V. Dicey and his theory on the rule of law remains the most popular. Dicey’s theory has three pillars based on the concept that “a government should be based on principles of law and not of men”, these are:
Supremacy of Law:
This has always been the basic understanding of the rule of law that propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law.
Equality before the Law:
While the principle of supremacy of law sets in place cheques and balances over the government on making and administering the law, the principle of equality before the law seeks to ensure that the law is administered and enforced in a just manner. It is not enough to have a fair law but the law must be applied in a just manner as well. The law cannot discriminate between people in matters of sex, religion, race etc. This concept of the rule of law has been codified in the Indian Constitution under Article 14 and the Universal Declaration of Human Rights under the Preamble and Article 7.