The Rule of Law underwent an evolution during colonial rule.’. Highlight the contribution of the Indian Judges and Lawyers in the process.
Answers
Explanation:
In other words, as per Article 13 of the Indian Constitution rule of law means law of land. According to Black's Law Dictionary: “Rule of Law” means legal principles of day to day application, approved by the governing bodies or authorities and expressed in the form of logical proposition.
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The Rule of Law was first originated by Sir Edward Coke, the Chief Justice in England at the time of King James I. Coke was the first person to criticise the maxims of Divine Concept. He strongly believed that the King should also be under the Rule of Law. The Rule of Law doctrine was later developed by A.V. Dicey in his book, “Introduction to the Law of Constitution (1885).” The Rule of Law according to Dicey means that no man is punishable or can be lawfully made to suffer in body or goods except for distinct breach of law and no man is above the law. The term Rule of Law thus, means the paramountcy of Law over Government.
Three principles proposed by A.V. Dicey
1. Absolute supremacy of Law
2. Equality before law
3. Predominance of legal spirit.
Dicey’s rule of law consists of following three meanings:
1. Equality before the law:
Dicey says it emphasises the impartiality of law. It means that there shall be no distinction between the rich and the poor, officials and non-officials,majority and minority, no one can be degraded and no one can be upgraded. Law gives equal justice to all.
2. Rule of Law alone:
The Rule of Law rejects all kinds of arbitrary and discretionary powers of the government or public officials. It implies that a man may be punished for a breach of law but he can’t be punished for anything else. An alleged offence is required to be proved before the ordinary courts in accordance with the legal procedure.
3. Constitutional Law stems from ordinary law:
It is generally presumed that the written constitution is the source of legal liberties of citizens. However, it is not true as Britain has an “unwritten Constitution.” Legal spirit is the real source of law in England. The legal spirit is seen in its customs, conventions and judicial decisions. Dicey opines that the individual rights and liberties are more safely protected in Britain than France.
The basic features of Rule of Law as per Dicey:
a) Law does not recognise any special rights for any individual or group of individuals.
b) Law does not recognise any distinction between one individual and the other on the basis of religion, race, sex, etc.
c) None is punished without proper trial.
d) All will be tried by the same court under the same law.
e) The rule of law does not give scope to absolute and arbitrary powers to the executive.
Merits of the Rule of Law:
1. It reverses the tyranny or anarchy.
2. It puts legal barriers to governmental arbitrariness.
3. It provides safe guards for the protection of individuals.