Rule of Law

Rule of Law

Adjustment  of  law  to  the  social  needs  is  a  continuing  process.  Law must always be responsive to the social development. This continuing process requires watchful legislature and alert judiciary.  However,  certain  care  and  caution  regarding  the  adjustment  of law  to social  change  should  be  observed.  “The  increasing use  of  device of  legislation  in modem societies  and  the  general  orientation  of  nearly  all  start  and  elites  in  favor  of  change  and popular elections in democratic  countries as  also  the  decreasingly  conservative  attitudes of the  lawmen  including  judges,  provide  rather  simple  ways  of  adjusting  the  law  to  social change. 

The  problem today, as  one  writer  sees it,  is not  as much  of preventing  lag of  law behind social needs and development as of preserving legal security which is endangered by rapid changes in the law. “This is the interesting problem of the lag of society after changes in the law, which is a more novel problem, both from the theoretical and the practical point of view”. “The  problem  one  has  to  grapple  with  today  appears  to  be  one  arising  out  of  the  tension between the ideology of rule of law and the need for recognition of law as a means of social action. 

Law shapes  various social  institutions, which in  turn have direct impact  on society, i.e.,  compulsory  education  system,  prohibition  of  polygamy  etc.  It  has  indirect  impact  on social  change  as  where  a  new  patent  law  calls  forth  inventions  and  further  changes  in technological institutions. Law may set up new public bodies and an authority, which is turn bring about significant social and economic changes” 

 The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England. It means that no man is above the law and that every person, whatever be his rank. Dicey gave three meanings of the Rule of Law those are: 1) Absence of Arbitrary power or Supremacy of the, 2) Equality before the law, and, 3) The Constitution is the result of the ordinary law of the land.

 The first and the second aspects apply to Indian system but the third aspect of the Dicey’s rule of law does not apply to Indian system as the source of rights of individuals is the Constitution of India. The rule of law imposes a duty upon the State to take special measure to prevent and punish brutality by police methodology to a federal Government. The supreme Constitution is essential if The Indian Constitution possesses all the essential characteristics of a federal Constitution. The Constitution establishes a dual polity, a system of double Government with the Central Government at one level and the State Government at the other. There is a division of powers between the central and the State Government 

You May Also Like To Read : Salient Features of The Indian Constitution

Rule of Law Under Constitution of India

Dicey’s rule of law has been adopted and incorporated in the Constitution of India. The Preamble itself enunciates the ideals of Justice, Liberty and Equality. In part III of the Constitution these concepts are enshrined as Fundamental Rights and are made enforceable. The Constitution is supreme and all the three organs of the Government, namely, Legislature, Executive and Judiciary are subordinate to and have to act in consonance with the Constitution.

The doctrine of judicial review is embodied in the Constitution and the subjects can approach High Courts and the Supreme Court for the enforcement of Fundamental Rights guaranteed under the Constitution. If the executive or the Government abuses the power vested in it or if the action is mala fide, the same can be quashed by the ordinary courts of law.

Modern Concept of Rule Law

Davis has given seven principal meanings of the term ‘Rule of Law’ :-(1) Law and order; (2) Fixed rules; (3) Elimination of discretion; (4) Due process of law or fairness; (5) Natural law or observance of the principles of natural justice; (6) Preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and (7) Judicial review of administrative actions.

Rule of Law

Powered By 360Presence

Rule of Law Rule of Law

By Hassham

One thought on “Rule of Law – LLB – Constitutional Law Short Notes”

Leave a Reply

Your email address will not be published. Required fields are marked *