Rule of law under Indian Constitution
INTRODUCTION
India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to its citizens and under which most important is the “Equality before the law” and “Equal protection of Law”. The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it. Any law which is found in violation of any provision of the constitution, particularly, the fundamental rights, is declared void.
The Indian constitution also incorporate the first principle of Dicey i.e. equality before law and equal protection of laws. The Rule of Law embodied in Article 14 is the “basic feature” of the Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. In India, the meaning of Rule of Law has been applied differently in different cases by the judiciary. Before moving further, dimensions of Article 14 of the Constitution of India is very vital to discuss. Both positive as well as negative discrimination of this Article came and Supreme Court and various High Courts from time to time have summarized their decisions in different cases.
Dicey’s rule of law has been adopted and incorporated in the Indian Constitution. The Preamble itself enunciates the ideals of justice, liberty and equality. In chapter III of the Constitution, these concepts are enshrined as fundamental rights and are thus made enforceable. The Constitution is supreme and all the three organs of the government, viz. legislature, executive and judiciary are subordinate to and have to act in accordance with it. The principle of judicial review is embodied in the Constitution and subjects can approach the High Courts and Supreme Court for the enforcement of fundamental rights guaranteed under Indian
India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to its citizens and under which most important is the “Equality before the law” and “Equal protection of Law”. The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it. Any law which is found in violation of any provision of the constitution, particularly, the fundamental rights, is declared void.
The Indian constitution also incorporate the first principle of Dicey i.e. equality before law and equal protection of laws. The Rule of Law embodied in Article 14 is the “basic feature” of the Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. In India, the meaning of Rule of Law has been applied differently in different cases by the judiciary. Before moving further, dimensions of Article 14 of the Constitution of India is very vital to discuss. Both positive as well as negative discrimination of this Article came and Supreme Court and various High Courts from time to time have summarized their decisions in different cases.
Dicey’s rule of law has been adopted and incorporated in the Indian Constitution. The Preamble itself enunciates the ideals of justice, liberty and equality. In chapter III of the Constitution, these concepts are enshrined as fundamental rights and are thus made enforceable. The Constitution is supreme and all the three organs of the government, viz. legislature, executive and judiciary are subordinate to and have to act in accordance with it. The principle of judicial review is embodied in the Constitution and subjects can approach the High Courts and Supreme Court for the enforcement of fundamental rights guaranteed under Indian