Abstract
Rule of Law is one of the essential concepts of the English Constitutional System. The principle of Rule of Law implies that no one is above the law. Rule of Law eliminates the arbitrary power of the government.
Introduction
The principle of Rule of Law revolves around three meanings: Supremacy of Law; Equality before the law and the predominance of Legal Spirit. One of the important arenas that is present in the varied syllabus of Best Colleges for Law is the dynamic concept of Rule of Law. Neither any law student nor any legal practitioner can go against the philosophy of Rule of Law. It is embodied in the soul of every legal system.
Rule of Law in India
In India, the Constitution enjoys the supreme position. The preamble of our Constitution laid down the principles of Rule of Law while incorporating our forefathers’ social, economic, and political objectives. Additionally, Part -III of the Constitution guaranteed fundamental rights to every citizen of the country. The rights are enforceable under Article-32 and 226 of the Constitution of India. Hence, these articles protect against the arbitrary action of the Executive and the Legislative.
Moreover, every law, bylaws, rules, regulation, notifications, customs, and usages must be in harmonious with the constitutional requirements and must conform to the fundamental rights of the Constitution. If any such rules, regulations, laws, or bylaws fail to conform with the constitutional provisions, such laws would be declared void under Article-13 of the Constitution of India.
The law of preventive detention has been considered against the principles of Rule of Law. Therefore, such law needs to follow the procedure established by law and must be in conformity with Article-21 of the Constitution of India.
In the case of State of Bihar v. Sonawati Kumari [AIR 1961 SC 221], the Hon’ble Supreme Court while emphasizing the importance of Rule of Law in the context of Indian Constitution, observed that “It is of the essence of the Rule of Law that every authority within the state including executive government should consider itself bound by and obey the law…” Therefore, in the Constitution of India, Part-III and Part-IV together constitute an essence of Rule of Law. Fundamental Rights and Directive Principles form the arc of the Constitution.
Rule of Law in United States of America
In the United States of America, the Constitution of the US is the fundamental law of the nation. It codifies the values and aspirations of the people. Under the US Constitution, the Rule of Law is the principle which makes every people and legal entity accountable to the spirit of the law. To conform with the regulations of the rule of law, these laws must be known to the public; equally enforceable; independently adjudicated, and should be in harmony with the International legal principles.
It is to be noted that the court plays an essential role in maintaining and upholding the principles of the Rule of Law. The main objectives of the American Constitution are to ensure justice, promote equal economic opportunity and protect human dignity through the principles of Rule of Law. According to American Constitution, the Rule of law is not the ruling of the law. But it is a principle that deals with what law ought to be and how every other law should confine to this principle.
Conclusion
As a conclusion, it would be important to note that Dicey’s concept of Rule of Law cannot be taken away from the domain of basic legal principles. Each and every people should be familiar with the concept. As a result, Best Colleges for Law have embodied it as their core area of study with the objective of providing basic legal education to its students.
