The term Rule of Law means that the state is governed by the law and all the other institutions to run the state come under the law. The concept of Rule of Law is as old as the existence of state. Many western as well as Indian thinkers explained it in their theories. Plato and Aristotle described the Rule of Law as supreme and without it there would be anarchy and turmoil. Various European thinkers like Hobbes, Rousseau, Locke explained the importance of Rule of Law in the social contract theory. The ancient Indian texts also explained this concept. The Vedas described that the king should work according to Raj Dharma (Rule of the nation) and not exercise absolute powers. The laws are equal for everyone irrespective of the socio-economic status of a person, it is equal for the king as well as for the people of the state. The king is not the law but the law is the king. Chanakya explained the concept saying that the king should be governed by the word of law.
It was literally derived from the French phrase – ‘la principe de legalite’ which means the principle of legality. The theory of Rule of Law was expounded by A.V. Dicey explaining the concept in the form of three pillars or principles – Supremacy of Law, Equality before law and Predominance of legal spirit.
The current Indian Judicial system also works on the concept of Rule of Law. The Constitution of India is the most supreme law and is made and adopted by the people of India. The fundamental rights and liberty provided under the Constitution are a protection for the citizens of India granted by the concept of Rule of Law. Although the term Rule of Law is not mentioned in the constitution of India but is used multiple times by the Supreme Court of India.
Although the mighty concept of Rule of Law is not implemented and practiced as written in the laws. The practical scenario is totally different and the system has a lot of loopholes. India fails in proper implementation of law and justice, and the system is corrupt and red tapism also exists. The people get delayed justice and is often regulated by the red tapism of the judges and politicians. People do not get justice but a decision made by the court which may or may not be manipulated by some other illegal power. And therefore, the concept of Rule of Law gets below and the ruler or here, the illegal supreme power gets above.
Although the founding fathers of the Constitution laid down the concept of Rule of Law for the protection of people, for equality, justice and liberty, and gave the people their basic rights. There should be better mechanisms for governance for practically following the concept of Rule of Law. India should have new laws for governance and regulation and for achieving smooth working of Rule of Law.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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