SUBMITTED TO DR. C L BANSAL MEMBERS (GROUP 1) AAKASH GULATI (12P061) ABHISHEK ARORA (12P062) ACHAL JAIN (12P063) AITIJHYA SARKAR (12P064) RISHITA SAMAL.

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SUBMITTED TO DR. C L BANSAL MEMBERS (GROUP 1) AAKASH GULATI (12P061) ABHISHEK ARORA (12P062) ACHAL JAIN (12P063) AITIJHYA SARKAR (12P064) RISHITA SAMAL (12P065) AKASH MITTAL (12P066) Rule of Law

What is ‘Rule of Law’? French phrase “la principle da legalite” means the principle of legality Government based on the principles of law and no one is above it  Govt. authority is exercised by written, publicly disclosed laws adopted & enforced with established procedural steps Major components of ‘Rule of Law’:  Clear set of laws that are freely and easily accessible to all  Strong enforcement structures  An independent judiciary to protect citizens against the arbitrary use of power by the state, individual or organization

Rule of Law: Characteristics Modern Rule of Law, based on late Prof. AV Dicey book “Law and Constitution” which states 3 important characteristics:  Supremacy of Law: The supremacy of law means that all persons (individuals and government) are subject to law  Equality before Law: It should be applicable to all the people equally irrespective of caste and creed or religion  The State shall not deny any person equality before law or equal protection of laws within the territory of India  Every accused person should be entitled to a fair trial and to have his conduct assessed by impartial judges  Predominance of Legal Spirit: The Constitution is not the source but the consequence of the rights of the individuals  Courts act as an authority to protect and enforce the rights conferred upon citizen

Rule of Law in India: Supreme Court Judgments Habeas corpus case, ADM Jabalpur vs. Shivakant Shukla  The right of an individual to be protected by the court from arbitrary detention was violated Kesavananda Bharati vs. State of Kerala (1973)  The Supreme Court enunciated the ‘Rule of Law’ as one of the most important aspects of the doctrine of basic structure  Rule of Law binds the parliament of India

International Perspective Significance –  Application in International Relations and other subjects of international law  Privilege international law over national law  e.g. the primacy of human rights covenants over domestic legal arrangements  The emergence of a normative regime that touches individuals directly without formal mediation through existing national institutions Charter of The United Nations

Critique of Rule of Law Government violates ‘Equality before law’  No cases on Bureaucrats & Diplomats  No criminal proceeding against President or Governor  Privileges enjoyed by MP with respect to legal actions against them Laws opposed to ‘Personal Liberty’  Preventive Detention Act, 1950  Maintenance of Internal Security Act, 1971  National Security Act, 1980

THANK YOU!