What is the basis of the rule of law in India?

In other words, as per Article 13 of the Indian Constitution rule of law means law of land. According to Black’s Law Dictionary: “Rule of Law” means legal principles of day to day application, approved by the governing bodies or authorities and expressed in the form of logical proposition.

What is the rule of law based on?

Rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles.

Where is rule of law in the Constitution?

Article VI of The United States Constitution states that the “Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made or shall be made, under the Authority of the United States, shall be the Supreme Law of the Land.” This is commonly referred to as the Supremacy …

What are the basic rules of Indian Constitution?

Supremacy of law: No man is above the law. No man is punishable by law except for a distinct breach of the same. The government cannot punish anyone at its own whims and fancies. Wherever there is discretion there is room for arbitrariness and thus law must always protect individuals against arbitrary discretion.

Who made rule of law?

Ancient Greek philosopher Aristotle outlines the Rule of Law in this work titled Politics. The Rule of Law is a principle that all people and organizations within a country, state, or community are held accountable to the same set of laws.

What the rule of law means?

Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated. And consistent with international human rights principles.

What are the elements of Rule of Law?

What follows are some non-exhaustive elements of the rule of law concept analyzed in this essay: 1) access to justice and judicial review; 2) legal certainty; 3) proportionality; 4) equality and non-discrimination; and 5) transparency. This short essay is structured in the following manner.

What is the foundation of law?

Constitutions are the foundation for a state or nation’s other laws, providing the country’s legislative, executive, and judicial framework. Among the nations of the world, the United States has the oldest constitution still in use.

How many laws are in the constitution?

As of January 2017, there were about 1,248 laws. However, since there are Central laws as well as State laws, it is difficult to ascertain their exact numbers as on a given date and the best way to find the Central Laws in India is from the official websites.

What is the rule of law in India?

In the Indian Constitution, Rule of Law has been adopted under the Preamble where the ideals of justice, liberty and equality are enshrined. The Constitution has been made the supreme law of the state, and other laws in conformity with the Constitution.

What are the goals of the Constitution of India?

The Constitution of India has defined and declared the common goals for its citizens as “To secure to all citizens of India, Justice – Social, Political and Economic. The eternal value of the constitutionalism is the Rule of Law which has three facets i.e. “Rule by law, Rule under law and Rule according to law”.

What is Article 19 1 a of the Indian Constitution?

Article 19 (1) (a) of the Indian constitution guarantees the third principle of the Rule of law (freedom of speech and Expression). No person can be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence is also very well recognized in the Indian Constitution. [11]

How is the rule of law applied in the Constitution?

The rule of the law as an overarching principle can be applied by the constitutional courts, in the rarest of rare cases and the courts can undo laws, which are tyrannical, violate the basic structure of the constitution and norms of law and justice.”