The wjp rule of law index is composed of 9 factors and 52 sub-factors, and covers a variety of dimensions of the rule of law—such as whether government officials are accountable under the law, and whether legal institutions protect fundamental rights and allow ordinary people access to justice. Rule according to law rule under law or rule according to a higher law the rule of law is an ambiguous term that can mean different things in different contexts in one context the term means rule according to law no individual can be ordered by the government to pay civil damages or suffer. The rule of law is a basic concern in the creation of the constitution constitutional law can only be fully and effectively implemented when the laws of a country or region as a whole are respected by the citizenry and the government. Rule of law under indian constitution: the constitution of india guarantees equality before the law, as an aspect of the rule of law, under article-14 under article 32, the supreme court has power to issue writes in the nature of habeas corpus, mandamus, prohibition, quo warrantor and certiorari. 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.
E rule of law under the indian constitution--in india, the constitution is supreme the preamble of our constitution clearly sets out the principle of rules of law when it lays down the objective of social, economic and 147adm jabalpur v state of up 1976 2 sc 52 148 dicey. Judicial review of personal laws under the indian constitution by vatsala khandelwal ba, llb (hons) – 2014 20141387 post-independence, an explicit provision in the indian constitution enabling judicial review, was considered quite significant for its presupposition of the prevalence of rule of law. Rule of law under indian constitution in india but there is no doubt that the rule of law pervades the constitution as an underlying principle but did not it is also seen as an integral part of good governance.
In modern day as well, the scheme of the indian constitution is based upon the concept of rule of law the framers of the constitution were well familiar with the postulates of rule of law as propounded by dicey and as modified in its application to british india. Doctrine of pleasure under the indian constitution is also based on the same policy considerations as it existed under the common law in england though doctrine of pleasure is accepted in india as it has developed in england, it has not been completely accepted in india. For a purposeful rule of law to exist in a society, democracy is required and for a democratic state the prevalence of rule of law is required thus, it can be concluded that democracy and rule of law are interdependent and one cannot flourish without the other. Raj narayan, the apex court held that rule of law embodied in article 14 of the constitution 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 article 329-a was inserted in the constitution under 39th amendment, which provided. Rule of law that executive must ac t under the law, and not by its own decree or fiat, is still a cardinal principle of the common law system the executive is regarded as not having any.
1308 southern california law review [vol 74:1307 ensure a working constitutional democracy, or how it might ultimately contribute to the legitimacy of constitutional democracy although it is widely believed the rule of law and constitutional. Emergency provisions under constitution of india the indian system of government is of quasi-judicial nature where resembling a federal government, powers are distributed between the centre and the state and similar to unitary form because of retention of powers to the union during emergency. Rule of repugnancy – indian constitution spread the love article 254 of the constitution makes provision, first what would happen in case of conflict between a central and state law with regard to the subjects enumerated in the concurrent list and secondly for resolving such conflict. Human rights and the indian constitution 51 introduction 52 development of the idea of human rights under the constitution of india it is said, “along with some other states, it (india) is committed to human rights 26 venkat iyer, democracy, human rights and the rule of law, (delhi: butterworths india, 2000), p37 203. Indian law follows principles of english law in most areas of law, but the law of trusts is a notable exception indian law does not recognise double ownership, and a beneficiary of trust property is not the equitable owner of the property in indian law.
Court under art 32 of the constitution, a speedy remedy available earlier however, two exceptions have been created by the 44 th amendment to the aforesaid general rule. Sur revista internacional de direitos humanos print version issn 1806-6445on-line version issn 1983-3342 the jurispathic attributes of the indian rule of law at work can be described best in terms of social reproduction of rightlessness indian judicial activism begins to make and mark a modest reversal the indian constitution: the. The term 'rule of law' is not used in the indian constitution anywhere the term is though used frequently by the indian courts in their judgments for instance, an online search of the supreme court's reportable judgments delivered between 1 january 1950 and 1 january 2010 resulted in 1,299 hits of the term 'rule of law.
National portal of india is a mission mode project under the national e-governance plan, designed and developed by national informatics centre (nic), ministry of electronics & information technology, government of india it has been developed with an objective to enable a single window access to information and services being provided by the various indian government entities. Mercy and caprice under the indian constitution indian law review, forthcoming oxford legal studies research paper no 16/2017 20 pages posted: 17 feb 2017 in one sense, mercy is about doing justice despite what the law requires mercy in this sense is a threat to the rule of law, and caprice is the price of containing that threat in. Predominance of legal spirit the doctrine of rule of law has been adopted in indian constitution the ideals of the constitution, justice, liberty and equality are enshrined (embodied) in the preamble. Indian constitution itself provides some basic rights/safeguards to the accused persons which are too followed by the authorities during the process of criminal administration of justice there are some provisions which expressly and directly create important rights in favour of the accused/arrested person.