What is the principle of rule of law in India? and dicey concept?
What is the rule of law?
The rule of law is a fundamental principle of governance that ensures that everyone, including individuals and institutions, is subject to the law and is accountable under the law. The rule of law implies that no one is above the law and that all individuals are equal before the law, regardless of their social status, wealth, or political power.
Concept of dicey
In India, the principle of the rule of law is enshrined in the Constitution and has been developed through judicial decisions over time. The key components of the rule of law in India include:
Supremacy of the Constitution: The Constitution is the supreme law of the land, and all other laws must conform to its provisions.
Equality before the law: All individuals are equal before the law and are entitled to the same protections and remedies under the law.
Protection of fundamental rights: The Constitution guarantees fundamental rights to all citizens, including the right to life and liberty, freedom of speech and expression, and the right to equality before the law.
Separation of powers: The Constitution divides power between the legislature, executive, and judiciary, and ensures that no one branch of government has unchecked power.
Independent judiciary: The judiciary is independent and has the power to interpret and enforce the Constitution and other laws.
These principles are similar to the Dicey concept, with a few differences. In India, the principle of the rule of law is based on the Constitution and reflects the country’s unique social and political context. Additionally, the Indian concept of the rule of law places greater emphasis on protecting fundamental rights and ensuring that the judiciary is independent and effective in enforcing the law.