Legal Explainer: The Rule of Law in India

 Legal Explainer: The Rule of Law in India

The Rule of Law is a fundamental principle of governance that ensures no one is above the law, and all individuals and institutions, including the government, are subject to legal principles applied fairly and consistently.

Key Features of the Rule of Law:

1. Supremacy of Law:
   • The law governs all actions, and no individual or authority can act arbitrarily.
2. Equality Before Law:
   • Under Article 14 of the Indian Constitution, all citizens are equal before the law, preventing discrimination.
3. Legal Certainty and Fairness:
   • Laws must be clear, publicized, and applied consistently, ensuring predictability in governance.

Application in Indian Law:

• Article 21 (Right to Life and Personal Liberty): Protects individuals from arbitrary state actions.
• Judicial Review: Courts ensure that government actions comply with constitutional principles.
• Separation of Powers: Prevents concentration of power by ensuring checks and balances among the Legislature, Executive, and Judiciary.

Landmark Judgments:

• Kesavananda Bharati v. State of Kerala (1973): Established the Rule of Law as part of the Basic Structure Doctrine, preventing arbitrary amendments.
• Maneka Gandhi v. Union of India (1978): Expanded Article 21, ensuring that laws and government actions must be just, fair, and reasonable.

Significance:

• Protects citizens’ rights from government overreach.
• Ensures fair governance by holding authorities accountable.
• Strengthens democracy and constitutional supremacy.

The Rule of Law remains a cornerstone of Indian democracy, ensuring justice and legal integrity in governance.