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26791089 Rule of Law in India

26791089 Rule of Law in India

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Published by: Tilottoma Bosu on Jan 04, 2013
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R ule of law in India ?
By Arpit BatraThe constitution of India declares that weare a Democratic. Secular and a SocialistRepublic. The Rule of law governs ourcountry. 'Equality before law' and 'Equalprotection of law' are the most fundamentalright conferred on its citizens. We have alengthy constitution and some otherwonderful laws. Independence of judiciaryand highly qualified bureaucrats are theneed of the hour. In the present situation,many just exist on paper.The question is about our compliance withthe ‘Rule of Law’.Rules of law contains three principles or ithas three meanings as stated below:1. Supremacy of I.aw2. Equality before Law3. Predominance of Legal SpiritThe doctrine of Rule of Law has beenadopted in Indian Constitution. The idealsof the Constitution, justice, liberty andequality are enshrined (embodied) in thepreamble.The Constitution of India has been made thesupreme law of the country and other lawsare required to be in conformity with theConstitution. Any law which is found inviolation of any provision of theConstitution is declared invalid.In India, the meaning of rule of law hasbeen much expanded. It is regarded as apart of the basic structure of theConstitution and, therefore, it cannot beabrogated or destroyed even by Parliament.It is also regarded as a part of natural justice.In
Keshavanda Bharti vs. State of Kerala
(1973) The Supreme Court enunciated therule of law as one of the most importantaspects of the doctrine of basic structure.In
Menaka Gandhi vs. Union of India
, AIR1978 SC 597 The Supreme Court declared
that Article 14 strikes against arbitrariness.How many people respect or pay heed tothis fundamental principle? In our country,there are many innocent people who areheld guilty only because of the maliciousacts of a few hypocrites. We know of anumber of members of legislature andparliament who are facing criminalprosecution. It is a farce to talk of a nationruled by highly qualified excellent men.Politics has become the refuge of scoundrels, black marketers, corrupt andthe mean to wield influence and forpersonal exaltation. It is really difficult tofind good candidates during elections. Ourleaders are law into themselves.There is neither justice to the victims norfairness to the accused. Then what kind of ‘Rule of Law‘are we talking about.The judiciary is not above board, there havebeen abundant rumors about the adulterousand extravagant lives led by the judgesfrom the lower to the highest judicialofficers.The police just don’t care about thelandmark judgment of D.K. Basu or Section160 Criminal Procedure Code or any other judgment. The custodial violence has gonebeyond description. Rape, molestation,murder are all becoming commonoccurrences in police custody.The injuries are not noted downscrupulously and valuable evidence is lostbecause of the neglect and lethargy of themedical profession. The most recent casebeing the Arushi Murder Case in which theinvestigation was done by the CBI. Theactual vaginal swab was not sent forforensic examination. Is this acceptablenegligence or voluntary negligence. We stilldo not have an answer.With the laws in favor of women, Is there alegal authority or sanction to check such amisuse? I am aware that the judiciary hastried to act in this regard but there is noformal structure to check such an abuse.The people including public servants just

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