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