RULE OF LAW IN INDIAN

CONSTITUTION PART 1
 “The bedrock of our democracy is the “Rule of
Law” and that means we have to have an
independent judiciary, judges who can make
decision independent of the political winds that
are blowing– Caroline Kennedy
 The Constitution of India has defined and
declared the common goals for its citizens as “To
secure to all citizens of India, Justice – Social,
Political and Economic. The eternal value of the
constitutionalism is the Rule of Law which has
three facets i.e. “Rule by law, Rule under law and
Rule according to law”. Rule of Law embodies
the doctrine of Supremacy of law.
 It is basic and fundamental necessity for a
disciplined and organised society. If a government
acts according to the principle of Rule of law then
individual liberty and right can be better protected.
The principle implicit in the Rule of law is that the
government must act under the law, and not by its
own decree or fiat, is still a cardinal principle of the
common law system.
 The basic purpose of the law is the quest for the
Justice which should be administered without fear
and favour. As George Gurvitch says, Justice is used
in two senses- “faithful realization of the existing
laws against any arbitrary infraction of it”, and
search for “ideal element in all law,” that is the idea
which the law tends to subseve.”
 Law is unpreventable and the rival that is the
anarchist regards ‘Justice’ as mask to dominate the
weak by the strong. Similarly, the communist
considered law as a medium of domination of the
proletariat by the bourgeoisie. But despite this
view everybody concurs that the law is the
fulfilment of the legitimate expectation of an
individual and it protects the individual against the
violation of his rights.
 The concept of the Rule of law is that the state is
governed, not by the ruler, nor by the nominated
representatives of the people but the state is
governed by the laws. A country that enshrines
the “Rule of Law” would be one where in the
grundnorm of the country, or the basic and core
law from which all other derives its authority is
the supreme authority of the state. The monarch
or the representatives of the republic are
governed by the laws derived from the
Grundnorm and their powers are limited by the
law. “The king is not the law but the law is the
king.”
  The rule of does not mean that the protection of
the law must be available only to a fortunate few or
that the law should be allowed to be prostituted by
the vested interests for protecting and upholding
the status quo under the guise of the enforcement
of their civil and political rights. The poor too have
the civil and political rights and the rule of law is
meant for them also, though today it exists only on
paper and not in the reality. Rule of law and
independence of judiciary go hand in hand.
 There cannot be a Rule of law without an
independent judiciary. Judiciary is an essential part
of the life of a nation like the legislature and
executive. No society can exist without the concept
of rule of law and independent mechanism.
Therefore the impartiality and independence of
Judiciary depends on the high standards of the
conduct of Rule of law.
 In Menaka Gandhi vs. Union of India - The Supreme
Court declared that Article 14 strikes against
arbitrariness. In Indira Gandhi Nehru vs. Raj Narayan,
Article 329-A was inserted in the Constitution under
39th amendment, which provided certain immunities
to the election of office of Prime Minister from judicial
review. The Supreme Court declared Article 329-A as
invalid since it abridges the basic structure of the
Constitution.
Sources

 https://lawcorner.in/rule-of-law-indian-consti
tution/