Lesson: The Rule of Law and Why It Matters | Facing History
Students create a working definition of rule of law and investigate how it's challenged the rule of law defines the relationship between representatives and citizens havoc of mankind like the Royal of Britain in America THE LAW IS KING. The rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating to Magna Carta of In , British Crown rule was established in India, ending a the establishment of an education system in English and of law and order.
Though Maharashtra, GujaratKerala and Delhi have passed their own legislations in this regard but these laws appear to be derived from the same Indian Police Act of It means they can be removed from their post without any reason being explained to them. Indian Evidence Act, This Act was passed by the British Government in Though it is not valid on arbitration.
From Empire to Independence: The British Raj in India 1858-1947
This Act elaborates upon the items that can be used as evidences and to be informed to the court of law in advance. Therefore, this Act is playing an important role in various legislations even after years of its implementation though may be in amended forms. A Potpourri of Vestiges 6. Income Tax Act, On the basis of this act, income tax is imposed in India.
This act gives directions about levying tax, collection and its basic structure. This Act talks about levying income tax on the income of political parties Also. Any party which accepts the donation of more than 10, from an individual or a society will have to disclose the source of its income. However, all the Political Parties claim that they received all the donations of less than Rs.
The Foreigners Act, This act was passed before independence. According to this Act, any person who is not a citizen of India is a Foreigner.
- Which British Laws are still used in India
- The Rule of Law and Why It Matters
- Rule of law
Whether an individual is Foreigner or not will be proved by the individual himself. If anyone has doubt about any foreigner residing in India illegally for more than the permissible time period, he has to inform to the nearest police station within 24 hours of getting the information. Otherwise, that person will also be liable for legal proceedings. Under the stewardship of its chairman, Thomas Babington Macaulay, the Indian Penal Code was drafted, enacted and brought into force by The Code of Criminal Procedure was also drafted by the same commission.
Host of other statutes and codes like Evidence Act and Contracts Act Law after Independence At the dawn of independence, the parliament of independent India was the forge where a document that will guide the young nation was being crafted.
It will fall on the keen legal mind of B. Ambedkar to formulate a constitution for the newly independent nation. The Indian Bar had a role in the Independence movement that can hardly be overstated — that the tallest leaders of the movement across the political spectrum were lawyers is ample proof. The new nation saw its first leader in Jawaharlal Nehru, and a paternal figure in M.
Gandhi, both exemplary lawyers. Perhaps it is the consequent understanding of law and its relation to society that prompted the founding fathers to devote the energy required to form a Constitution of unprecedented magnitude in both scope and length.
The Constitution of India is the guiding light in all matters executive, legislative and judicial in the country. Rule of Law as has been discussed postulates control on power. Judicial review is an effective mechanism to ensure checks and balances in the system. Thus, any provision which takes away the right to judicial review is seen to go against the very fibre of Rule of Law.
In the case of S. Union of India [xxiii]the courts have reiterated that judicial review is part of the basic structure of the Constitution.
Rule of law in the United Kingdom
In India, the meaning of rule of law has been expanded. It is regarded as a part of the basic structure of the Constitution and, therefore, it cannot be abrogated or destroyed even by Parliament. The ideals of the Constitution- liberty, equality and fraternity have been enshrined in the preamble. Constitution makes the supreme law of the land and every law enacted should be in conformity to it. Any violation makes the law ultra vires. Rule of Law is also reflected in the independence of the judiciary.
This was in the context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. The question of encroachment of the judiciary over the other organs of the government in the name of activism always persists.
The extent to which the courts can limit the exercise of other organs is to be pondered upon. The principle of Rule of Law does not also allow the self- conferment of power by the judiciary.
Rule of Law in India
Corruption, fake encounters, unfair policies all undermine rule of law. This itself has been criticized widely. The government possesses the inherent authority to act purely on its own volition and without being subjected to any checks or limitations. Total equality is possible to prevail in general conditions, not only in India but in any country for that matter.
The vast jurisprudence that has been developed by the courts is to ensure that state is bound by its welfare functions and the rights of none are abridged by a tyrant hand. They are to bring in interpretations of laws that are in tune with the principles enshrined in the Constitution. However, there have been instances of the judiciary being marred by corruption and to tackle judicial corruption, it is needed to keep judiciary out of the influence and control of the Legislative or executive.
There is also the need for a speedy justice delivery system. It should also from time to time keep an eye on the social changes and scientific advancement so that the laws meet the demands of the time.
Article 2 of the Constitution must be amended because it promotes and protects the corruption or Horse trading in Parliament which is against the notion of democracy and Rule of Law. The Executive should also refrain from executing the laws which are against natural justice or in violation of the rights, liberties and freedom of common man or is against the state or constitution in particular. This is the doctrine of Self -Restraint, whereby, all the organs try to fulfil the aspirations of the nation and uphold the rule of law, without interfering into the domain of the other.
The Constitution must in all circumstances be considered supreme, and the laws made by the legislature should pass the test of reasonableness and the objectives of the Constitution. If any organ of the Government crosses its limits or encroaches upon the powers of the other organs or exceeds its jurisdiction, the act shall be considered as invalid and any abuse of law or any action shall be termed as void ab initio; and the principle of checks and balance will come into play to ensure the sustenance of the principle of Rule of Law.
Edited by Kudrat Agrawal  Olga Tellis v. Every male citizen over thirty years of age, of whatever class or wealth, was eligible to serve for pay on juries that decided legal cases; they also served as magistrates, on the governing Council with a rotating headand on legislative assemblies, with positions filled by lot.rule of law in hindi│constitutional law in india│administrative law in india│अनुच्छेद 14│मूल अधिकार
To insure accountability, magistrates presiding over cases could be charged with violations of the law by complaints from private citizens.