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Aparna
Aparna

Aparna

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Aparna
Asked: October 31, 20212021-10-31T15:37:31+05:30 2021-10-31T15:37:31+05:30In: Polity

Describe CJI delivers a lecture on ‘Rule of Law’?

Describe CJI delivers a lecture on ‘Rule of Law’?

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      [Deleted User]
      2021-10-31T15:41:19+05:30Added an answer on October 31, 2021 at 3:41 pm

      Context:

      Judiciary cannot be controlled, directly or indirectly, by the legislature or the executive, or else the ‘rule of law’ would become illusory, Chief Justice of India N V Ramana asserted. At the same time cautioned judges against being swayed by social media.

      Rule of law in India

      • The concept of Rule of law is of old origin and is an ancient ideal.
      • It was discussed by ancient Greek philosophers such as Plato and Aristotle around 350 BC. 
      • The phrase ‘Rule of Law’ is derived from the French phrase ‘la Principe de legality (the principle of legality) which refers to a government based on principles of law and not of men.
      • In India, the concept of Rule of law can be traced back to the Upanishads. Even today, the scheme of the Indian Constitution is based upon the concept of rule of law.
      • The doctrine of Rule of Law as enunciated by Dicey has been adopted and very succinctly incorporated in the Indian Constitution.
      • The ideals of the Constitution are enshrined in the Preamble itself (which is part of the Constitution)-
        • Justice
        • liberty
        • Equality
      • The Constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it.
      • Any law which is found in violation of any provision of the Constitution, particularly, the fundamental rights, is declared void.
      • Rule of law in plain language can be defined as a situation in which the law of the land is superior to the government ruling the land.

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