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.
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