SUPREMACY OF LAW IS THE AIM, RULE OF LAW IS THE BEST TOOL TO ACHIEVE THIS AIM: ANALYSIS AND CRITICALLY EXAMINE THE SCOPE OF RULE OF LAW IN INDIA
Journal: SRJ'S FOR HUMANITY SCIENCES & ENGLISH LANGUAGE (Vol.3, No. 9)Publication Date: 2014-05-04
Authors : Rajesh Kumar;
Page : 2219-2227
Keywords : Rule of Law; La Principe De Legalite; droit administrative; Ultra vires; Arbitrariness; Personal Liberty;
Abstract
The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution. The King is not the law but the law is king. It means that the law rules over all people i ncluding the persons administering the law. The law makers need to give reasons that can be justified under the law while exercising their powers to make and administer law. Rule of Law plays an important role in the democratic countries. It provides prote ction to the people against the arbitrary action of the administrative authorities. The expression ‘rule of law’ has been derived from the French phrase ‘la Principle de legality’ i.e. a government based on the principles of law. In simple words, the term ‘rule of law, indicates the state of affairs in a country where, in main, the law rules. Law may be taken to mean mainly a rule or principle which governs the external actions of the human beings and which is recognized and applied by the State in the admi nistration of justice. It is impossible to get the supremacy of law without the rule of law
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