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 made by these representatives. 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 legislature and the executive derive their authority from the constitution. The King is not the law but the law is king or supreme. It means that nobody is above the law including 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 protection 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 administration of justice. It is impossible to get the supremacy of law without the rule of law.
Keywords : Rule of Law, La Principe De Legalite, droit administrative, Ultra vires, Arbitrariness, Personal Liberty
Cite : Chaudhary, P. (2023). Analysis and Critically Examine the Scope of Rule of Law in India (1st ed., pp. 175-178). Noble Science Press. https://doi.org/10.52458/9789388996570.2023.eb.ch36
References :
Alexandru Stoian, The Principle Of Legality, Principle Of Public Law
David Chan Smith, Sir Edward Coke and the Development of the Rule of Law
A V Dicey, Introduction To The Study Of The Law Of The Constitution 1835-1922, (Macmillan 1915)
A V Dicey, Introduction To The Study Of The Law Of The Constitution 1835-1922, (Macmillan 1915)
David Chan Smith, Sir Edward Coke and the Development of the Rule of Law, Fifteen Eighty Four:
ADM Jabalpur v Shivkant Shukla 1976 (2) SCC 521
Som Raj v State of Haryana 1990) 2 SCC 653
Union of India v Raghubir Singh [1989] 2 SCC 754
Keshavananda Bharti v State of Kerala AIR 1973 SC 1461
