THE IMPORTANCE OF THE RULE OF LAW IN A DEMOCRATIC SOCIETY

ABSTRACT

A fundamental pillar of democratic societies Is the rule of law, which ensures that everyone, including individuals, organizations, and governments, is subject to legal standards. This principle establishes a system of equitable and impartial application of laws, creating a foundation for justice, responsibility, and equal treatment. By mandating that authority is exercised in accordance with established legal guidelines, the rule of law shields citizens from capricious actions and misuse of power. Additionally, it maintains the division of powers among executive, legislative, and judicial branches, guaranteeing that checks and balances exist to prevent any single entity from accumulating excessive control. In a democracy, the rule of law safeguards essential rights and liberties for all, cultivating an environment where justice triumphs over tyranny.

Furthermore, the rule of law is crucial in fostering trust and stability within democratic societies. It offers a means to settle conflicts peacefully, preserve public order, and protect the rights of both majority and minority groups. This legal structure supports democratic practices, such as unbiased elections, by ensuring they are conducted with transparency and in compliance with the law. It also enables citizens to hold their leaders accountable, reinforcing the notion that those in positions of authority must govern within legal boundaries. Without adherence to the rule of law, democracies risk descending into disorder, corruption, or authoritarian rule. Consequently, the rule of law is not merely a legal concept but a vital foundation that upholds the integrity and operation of a democratic society.

KEYWORDS

Rule of law, Organizations, Government, Justice, Capricious actions , misuse of power, Executive, Legislative, Judicial branches, Fostering trust, public order, Majority groups, minority groups Disorder, corruption, Democratic society.

INTRODUCTION

In a democratic society, the rule of law serves as a cornerstone, ensuring equal treatment for all individuals regardless of their position. This legal framework safeguards personal liberties and rights, shielding citizens from arbitrary actions by those in power and protecting them from oppression and unfair treatment. Within a democracy, where the people are the source of authority, adherence to legal principles constrains governmental actions, preventing the abuse of power.

A fundamental pillar of democratic societies Is the rule of law, which ensures that all entities, from individuals to government bodies, are held accountable under a common legal framework. This principle establishes a just system where laws are implemented equitably, openly, and uniformly, without prejudice or preferential treatment. It safeguards essential rights, constrains the capricious use of authority, and mandates that governance adheres to legal parameters. By enforcing legal equality, it guarantees that no individual, regardless of their status or clout, is exempt from legal obligations. The rule of law serves as a bulwark against authoritarian tendencies and forms the basis for preserving order, stability, and public confidence in democratic institutions.

In democratic systems, the rule of law is also vital in fostering participatory governance, empowering citizens to engage in political processes and demand accountability from their leaders. It ensures that legislation is created through democratic means, reflecting popular will, and that conflicts are resolved through unbiased judicial systems. This nurtures an environment of responsibility, openness, and respect for human rights. By bolstering faith in institutions and legal mechanisms, the rule of law reinforces democracy, enabling societies to confront challenges and evolve while upholding principles of justice and equity.

RULE OF LAW

The concept of ‘Rule of Law’ implies governance by laws rather than individuals. This term originates from the French phrase ‘le principe de legalite’, signifying the principle of legality. Professor Wade defined it as the requirement for government to be subject to law, not vice versa. Black’s law dictionary characterizes it as the supremacy of law where decisions are made by applying established principles without discretionary intervention.

Scholars have described the Rule of Law as the ultimate authority that no one can supersede. Lord Denning, in Gouriet V. Union of post office workers, stated that law stands above all individuals, regardless of their power or status. It is a fundamental constitutional principle, described by Max Weber as “legal domination” emphasizing governance by law rather than individuals.

Essentially, the Rule of Law dictates that everyone, from government officials to citizens, must act in accordance with the law. It represents legal supremacy, ensuring that no one is above the law and that even executive actions fall within legal boundaries. In a parliamentary democracy, it imposes a duty on citizens to obey just and non-arbitrary laws.

The Rule of Law aims to uphold individual freedoms and fundamental rights, preventing the executive from using laws oppressively. In India, the Supreme Court has expanded its meaning through various judgments, building upon A.V. Dicey’s principles. It is considered part of the Constitution’s basic structure and cannot be abrogated even by Parliament. The constitutional ideals of liberty, equality, and fraternity are enshrined in the preamble. The Rule of Law mandates that no person should face harsh, uncivilized, or discriminatory treatment, even in the pursuit of maintaining law and order[1].

ORIGIN OF RULE OF LAW

Greek philosophers such as Aristotle, Plato, and Cicero are considered the earliest advocates of the rule of law concept. Plato’s “Complete Works of Plato” suggests that a state’s downfall is imminent when laws are subject to authorities, while states that regard law as supreme receive divine blessings and prosper indefinitely.

Aristotle, a Greek scholar, initially proposed the rule of law as a set of principles inherent in the natural order. The rule of law in England emerged around 1215 when King John signed the Magna Carta, signifying the monarchy’s submission to law and acknowledging law’s supremacy. The doctrine evolved further during the power struggle between parliament and monarchy, which ultimately resulted in parliamentary supremacy. Subsequently, parliament enacted laws to limit monarchical power, subjecting executive bodies to parliamentary law and establishing the foundation of rule of law in England.

In the United States, constitutional lawyer Paine introduced the rule of law concept in 1776. He asserted that in a free country like America, law should be considered king, as no individual should reign supreme in a free nation.

The rule of law concept was further developed by renowned English constitutional lawyer Dicey. In contemporary terms, Professor Albert Venn Dicey provided the most famous explanation of the rule of law in his book “THE LAW OF THE CONSTITUTION,” addressing how government should exercise power in accordance with the law. The rule of law encompasses fundamental principles that lawmakers, judges, and law enforcement agencies should consider when exercising authority in a democratic society. This implies that all governmental duties, powers, and functions, including those of its organs and authorities, are executed in compliance with the law[2].

RULE OF LAW IN DEMOCRATIC SOCIETY

In a democratic society, the rule of law serves as a cornerstone, playing a vital role in several key areas:

Equality Before the Law: This principle ensures that laws apply uniformly to all individuals, regardless of their position, thereby promoting fairness and preventing discrimination within the justice system.
Protection of Rights and Freedoms: The rule of law guards’ individual liberties by ensuring that laws are fair, publicly accessible, and applied equitably. This is essential in shielding citizens from arbitrary actions by governmental or other entities.
Accountability: By holding all parties, including government officials and institutions, responsible for their actions, the rule of law prevents power abuse and encourages transparency.
Prevention of Tyranny: The requirement that decisions and actions adhere to established laws prevents authoritarian rule and ensures that power is exercised within legal boundaries.
Stability and Order: A rule of law-governed society promotes stability and order by providing clear guidelines for dispute resolution, thus reducing the potential for conflict or chaos.
Trust in Institutions: When the rule of law is upheld, it builds public confidence in democratic institutions, enhancing their legitimacy and fostering cooperation between citizens and the state.
Promotion of Justice: The rule of law ensures that justice is both accessible and impartial, allowing individuals to seek legal redress for grievances.

In essence, the rule of law is crucial in a democracy as it underpins fairness, justice, and accountability. It creates an environment where individual freedoms are respected and collective progress is achievable.[3]

RULE OF LAW AND CONSTITUTION OF INDIA

The Indian Constitution serves as the nation’s foundational document, from which all other laws derive their validity. This makes all other legislation subordinate to it and adhering to the Rule of Law principles outlined in the Constitution.

Article 13(1) mandates that any law enacted by the legislature must align with constitutional provisions, or it will be deemed unconstitutional. Consequently, new legislation must comply with the Constitution’s requirements. The Constitution’s Preamble includes concepts like justice, sovereignty, and equality, which clearly indicate a fair government without discrimination among citizens, regardless of their social standing.

The concept of equality before the law, as described by Dicey, is incorporated in Article 14 of the Indian Constitution. This article establishes the principle of legal equality and equal protection under the law. Additionally, the constitution guarantees the fundamental human right to life and personal liberty for all citizens.

While the phrase ‘rule of law’ is not explicitly defined in the Indian Constitution, courts frequently reference it in their judgments. In India, the adage ‘The King can do no wrong’ is not applicable, as all public institutions are subject to common law courts and the same set of laws. The Constitution of India is the supreme law, superseding the three branches of government: the Judiciary, Legislature, and Executive. These governmental branches must operate in accordance with the principles enshrined in the Indian Constitution.

In India, the Constitution serves as the paramount law, granting authority to the government. Consequently, the Indian Constitution effectively upholds the rule of law.

In the case of Indira Nehru Gandhi v. Raj Narain[4], 1975, the Supreme Court of India declared that the rule of law, as embodied in Article 14, constitutes a fundamental aspect of the Indian Constitution’s basic structure and cannot be eliminated through any Constitutional Amendment under Article 368.

Furthermore, in Union of India v. President[5], Madras Bar Association the Indian Supreme Court emphasized that the Rule of Law encompasses various aspects. One crucial element is that disputes between citizens should be adjudicated by an impartial and independent judge. Similarly, when determining the legality of executive actions, the judge must be free from any executive influence.

The case of Secretary, State of Karnataka, and Others. V. Umadevi and Others.[6] Established that equality in public employment is a fundamental feature of the Indian Constitution. Given that the rule of law is central to the Constitution, courts are prohibited from issuing orders that violate Article 14 or disregard the need to comply with Article 14 in conjunction with Article 16.

In Veena Sethi v. State of Bihar[7], the Supreme Court extended the rule of law to benefit the underprivileged, broadening the Locus Standi principle to assist those with limited resources.

The Keshavananda Bharti v. State of Kerala[8] case, the Supreme Court reversed its previous decision in Golaknath’s Case[9].The majority opinion declared that while Parliament possesses extensive powers to amend the Constitution, encompassing all Articles, these powers are not without limits. Specifically, Parliament cannot alter the Constitution’s fundamental structure. Article 368 places implicit restrictions on the amending power, within which Parliament can modify any constitutional article. This ruling ultimately upheld the principle of Rule of Law.

In Ramana Dayaram Shetty v. International Airport Authority[10], the Supreme Court emphasized that “the great purpose of the rule of law is the protection of individuals from the arbitrary exercise of power, wherever it is found ”.

CONCLUSION

The rule of law is crucial for the operation and endurance of a democratic system. It guarantees that every individual, including those with authority, is subject to the same legal standards, thus promoting fairness, responsibility, and equal treatment. By safeguarding essential rights and liberties, it establishes a basis for justice and protects citizens from arbitrary power. This nurtures confidence in institutions and stimulates active civic engagement, which is vital for a thriving democracy. In the absence of the rule of law, democracies are at risk of falling into chaos, dishonesty, and autocratic control. It serves as the guiding principle that maintains stability, upholds human dignity, and balances individual freedoms with collective governance. A strong dedication to the rule of law ensures a society where justice prevails, democracy flourishes, and each citizen has the chance to live with respect and equality.

A democratic society’s foundation rests on the rule of law, which ensures equal treatment under the law for all individuals, regardless of their position or influence. This principle promotes fairness, equality, and accountability by establishing a consistent and unbiased legal framework. The rule of law safeguards citizens’ rights and liberties, curbs power abuse, and builds confidence in governmental institutions. It plays a crucial role in conflict resolution, maintaining social stability, and facilitating peaceful coexistence among diverse groups. Unwavering adherence to the rule of law bolsters democracy by protecting justice, preserving human dignity, and creating an environment where individuals can prosper without fear of arbitrary actions. It demands transparency and accountability from governments, thereby reinforcing public trust in democratic systems. The absence of the rule of law puts democracy at risk of descending into disorder or authoritarian rule, highlighting its vital importance in sustaining a fair and equitable society.

REFERENCES

Ijeais, http://ijeais.org/wp-content/uploads/2020/10/IJEAIS201001.pdf ( last visited Dec 21^st, 2024)
Ipleaders, https://blog.ipleaders.in/rule-of-law-2/ ( last visited Dec 22^nd,2024).
Wikipedia, https://en.m.wikipedia.org/wiki/Rule_of_law ( last visited Dec 22^nd,2024)
Legal service India, https://www.legalserviceindia.com/legal/article-719-rule-of-law.html ( last visited Dec 23^rd ,2024)
American Institute of Taiwan, the rule of law, https://web-archive-2017.ait.org.tw/zhtw/DOCS/whatsdem/whatdm4.htm ( last visited Dec 23^rd,2024).

[1] Wikipedia, https://en.m.wikipedia.org/wiki/Rule_of_law ( last visited Dec 22^nd,2024).

[2] Ipleaders, Origin of Rule of law, https://blog.ipleaders.in/rule-of-law-2/ ( last visited Dec 22nd,2024).

[3] Ijeais, http://ijeais.org/wp-content/uploads/2020/10/IJEAIS201001.pdf ( last visited Dec 21^st, 2024).

[4] Indira Nehru Gandhi vs Raj Narain, AIR 1975 SUPREME COURT 2299, 1976 2 SCR 34

[5] Union of India vs President 2015 AIR SCW 3376.

[6] Secretary, State Of Karnataka And … vs Umadevi And Others, AIR 2006 SUPREME COURT 1806.

[7] Veena Sethi vs State of Bihar, AIR1983 SC 339.

[8] Keshavananda Bharti vs State of Kerala, AIR 1973 SUPREME COURT 1461, 1973 4 SCC 225.

[9] Golaknath vs State of Punjab, 1967 AIR 1643, 1967 SCR (2) 762.

[10] Ramana Dayaram Shetty vs International Airport Authority, 1979 AIR 1628, 1979 SCR (3)1014.

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