THE RULE OF LAW: PILLAR OF DEMOCRACY AND JUSTICE

This article is written by Aahna Upadhyay of 1^st Semester of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya

Abstract

Any democratic society must be founded on the Rule of Law, which is the cornerstone of justice, good government, and the defence of individual rights. The Rule of Law is crucial in determining the socio-political landscape of India, a country distinguished by its rich culture, history, and legal system. To provide a thorough examination of India’s Rule of Law, this research paper will look at its historical history, current problems, and potential future effects. This article will provide insights into the state of the Rule of Law in India by analysing the Indian legal system, the function of the judiciary, and the difficulties in achieving equity and justice for all.

Keywords: India, Legal System, Judiciary, Legal Reforms, Access to Justice, Legal Backlog, Legal Aid, Transparency, Accountability, Corruption, Legal Awareness, Legal Education, Police Reforms, Social Bias, Privacy Rights, Archaic Laws and Judicial Efficiency

Introduction

A crucial foundation stone for the structures of democracy and justice is the rule of law. It is a tenet that supports the notion that everyone is subject to the law, regardless of their status or level of authority. As a defence against despotism and the arbitrary use of power, the Rule of Law makes sure that the legal system is equitable, just, and open in a democratic society. Democratic societies are constructed on the foundation of this idea. It ensures that contracts are upheld, public order is maintained, and individual rights are protected. It also guarantees that legal review and due process are applied to government actions. The Rule of Law creates an atmosphere in which people can express their opinions, take part in nonviolent protests, and engage in politics without fear of retaliation. It also gives citizens the confidence that their legal rights and freedoms will be respected. Additionally essential to the administration of justice is the Rule of Law. It supports the judiciary’s impartiality and enables it to mediate disputes and conflicts. Democracies that uphold this idea encourage accountability, justice, and equality within their legal systems, which eventually strengthens the fundamentals of a just and equitable society. Fundamentally, the Rule of Law is the cornerstone that supports democracy and justice, giving people the confidence that their rights will be upheld, their opinions will be heard, and their complaints will be taken seriously.

Background and Significance

As the cornerstone of the nation’s democratic structure and governance system, the rule of law is a vital idea in the Indian setting. India’s historical fight for freedom from British colonial authority was fundamentally based on the need for the rule of law, which guarantees that governmental acts are constrained by accepted legal norms.

Having a fair playing field for all citizens, regardless of their social, economic, or political position, is important for India’s rule of law. It serves as a defence against the arbitrary[1] use of authority, defending personal freedoms. Justice, equality, and liberty are enshrined in the 1950-adopted Indian Constitution, which is upheld by an independent court that interprets the Constitution.

The Indian setting, however, also faces difficulties like the legal system’s backlogs, corruption, and unequal access to justice. These problems show how important it is to keep working to improve the rule of law and guarantee its fair application.

In conclusion, the rule of law is crucial for the defence of rights, the advancement of justice, and the maintenance of democracy in India and is not just a fundamental premise but also a living and growing idea.

Objective of the Study

To fully comprehend and examine the operation, application, and impact of legal principles and norms within the Indian legal system is the goal of studying the rule of law in the Indian context. This study aims to investigate how India’s democratic system, which places a strong emphasis on the rule of law, affects the country’s government, judicial system, and protection of individual rights. Its objective is to assess the degree to which the rule of law is upheld in India, to spot any inconsistencies or flaws in its application, and to consider areas where it might be strengthened. Studying the rule of law in India also offers important insights into the difficulties and complications faced by a populous and diverse country in upholding the law and guaranteeing equitable access.

Historical Development of the Rule of Law in India

Pre-Independence Era

Before India gained its independence, the rule of law in that country underwent a complicated evolution under British colonial authority. India’s legal and political system under British colonial control underwent a substantial transition before independence. A legal system based on British common law principles first emerged with the foundation of British East India Company authority in the 18th century. The gradual establishment of the rule of law established the superiority of law over arbitrary rule. The founding of the Calcutta Supreme Court in 1774 was a significant turning point in this process. The 1833 Charter Act set the groundwork for a more organized legal system in India that supported the rule of law, as did the subsequent Charter Acts of 1853 and 1892. A thorough legal framework for criminal justice was provided with the introduction of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). The 1935 Government of India Act increased self-governance[2] and made it possible for more Indians to take part in drafting laws. Legal giants like Mahatma Gandhi and Dr B.R. Ambedkar rose to prominence during this time as well. They were crucial in influencing India’s future legal and constitutional development.

However, it is essential to acknowledge that British colonial rule was also characterized by instances of repressive laws, such as the Rowlatt Act and the Jallianwala Bagh massacre. These events fuelled the demand for independence, with a vision of establishing a democratic and just society based on the rule of law after India gained independence in 1947. This historical development of the rule of law in pre-independence India laid the groundwork for the legal system that continues to shape the nation’s governance and justice mechanisms today.

The Constitution of India

The Constitution of India’s enshrinement of the historical evolution of India’s Rule of Law can be summed up as follows:

In India, the idea of the Rule of Law has a long history that may be traced to ancient scriptures and ideals like “dharma.” However, the Indian Constitution’s contemporary expression of the Rule of Law predominantly incorporates British legal traditions. The 1950 adoption of the Constitution created a solid framework for the Rule of Law.

1. Fundamental Rights: The Constitution ensures that all citizens have access to fundamental rights, including protection of life and individual freedom, equality before the law, and non-discrimination. This establishes the idea that nobody is above the law, not even the government.
2. Separation of Power: The Constitution divides authority between the legislative, executive, and judicial branches to create a system of checks and balances. The purpose of this division is to avoid a concentration of power and make sure that all branches follow the law.
3. Judicial Review: The judges, and the Supreme Court in particular, are granted the power of judicial review. By ensuring that legislation and government activities adhere to the Constitution’s requirements, it can interpret and defend it.
4. Independent Judiciary: The Constitution established a judiciary that is independent of political interference, protecting the Rule of Law in the process.
5. Rule of Law as a fundamental Structure: According to the Supreme Court, the Constitution’s “basic structure” includes the Rule of Law, rendering it unchangeable and unamendable.

All things considered, the historical evolution of the Rule of Law in India, as embodied in the Constitution, displays a dedication to democratic ideals, individual rights, and the idea that everyone must obey the law, even the government. Through court interpretations and changes, this constitutional framework is always changing to safeguard the Rule of Law in a multicultural and dynamic society.

The Rule of Law Principles

The Rule of Law is a fundamental idea that is established in the Indian Constitution and has a significant influence in determining the legal and political landscape of the nation. The Rule of Law in India is defined by several important tenets.

1. Equality before the Law: Justice should be administered impartially without prejudice based on criteria such as religion, caste, gender, or economic status because everyone is equal before the law.
2. Legal Clarity: The Indian legal system is built on well-stated laws and well-established procedures, assuring consistency and predictability in legal outcomes.
3. Access to Justice: The Rule of Law ensures that all citizens have access to justice through a network of courts and tribunals that serve as a forum for conflict settlement.
4. Accountability and Transparency: Public institutions and officials are governed by the law, and their deeds are public knowledge, which aids in thwarting corruption and preserving public confidence.
5. Fundamental Rights: The Constitution protects fundamental rights, which are necessary elements of the Rule of Law and include the right to life, personal liberty, freedom of speech, and protection against unlawful imprisonment.
6. Independent Judiciary: The independent judiciary of India is in charge of safeguarding the Rule of Law and making sure that all other values are upheld.

Together, these principles form a solid foundation for the Rule of Law in India, protecting it against arbitrary rule of law violations and ensuring that the justice system is fair, just, and responsible.

Separation of Power

Although less strictly defined than in certain Western democracies, the idea of the separation of powers is a vital component of India’s democratic system. The three branches of government in India are to have separate powers, according to the Indian Constitution:

1. Legislative Branch: State legislatures and the national Parliament are included in the legislative branch. With two houses in the national Parliament (Lok Sabha and Rajya Sabha) and comparable systems in the states, they are in charge of enacting and changing laws.
2. Executive Branch: The President at the federal level, state-level governors, the Prime Minister, and chief ministers make up the executive branch. They are in charge of carrying out and carrying out laws.
3. Judicial Branch: The judiciary interprets laws, oversees their enforcement, and protects the Constitution. It is comprised of the Supreme Court at the federal level and High Courts at the state and local levels.

Although India’s system of checks and balances doesn’t have a clear separation of powers as some other nations do, it is nonetheless intended to prevent any one branch from acquiring uncontrolled power and safeguard the rule of law.

Accountability and Transparency

To ensure that governmental acts and judgments are fair, just, and in conformity with existing laws and regulations, accountability and openness are crucial elements of the Rule of Law. The following is a succinct summary of these ideas about the Rule of Law:

1. Accountability: Accountability is the requirement that institutions and government officials be held accountable for their decisions, actions, and use of public funds. Public officials are accountable for their actions in a democratic society and may face legal or political repercussions for misbehaviour or corruption. By doing this, it is ensured that individuals in positions of authority behave in the public’s best interests and accordance with the law.
2. Transparency is the openness and public accessibility of government operations, procedures, and information. It enables citizens to gain knowledge of how the government functions, makes decisions and spends money. Public trust and engagement in the political process are encouraged by transparency. An open government and freely accessible laws, rules, and administrative processes are characteristics of a transparent system.

To prevent abuse of authority, corruption, and breaches[3] of citizens’ rights, accountability and openness go hand in hand. They are essential for maintaining a just and equitable society and the Rule of Law. Individuals and institutions are subject to the same legal standards in a transparent and responsible system, regardless of their status or position, ensuring the impartial and fair administration of justice.

Judicial Independence

Legal decisions made by the judiciary independently of any other forces, such as those coming from the executive or legislative branches, are referred to as judicial independence. Among the essential elements of judicial independence are: Impartiality, Non-Interference and Due Process. Legal and judicial independence are crucial for maintaining the Rule of Law because they make sure that judgments are rendered by the law, just principles, and the merits of each case rather than based on political or personal interests. They support the advancement of a just and equitable society, the defence of individual rights, and the suppression of power abuse.

Challenges to the Rule of Law in India

Despite being the foundation of India’s democratic system, the Rule of Law faces several obstacles that jeopardize its efficacy and the impartial administration of justice. Several of the significant difficulties include:

1. Backlog of Cases: The Indian legal system is burdened by a staggering backlog of cases at all levels of the judiciary. Millions of cases remain pending for years, leading to delayed justice and increased frustration among citizens. This not only violates the principle of timely access to justice but also undermines public trust in the legal system.
2. Delays and Inefficiency: The justice system is inefficient in part due to the drag of court cases. Protracted legal proceedings discourage people from seeking legal redress, which can reduce adherence to the law and encourage informal, frequently unfair conflict settlement systems.
3. Lack of Access to Justice: For people who are socially and economically underprivileged, access to justice continues to be a major problem. Due to exorbitant fees, complicated legal requirements, and regional restrictions, many people are unable to afford legal counsel, preventing them from receiving the full protection of their rights.

And many more, comprehensive reforms, including adjustments to the law, the courts, the legal system, and law enforcement procedures are required to solve these issues and improve the Rule of Law in India. Regardless of their socioeconomic situation, public awareness campaigns and actions to improve access to justice for all are equally important. Furthermore, maintaining the Rule of Law in India depends on preserving the impartiality and independence of the judiciary, eliminating corruption, and enhancing the effectiveness of legal procedures.

Conclusion

In conclusion, while being firmly rooted in India’s constitutional structure, the Rule of Law faces numerous issues that must be resolved right away. Access to justice is hampered by the judicial system’s backlog of cases, inefficiencies, and delays, which frequently discourage residents. Additionally, problems like corruption, political meddling, and a dearth of legal help undermine the fairness of the legal system. India must immediately begin a thorough process of law reforms that puts the values of openness, responsibility, and accessibility first.

References :

1. https://www.bing.com/ck/a?!&&p=58559ab656537095JmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIxMw&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=justice%2c+good+government%2c+and+the+defence+of+individual+rights.+The+Rule+of+Law+is+crucial+in+determining+the+socio-political+landscape+of+India%2c+a+country+distinguished+by+its+rich+culture%2c+history%2c+and+legal+system.+In+order+to+provide+a+thorough+examination+of+India%27s+Rule+of+Law%2c+this+research+paper+will+look+at+its+historical+history%2c+current+problems%2c+and+potential+future+effects.+This+article+will+provide+insights+into+the+state+of+the+Rule+of+Law+in+India+by+analysing+the+Indian+legal+system%2c+the+function+of+the+judiciary%2c+and+the+difficulties+in+achieving+equity+and+justice+for+all.&u=a1aHR0cHM6Ly9ibG9nLmlwbGVhZGVycy5pbi9pbmRpYW4tbGVnYWwtc3lzdGVtLWFuLW92ZXJ2aWV3Lw&ntb=1 last seen on 24-10-23
2. https://www.bing.com/ck/a?!&&p=4d9b2e7a2ee7c44aJmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTQwMQ&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=Before+India+gained+its+independence%2c+the+rule+of+law+in+that+country+underwent+a+complicated+evolution+under+British+colonial+authority.+India%27s+legal+and+political+system+under+British+colonial+control+underwent+a+substantial+transition+prior+to+independence.+A+legal+system+based+on+British+common+law+principles+first+emerged+with+the+foundation+of+British+East+India+Company+authority+in+the+18th+century.+The+gradual+establishment+of+the+rule+of+law+established+the+superiority+of+law+over+arbitrary+rule.+The+founding+of+the+Calcutta+Supreme+Court+in+1774+was+a+significant+turning+point+in+this+process.+The+1833+Charter+Act+set+the+groundwork+for+a+more+organized+legal+system+in+India+that+supported+the+rule+of+law%2c+as+did+the+subsequent+Charter+Acts+of+1853+and+1892.+A+thorough+legal+framework+for+criminal+justice+was+provided+with+the+introduction+of+the+Indian+Penal+Code+(IPC)+and+the+Code+of+Criminal+Procedure+(CrPC).The+1935+Government+of+India+Act+increased+self-governance+and+made+it+possible+for+more+Indians+to+take+part+in+drafting+laws.+Legal+giants+like+Mahatma+Gandhi+and+Dr+B.R.+Ambedkar+rose+to+prominence+during+this+time+as+well.+They+were+crucial+in+influencing+India%27s+future+legal+and+constitutional+development.&u=a1aHR0cHM6Ly9lY29ub21pY3RpbWVzLmluZGlhdGltZXMuY29tL25ld3MvaW5kaWEvaG93LWxvbmctYmVmb3JlLWluZGlhLWJlY29tZXMtYS1kZXZlbG9wZWQtY291bnRyeS9hcnRpY2xlc2hvdy85MzU4OTQ4MC5jbXM&ntb=1 last seen on 24-10-23
3. https://www.bing.com/ck/a?!&&p=d1927a98a775753eJmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIxMg&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=1.%09Accountability%3a+Accountability+is+the+requirement+that+institutions+and+government+officials+be+held+accountable+for+their+decisions%2c+actions%2c+and+use+of+public+funds.+Public+officials+are+accountable+for+their+actions+in+a+democratic+society+and+may+face+legal+or+political+repercussions+for+misbehaviour+or+corruption.+By+doing+this%2c+it+is+ensured+that+individuals+in+positions+of+authority+behave+in+the+public%27s+best+interests+and+in+accordance+with+the+law.&u=a1aHR0cHM6Ly93d3cuZHJpc2h0aWlhcy5jb20vdG8tdGhlLXBvaW50cy9wYXBlcjQvYWNjb3VudGFiaWxpdHktaW4tZ292ZXJuYW5jZQ&ntb=1 last seen on 24-10-23
4. https://www.bing.com/ck/a?!&&p=4745cb76a6db1e10JmltdHM9MTY5ODEwNTYwMCZpZ3VpZD0xZjhhMThjNS05Mzg2LTYxYjctMDQzYi0wOWE3OTJlNzYwZWUmaW5zaWQ9NTIxNQ&ptn=3&hsh=3&fclid=1f8a18c5-9386-61b7-043b-09a792e760ee&psq=All+things+considered%2c+the+historical+evolution+of+the+Rule+of+Law+in+India%2c+as+embodied+in+the+Constitution%2c+displays+a+dedication+to+democratic+ideals%2c+individual+rights%2c+and+the+idea+that+everyone+must+obey+the+law%2c+even+the+government.+Through+court+interpretations+and+changes%2c+this+constitutional+framework+is+always+changing+in+an+effort+to+safeguard+the+Rule+of+Law+in+a+multicultural+and+dynamic+society.&u=a1aHR0cHM6Ly9sYXdiaG9vbWkuY29tL2V2b2x1dGlvbi1vZi10aGUtcnVsZS1vZi1sYXctaW4taW5kaWEv&ntb=1 last seen on 24-10-23

[1] Arbitrary- based on random choice or personal whim, rather than any reason or system

[2] Self-governance- Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority.

[3] Breaches- an act of breaking or failing to observe a law, agreement, or code of conduct

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.