Rule of Law

1. Introduction:

In our society Rule of law can be understood as the foundation. Law is a necessity for society as without there will be no equality and fairness. Thus rule of law guides society toward justice and equality. fairness and it also protects the rights of people. The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice. Further, The term rule of law refers to any system, procedure, establishment, custom, or standard that upholds the legal equality of all people, ensures an impartial system of governance, and, in general, forbids the arbitrary exercise of authority. Therefore understanding the complexities of the rule of law is important as it is the basic structure of our society and guardian of people's rights.

In this article we look at the importance, key principles, and roles institutions have in upholding the rule of law.

2. Key Principles of Rule of Law:

Firstly there everyone is equal before the law, The principle of quality before the law and equal submission of all classes to the ordinary law of the land, to be administered by ordinary law courts, is emphasized. This includes the government as well as everyone else, regardless of place or rank. However, this part is misguided and currently going through a phase of criticism.[1]

Further law is above others irrespective of a person's caste, religion, or status. There needs to be legal certainty In various interpersonal relationships, such as those between families, individuals and the state, corporations, and the state and other groups of people, the law serves as the ruling body instead of an individual or a group. But when individuals and relationships are governed by laws that are always changing, there is very little room for growth because much of the time is spent adjusting to the new regulations. Consequently, certainty is one of the prerequisites for the idea of the Rule of Law.[2]

There needs to be access to justice. It is a basic principle that emphasizes that individuals have the right to a fair and reasonable opportunity to get justice. This is done to ensure people's legal remedies are available to everyone regardless of their social and economic status.

3. Importance of Rule of Law:

The rule of law is fundamental for the functioning of a society. It provides a framework for the protection of individual rights. It ensures all individuals are treated equally and fairly and their fundamental rights are protected. People who have power and authority are held responsible for their actions because of the rule of law. Further rule of law is always over the rules of individuals and due to this if there is any conflict it can be resolved peacefully. Rule of law also helps in reducing corruption. It makes sure that that everyone is held responsible for their actions even those are who in power. Another important aspect of the rule of law is social stability. As there are rules and regulations the government has to work in the interest of all the people not just for a small group. Additionally for economic growth law also plays a crucial role, it provides a framework that promotes entrepreneurship, innovation, and investment.[3]

4. Role of Institutions in Upholding the Rule of Law:

Many institutions uphold the rule of law out of the judiciary is the primary one. It is their duty to interpret and apply the law. If the judiciary believes that Any law or action taken by the executive is violative of the Constitution, the judiciary can use its power of judicial review and declare it unconstitutional. There have been some landmark cases such as Keshavananda Bharati vs. State of Kerala (1973).[4]

Further, besides the judiciary, the legislature also plays a crucial as they have to create the laws. As society keeps changing the laws also keep changing therefore the lawmakers also have continously have to adapt and frame laws accordingly. Lawyers, advocates, and other legal professionals also play an important role in upholding the law as after the law is created by the lawmakers they are the ones who practice it. It also becomes their duty to help people and protect their rights by providing legal remedies.

5. Challenges to the Rule of Law:

There are limitations and challenges with the rule of law. One of the biggest limitations of the rule of law is the amount of time it takes to provide justice. The courts have a backlog of cases pilled up and it takes years or may even take decades for a single case to be solved. Due to such delayed justice, people become frustrated with the court system and start losing faith.

Corruption is a big issue in our society. Even with rules and regulations to reduce corruption, it still remains in many parts of our society. Such as the judiciary itself and even from the people who practice law. Due to such corruption, people start losing faith in the legal system which threatens the rule of law. Further, there is unequal access to justice. Many people are not able to afford legal remedies due to their poverty as well the legal services are costly. Due to this, some people from the weaker sections of society cannot receive the same degree of justice as others.[5]

6. Conclusion:

Therefore rule of law is the foundation of society. It provides a framework that ensures the protection of individual rights of people along with equality and justice. The rule of law also keeps evolving as society evolves it cannot remain the same. However, it is not perfect it has many limitations and challenges along with it delays in justice to corruption. Further even with all the challenges the rule of law is still crucial for a society as they are the guardians of people.

7. Citations:

1. Rule of Law by Qwerty9729, available at https://www.legalserviceindia.com/legal/article-719-rule-of-law.html (last visited 26-12-2023)

2. CJP, It is Certainty that Governs Rule of Law that establishes Supremacy of the Constitution, available at https://cjp.org.in/it-is-certainty-that-governs-rule-of-law-that-establishes-supremacy-of-the-constitution/ (last visited 26-12-2023)

3. Rule Of Law In India, available by Abizer Merchant at https://www.lawyersclubindia.com/articles/rule-of-law-in-india-15686.asp#: (last visited 27-12-2023)

4. Dhristi IAS Blog, DEMOCRACY AND THE ROLE OF JUDICIARY, available at https://www.drishtiias.com/blog/democracy-and-the-role-of-judiciary#:, (last visited 27-12-2023)

5. Rule Of Law In India by Abizer Merchant, available at https://www.lawyersclubindia.com/articles/rule-of-law-in-india-15686.asp#: (last visited 27-12-2023)