Rule of Law and its Application in the Indian Polity
Volume I, Issue III, 2018
Rule of Law in simple words refers to the supremacy of law of the land over any other thing or person. There has been no concrete definition of rule of law but one of the most known definition was given was A.V. Dicey who based his definition on three pillars namely, Supremacy of Law, Equality before Law and Predominance of Legal Spirit.
India adopted the Rule of law from the common law system of justice which had its roots to the British Jurisprudence. The judiciary in India has played a leading role in giving a proper shape to the Rule of Law in India. Through its various judgments the court has taken a positive approach and by taking a dynamic view of the provisions of the constitution, it has ensured that the Rule of Law is enforced in its true spirit.
The very idea of Rule of Law is enshrined in the constitution of India. It can be inferred from the preamble and the very fact that it declares India as a sovereign state. Over many years, courts have taken help of Judicial activism to increase the scope of the rule of law through various provisions in the constitution.
Even after so many efforts of the framers of the constitution and the judiciary, the implementation of the Rule of Law is not full proof in India. Things like outdated legislature and overburdened courts are some of the problems which hamper the smooth enforcement of the same. Therefore, the concerned authorities like the parliament, the judiciary, the law commission and various other authorities need to take the required steps to ensure smooth implementation of the Rule of Law to ensure it is enforced in its true sense.