Constitutional Governance and Rule of Law

  • Lakshit Chaudhary
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  • Lakshit Chaudhary

    Student at University of Petroleum & Energy Studies (UPES), Dehradun, India

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The purpose of the present study is to contribute to an understanding of the actual and potential impacts on the good governance system in reference to the Rule of Law by the Constitution of India. The supremacy of the law of the land was not a novel doctrine in nineteenth century where A.V. Dicey invented the “Rule of Law” according to which the recognition of certain fundamental obligations which are binding upon states in their own dealings with one another. He described the principle of the Rule of law. As per A.V. Dicey throughout all civilized societies and no State can repudiate this perception. The connotation made by Dicey is that individuals ought not to be subjected to the power of officials wielding wide discretionary powers. Fundamental to Rule of Law is the notion that all powers need to be authorized. Dicey’s concept was that no person should be condemned unheard, there should no punishment without a trial. The ambit of the Rule of Law diversified in A.K. Gopalan’s case where the judiciary as per the constituent assembly dropped the use of the expression “procedures established by law” and instead adopted the expression “due process of law” in Article 21 of the Constitution of India, thus the concept of “due process of law” could not be imported, an ipso facto violation to the Rule of Law. Constitution of India is separating the three great powers seems to be a good workable instrument under which the Rule of Law can flourish that are Legislature, Executive and Judiciary. Sir Ivor Jennings, the famous constitutional historian characterizes Rule of Law as “an unruly horse”. A law court acquires the decisive function of an authoritative interpreter of the meaning of the rule of law, within the framework of the constitution. Judicial interference has got very little importance, because in Indian Constitution Rule of Law is a dominant factor and it is judiciary who has given a special power to look after it. Rule of Law should establish a uniform pattern for harmonious existence in a society where every individual should exercise his own rights to his best advantage to achieve excellence, subject to the protective discrimination.




International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2109 - 2117


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