Rule of Law

  • Nony Nema
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  • Nony Nema

    Student at Jagran Lakecity University, Bhopal, Madhya Pradesh, India

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The term "Rule of Law" is frequently used by the Indian judiciary in its judgements, despite the fact that it is not explicitly defined in the Indian Constitution. According to the Supreme Court, one of the fundamental elements of the Constitution is the rule of law, which cannot be altered even by constitutional amendment. A crucial element of effective government is the rule of law. People must be governed by accepted laws rather than unstable rulings, according to the rule of law. It is imperative to keep in mind that the rules established should be inclusive and abstract, well-known and sure, and apply equally to everyone. Constitutionalism's judicial restraints on the executive branch characterise it. According to the notion of constitutionalism, governmental authority is divided into laws that are enacted by one body and carried out by another, and there is an independent court to ensure that the laws are upheld. The term "rule of law" is said to have been created by Sir Edward Coke, the Chief Justice during James I's reign. There is a long history behind the idea of the rule of law. Greek philosophers like Plato and Aristotle disputed the idea of the rule of law in the year 350 BC. The term "Rule of Law" comes from the French phrase "la principe de legalite," which translates to "the principle of legality." This phrase adheres to a system of government based on laws rather than customs. One of the key tenets of the Constitution is the rule of law, which is upheld in both India and the US. The idea of the rule of law serves as the cornerstone of administrative law. Aristotle's discussion of the rule of law is built on the ideas of justice, fairness, and inclusion. Today's definition of the rule of law encompasses a complex web of fundamental principles, such as judicial independence, uniformity, transparency, and accountability in administrative law, as well as equality before the law and equal treatment for governments. The rule of law notion, its tenets, and its significance in the Indian Constitution are frequently highlighted in the paper.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 129 - 135


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