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Introduction To The Study of The Law of The Constitution (1885) Elaborated Modern Concept of

The document discusses the history and development of the Rule of Law concept. It began as an ideal in ancient India known as Dharma, but the British Empire introduced the Rule of Law during their rule over India. While Indians initially followed Dharma, western-educated Indians began embracing the Rule of Law ideal. The concept has its origins in ancient Greek philosophy espoused by thinkers like Socrates and Plato, and it was further developed by Aristotle and A.V. Dicey. After independence, India adopted the Rule of Law as the basic governing principle of its legal system and constitutional scheme, with the judiciary tasked with upholding its supremacy.

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65 views1 page

Introduction To The Study of The Law of The Constitution (1885) Elaborated Modern Concept of

The document discusses the history and development of the Rule of Law concept. It began as an ideal in ancient India known as Dharma, but the British Empire introduced the Rule of Law during their rule over India. While Indians initially followed Dharma, western-educated Indians began embracing the Rule of Law ideal. The concept has its origins in ancient Greek philosophy espoused by thinkers like Socrates and Plato, and it was further developed by Aristotle and A.V. Dicey. After independence, India adopted the Rule of Law as the basic governing principle of its legal system and constitutional scheme, with the judiciary tasked with upholding its supremacy.

Uploaded by

praharshitha
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTRODUCTION

The Rule of Law is a common aspiration, proclaimed by international organizations and national
governments as a pre condition for acceptable modern governance. Historically, India was ruled
by Dharma. But with the settlement of British Empire in India the concept of Rule of Law
implanted in the land. Though, initially, Indians abide with their living norms of Dharma but
due to western Education spread by Britishers, educated Indians started to reject the lofty ideals
of their ancestors and borne their mind towards Rule of Law.
The Rule of Law has a long normative history that privileges it as an inaugural contribution of
the Euro American liberal political theory. Its origination is still in doubt but it is believed that
the two fundamental principles of Rule of Law have been in existence from earliest times: those
in power should not make the laws (the Separation of Powers), and all people (including those in
power) should be bound by the laws. A secular approach was adopted by Socrates and
afterwards by Plato who expressed that “Where the law is subject to some other authority and
has none of its own, the collapse of state, in my view, is not far off, but if the law is the master
of government and the government its slave, then the situation is full of promise and men enjoy
all the blessings all the gods shower on a state”. Later on, Aristotle stated in the politics that ‘the
Rule of Law is preferable to that of any individual’ and then, it was A. V. Dicey in his
Introduction to the study of the Law of the Constitution (1885) elaborated modern concept of
Rule of Law.
After independence, in India, Rule of Law is considered as bedrock of our legal system. It is the
basic rule of governance of any civilized democratic polity. Our constitutional scheme is based
upon the concept is based upon the concept of Rule of Law which we have adopted and given to
ourselves. Everybody is unquestionably under the supremacy of law. No one is above the law
notwithstanding how powerful and how rich he or she may be. For achieving its establishment,
the Constitution has assigned the special task to the judiciary in the country. It is only through
the courts that the Rule of Law unfolds its contents and establishes its supremacy.

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