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The document discusses the concept of Rule of Law, emphasizing its importance in a democratic society where no one is above the law. It outlines key principles such as the absence of arbitrary power, equality before the law, and the supremacy of law, particularly in the context of India. The Rule of Law is presented as a fundamental value that ensures justice and equality for all citizens, regardless of their status.

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7 views1 page

Block-1 5

The document discusses the concept of Rule of Law, emphasizing its importance in a democratic society where no one is above the law. It outlines key principles such as the absence of arbitrary power, equality before the law, and the supremacy of law, particularly in the context of India. The Rule of Law is presented as a fundamental value that ensures justice and equality for all citizens, regardless of their status.

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mail2sasikumaraml
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We take content rights seriously. If you suspect this is your content, claim it here.
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Rule of Law

UNIT 1 RULE OF LAW


Structure
1.1 Introduction
1.2 Objectives
1.3 Dicey’s Thesis on Rule of Law
1.3.1 Absence of Arbitrary Power
1.3.2 Equality before the Law
1.3.3 Supremacy of Law
1.4 Rule of Law in India
1.4.1 Rule of Law and the Constitution of India
1.4.2 Rule of Law and Administrative Law in India
1.5 The Wider Meaning of Rule of Law
1.6 Concerns
1.7 Summary
1.8 Terminal Questions
1.9 Answers and Hints
1.10 Glossary
1.11 References and Suggested Readings

1.1 INTRODUCTION
Do you believe that the law should protect everyone equally and punish the
wrongdoer, irrespective of his/her caste, race, religion, and status? Or should
there be different laws and procedures to govern different persons? These are a
few questions that might arise when you study any legal system. Learning the
concept of ‘Rule of Law’ enables you to address these questions in a positive
frame of mind.

Every country has a set of legal rules that apply to all citizens or a distinct set of
people. The fundamental principle of a democratic nation is that no one is above
the law, which is also known as Rule of Law. Rule of Law makes everyone
subordinate to the law, irrespective of his/her status in the society. Under Rule of
Law, the law does not recognize the status of a person for both protecting rights
and punishing for violations.

Therefore, Rule of Law is a fundamental value on which rests any democratic


political system. Rule of Law refers to a government subject to the law and a
system in which the law will prevail over the whims of government officials.
The officers of the Government are as equal before the law as any ordinary citizen.
It denotes equality before the law and absence of arbitrary powers with government
officials. Accordingly, no bureaucrat or minister, not even the King is above the
law. Every person, no matter what position she/he holds or what powers she/he
otherwise exercises, is equal before the law.

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