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Application Of Rule Of Law Essay

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THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance. The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution. Any law that is made by the legislative has to be in conformity with the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article 21 provides a further check against arbitrary executive action by stating that no person shall be deprived of his life or liberty except in accordance with the procedure established by law. Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of religion, sex, race or place of birth, finally it ensures that there is separation of power between the three wings of the government, the executive and the legislature have no influence on the judiciary. By these

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