Rule of law in India

The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Discuss.

The Rule of Law is the idea that the power of government officials should be defined and limited by laws while Rule of Force related to rules dictated by an authoritative power through intimidation and military backing. Rule of Law allows citizens to understand the powers held in government as well as their individual rights, this promotes equality and mutual understanding between the two parties; it ensures government officials are subject to the same Constitutional fundamental rights as citizens.

The courts play a vital role in the criminal justice system. It provides a forum for laws to be upheld and offers victims justice for crimes committed against them (Siegel, et al., 2011). Furthermore, the role of the court is to impose rulings in a way that is fair and unbiased. While it may be challenging, judges must strive to be impartial and reach decisions based on what the law stipulates. They must also fulfill their role in the criminal justice system by issuing rulings despite the weight of public opinion.

The judiciary system is defined by Article III in the Constitution and Section 2 describes the powers and limitations that court system has. The purpose of the judiciary is to handle interpretations of the laws created by the constitution and any disputes that arises between parties, cases may be brought to the court, the court cannot create cases. There are 3 levels in the court system, which is true for the state judiciary as well as the Federal level. The two lower levels attempt resolve issues while lessoning the burden on the supreme courts. The lowest level of court is the district court aka trial courts,

The courts are an important part of the government system. The ideas presented by them,

In Hinduism, law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and late by Jain's and Buddhists. Bar Council of India, History of Hindu Law in India

This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.

Subsequently, the Committee on Draft National Policy on Criminal Justice (Madhava Menon Committee) emphasized the need for the same. Under the present criminal justice system, wide discretionary powers are awarded to the judges which sometimes results in lopsided, unfair judgments. Even though some basic principles such as proportionality, fairness and deterrence are recognized as forming the basis of the

The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and

Discuss the importance of the judicial selection and appointment in securing an independent judiciary. (50 marks)

meaning of the rule of law is a state of order in which events conform

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

If the judiciary are intentionally straying into matters of governmental policy then they as unelected, impartial adjudicators should only do so when cases arise that call for such action, potentially when governmental action threatens the rule of law – a right afforded to them as a constitutional check on governmental power. While the judiciary can be viewed as in a constant skirmish with the Legislature and the Executive much of the judiciary’s power to interoperate statutes liberally comes from powers delegated to it by parliament .

Laxmi approached the Supreme Court of India through filing a Public Interest Litigation seeking for various developments to be made: