Q. With reference to the concept of Rule of Law, consider the following statements:
1. In Keshavananda Bharti case the Supreme Court has included the Rule of Law as the basic feature of the Constitution.
2. Immunities and privileges of President against criminal proceedings are exceptions to Rule of Law under the Indian Constitution.
3. In India, according to the Rule of Law, Judicial Supremacy prevails over the Legislature and the Executive.
How many statements given above are correct?

[A] Only one

[B] Only two

[C] All three

[D] None

Answer: B
Notes:

Exp) Option b is the correct answer.

Rule of law means that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank.

Statement 1 is correct: In Keshavananda Bharti v. State of Kerala, the Supreme Court has included the Rule of Law as the basic feature of the Constitution. In this case, though the Supreme Court upheld the amending power of the Parliament which extends to every Article provided under the Constitution but has limited that power by providing that such power cannot be used in amending the basic feature of the Constitution.

Statement 2 is correct: There are certain exceptions to rule of law provided under the Indian Constitution and other laws. Public officials like ministers, local authorities, public officers have many powers, immunities and privileges which ordinary citizens don’t have. For example, the President/ Governor is not answerable to the court of law in discharge of his executive functions. No criminal proceedings whatsoever can be instituted against President or Governor of state, while he is in office.

Statement 3 is incorrect: In India, Constitutional Supremacy prevails where the Doctrine of Separation of Powers has been held which permits the review of the legislative acts. Rule of law has no fixed articulation in the Indian constitution though the Indian courts refer to this phrase in variety of its judgements. Indian constitution is the law of the land and prevails over Judiciary, the Legislature and the Executive. These three organs of the state have to act according to the principles engraved in the constitution.

Blog
Academy
Community