Q. Consider the following statements about the features of the concept of ‘Rule of Law’ as applicable in India?
1. It is borrowed from the American Constitution.
2. It forms a part of the ‘basic structure’ of Indian constitution.
3. It signifies equal subjection of all citizens to the ordinary law of the land.
How many of the above given statements is/ are correct?
Answer: B
Notes:
Exp) Option b is the correct answer.
Rule of law is a concept propounded by A.V. Dicey. Statement 1 is incorrect. The concept of Rule of Law is borrowed from the British Constitution.
Statement 2 is correct. In Indira Nehru Gandhi V Raj Narayan case, the Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the constitution.
Statement 3 is correct. The concept of ‘Rule of Law’ has the following three elements or aspects:
- Absence of arbitrary power, that is, no man can be punished except for a breach of law.
- Equality before the law, that is, equal subjection of all citizens to the ordinary law of the land administered by the ordinary law courts.
- The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual rather than the constitution being the source of the individual rights.
