Q. Which of the following are regarded as the main features of the “Rule of Law”?
1.Absence of arbitrary power
2.Equality before the law
3.Laws apply differently based on social status
Which of the statements given above is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] 1 and 2

[B] 2 only

[C] 1 and 3

[D] 3 only

Answer: A
Notes:

Explanation:

  • The concept of ‘equality before the law’ is a fundamental aspect of the ‘Rule of Law’ doctrine, as formulated by British jurist A.V. Dicey. It comprises three key principles:
    • Absence of arbitrary power – No individual can be punished unless they have violated the law.
    • Equality before the law – All citizens, regardless of their social or economic status, whether officials or ordinary individuals, are subject to the same laws, which are administered by regular courts.
    • Primacy of individual rights – The Constitution emerges from and upholds the rights of individuals as interpreted and enforced by the courts rather than being the origin of these rights.
  • Laws Apply Differently Based on Social Status – This contradicts the Rule of Law, as it implies that legal provisions vary based on an individual’s social or economic position. The Rule of Law demands uniformity in legal application, rejecting any form of discrimination or preferential treatment.

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