Author: Ishani Gahlot, II year of BA LLB from School of Law, UPES, Dehradun.
Rule of law is a system of laws, that is responsible for to process accountability of government and private sectors are answerable to the law system, laws are clear, publicized and stable the system, they are even and applicable, to all protecting citizen's fundamental rights and human rights. The process of the judiciary is enforced on all and is accessible plus fair and efficient. There are some distinguished factors so rule of law, namely- Constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, criminal justice, and informal justice. It comprises the means, both constitutional and institutional, by which the powers of the government and its officials and agents are limited and held accountable under the law. It also includes non-governmental checks on the government’s power, such as a free and independent press. The factor measures whether basic laws and information on legal rights are publicized, and evaluates the quality of information published by the government.
For better understanding let's understand Dicey's theory of rule of law which consists of three main principles-
The Supremacy of law - He believed that rule of law stands for absolute Supremacy of law. Every person is bound to follow the law, irrespective of his position.
Equality before law - It means equal protection to all classes No person is above law and should be treated equally.
The predominance of legal spirit- Here Dicey talks about the spirit of justice and law should be according to justice and not vice versa.
Effective criminal justice systems are capable of investigating and adjudicating criminal offences successfully and promptly through a system that is impartial and non-discriminatory and is free of corruption and improper government influence all while ensuring that the rights of both victims and the accused are effectively protected.
For the United Nations (UN) system, the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.[1]
The Rule of Law is a dynamic concept. It cannot be taken to mean that it is a fixed principle of law from which there cannot be any. The concept of the Rule of Law has been discussed by the International Commission of Jurists met in 1959 in New Delhi. The major findings are:
1. Rule of Law to safeguard and advance the political and civil rights of the individual in a free society.
2. To establish social, economic, educational and cultural conditions under which the individual may realize his legitimate aspirations and dignity.
Sports can be a powerful platform for advocacy and awareness which led to citing the example of rule of law from sports, In a nutshell, rule of law abstains from any individual or a group from doing any deed that subordinates the established law, a.k.a. no one is above the law. In short, the king is not the law but law is the ultimate king. By the rule of law, all individuals are accountable to law that is disseminated to the public and mediated independently. As the famous critic, Aristotle remarks, "The concept of rule of law is grounded in the ideas of justice, fairness and inclusiveness" Citing the example of sports to understand the rule of law, every individual playing or every player is expected to abide themselves by the rule of game/sports, the biggest sports event organization Olympics also says "players are responsible for enacting all regulations necessary for the full implementation"
The second example is of cinema because movies are believed to be a reflection of society, Bahubali a movie very famous in Gen Z has a scene where Bahubali's Elder brother Bhalaldev is seen speaking - "Be it an old man or pregnant women, be it the king or a common man the law system is same for everyone. Another vibrant example is of Tax laws, a system that keeps a nation running, all citizens are bound to pay taxes according to the respected income slab as stated after every fiscal year in the budget given by the central government. And lastly, the example of section 144 that applies to everyone in a unified way, an assembly of more than two people will be roughly under the custody of people if seen violating section 144, no matter who are parties involved[2]. All in all, in every country there are some set of rules and regulations which help in the smooth running of society and which is to follow by every citizen, therefore everyone is under the same roof and no one is above law.
[1] https://www.un.org/ruleoflaw/what-is-the-rule-of-law/
[2] http://legislative.gov.in/actsofparliamentfromtheyear/indian-penal-code