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Showing posts from March 24, 2010

What is Rule Of Law & What is not Rule Of Law ?

In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. The whole scheme of Justice it appears in its most common acceptation implies the giving of every man his due. The expression “Rule of Law” may have varied dimensions, and the most apt explanation to this expression appears to be, “The People have an absolute / unqualified right to be Ruled / governed/ regulated by Law, and not by individual whims and fancies”. This is also in fact and precisely the mandate of Article 14 of our Constitution, which among other things, guarantee equal protection of laws to all the persons. And therefore, whenever the laws of the land are not adhered to, causing prejudice or any loss to any person, he can claim that his fundamental right recognized under Article 14 stands abridged. The next legal query may arise, what is meant by Law. And, we may look at the definiti...