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Multiple Choice Questions

Which of the following features of the ldquo Rule of Law rdquo are applicable to the Indian Sys...........

Indian Polity (CDS) Evolution and Features of Constitution

Which of the following features of the “Rule of Law” are applicable to the Indian System?

1. Absence of arbitrary authority, i.e. no one is penalised until he violates the law.

2. Equal submission of all citizens to the ordinary law of the state as administered by ordinary law courts.

3. The primacy of the rights of the individual, i.e. the constitution is the result of the rights of the individual as defined and enforced by the courts of law.

Select the correct answer using the code given below.

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

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Explanation:

Rule of Law -The concept of ‘equality before the law’ is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the British jurist. His concept has the following three elements or aspects:
Absence of arbitrary power, that is, no man can be punished except for a breach of law. Hence statement 1 is correct.
Equality before the law, that is equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts. Hence statement 2 is correct.
The primacy of the rights of the individual, that is, the constitution is the result of the rights of the individual as defined and enforced by the courts of law rather than the constitution being the source of individual rights.
The first and the second elements are applicable to the Indian System and not the third one. In the Indian System, the constitution is the source of individual rights. Hence statement 3 is not correct.
The Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic feature’ of the Constitution. Hence, it cannot be destroyed even by an amendment.