RULE OF LAW : DICEY & EQUALITY
Rule of Law was given by a Legal Philosopher DICEY.
The three components of Rule Of Law are :
☀️SUPREMACY OF LAW
☀️ PREDOMINANCE OF LEGAL SPIRIT
💮 Supremacy Of Law : DICEY'S Rule of Law with regards to Supremacy Of Law.
Everyone in India is finally answerable to the Constitution Of India (COI) and this phenomenon is called as LEX REX : LAW IS THE KING OF KINGS. This means that "NO ONE" is above Constitution Of India. And the Lex Rex is called Supremacy of law.
💮 Equality Before Law :
No one shall be discriminated irregardless of whether you are rich/poor/powerful/weak/etc.
💮 Predominance Of Legal Spirit :
Any order passed by judiciary is the responsibility of entire state to obey it so that the Legal Spirit should dominate.
[* Our Legal System is based on DICEY'S RULE OF LAW as we have copied this system from English Law]
#American Law : American Legal System.
There is a strict application of Seperation Of Powers. These all means that the three components of the STATE i.e. Executive, Legislative and Judiciary, will not inter or indulge in each other's components.
# Here the Rule Of Law is included in Fundamental Rights Of Equality which indicated that this Rule Of Law is Justiciable.
( * Violation, abridgement and contravention of fundamental rights are not allowed )
Now, let's jump up to the Article 14 (Available to every person)
♦️ARTICLE 14 : EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW
The state shall not deny to any person equality before the law or the equal protection of laws within the territory of India prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
🔸 Equality before means, in the eyes of Law, there is no discrimination on the basis of status or position.
🔸Equal Protection Of Law, states that we have to apply qual effect of law instead of using equal law for all. According to this, Like should be treated Like and Unlike should not be treated Like and reasonable discrimination is allowed in regards to the equal protection of laws.
{In British Law 🇬🇧 , equality before law is followed and in American Law 🇺🇸 , equal protection of law is followed. Whereas in India 🇮🇳 , both are followed}
Now, coming to Article 15 ( available to only citizens )
♦️ARTICLE 15 : PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION,RACE,CASTE,SEX, PLACE OF BIRTH.
The state shall not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth.
♦️ARTICLE 16 (available to only citizens) : EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT (government jobs)
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under he state.
* There is exception in it and i.e. RESERVATION!
♦️ARTICLE 17 : ABOLITION OF UNTOUCHABILITY.
UNTOUCHABILITY is abolished and it's practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with Law.
As Fundamental Rights are available against the STATE but this Article 17 is available against the STATE + INDIVIDUAL.
( If an individual practices the Untouchability then there must be seperate Law for him i.e. PROTECTION OF CIVIL LIBERTY ACT, 1955 )
So, it can be said that along with Article 17, there is a need of additional law named PROTECTION OF CIVIL LIBERTY ACT, 1955.
♦️ARTICLE 18 : ABOLITION OF TITLES.
No title, not being a military or academic distinction, shall be conferred by the STATE.
In zest, it is the abolition of DYNASTIC TITLES along with the exception of MILITARY and ACADEMIC TITLES.
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