Rule Of Law And Judiciary Under Indian Administrative Law

Seena B Nair, Research Scholar, School of Legal Studies, VELS Institute of Science, Technology and Advanced Studies

Dr. S. Ambika Kumari, Professor and Dean, School of Legal Studies, VELS Institute of Science, Technology and Advanced Studies

ABSTRACT

An independent judiciary forms the important feature of the Constitution of India. Our constitution imposes many important responsibilities on the judiciary like determining the limits of power of the Centre and States, providing a relief in the matters concerning abridgment of the fundamental rights, safeguarding the person’s rights and thereby securing equal justice without any kind of favour or fear. For such purposes we require an impartial and independent judicial setup with power of judicial scrutiny. It is a custodian of the citizen’s rights. Our Constitution maker has imposed the obligation on judiciary to guard the constitution. There are mainly 3 organs of the government viz., judiciary, executives and law-making organ. The judiciary is obligated to check that both works done by executives and legislature are in consonance with the “Rule of Law (ROL)”. The term Rule of Law explain that “every act shall be carried out as per the law which means that the concerned State must act according to the law and it must be grounded on the principles relating to law. The emerging idea of ROL has been developed by the judiciary in a manner that the ROL must be opposed to the tyrannical or arbitrary power. Rule of law is a weapon for checking the unjust or arbitrary power of government. If we want government of law and not of man then, every action of government should be according to the rule of law. But if there is no independent judiciary then the problem arises as to who will check that the government action is as per the law. However, the issues can be raised as to whether “Rule of Law is basic structure under basic of the Land? What is check and balance? Indian judiciary rather than following rule of law, have followed the rule of check and balance? How far it helps to judiciary in safeguarding the individual rights?” In order to answer these questions, the author will delve into the aspect of rule of law and how it has been utilized by the Court in India to quash the several arbitrary actions of the government.

Keywords: Rule of Law, Judiciary, government, arbitrary power.