Rule Of Law As The Pillar Of Constitutional Governance In India: A Doctrinal Analysis
Simran Gulati, LLM, Vivekananda Institute of Professional Studies, GGSIPU
ABSTRACT
Rule of law is one of the most important pillars of a constitutional democracy. This paper provides a theoretical study of rule of law along with its emergence not just since the time of A. V. Dicey but long before from the 17th century when Sir Edward Coke used the concept for the first time. In today’s scenario, rule of law exists in many ways if not explicitly then even implicitly engraved within the soul of the constitution of India. Many articles like 13, 14, 32, 226 along with the preamble itself adheres to the concept of rule of law. Not just the constitution itself, but the guardian and protector of the constitution, that is, the judiciary, has given many judgements upholding and instilling the supremacy of the concept of rule of law in India. Despite of this, neither the judicial interpretations nor the concept of rule of law itself is free of limitations. This paper leads to an insightful review of the concept of rule of law and its evolving standing since the 17th century.
