DOCTRINE OF "RULE OF LAW"
1. Many democratic countries including India have accepted doctrine of rule of law. Doctrine of rule of law implies that every person is equal before the law. All Public officials, whether high or low, are under the same responsibility for every act done by them. All laws should bind every one including those who run the Government and the Government itself. The equality of all in the eyes of law minimises the tyranny and irresponsibility on the part of the executive authorities.
2. In the rule of law, arbitrary exercise of power by the executive is practically eliminated. Therefore, there is no possibility of a person being oppressed, harassed or subjected to unjust trial or illegal proceedings. In other words, legal process cannot be abused by the executive by virtue of such rights conferred on the accused person.
3. The judiciary when applying the law to a particular case must do so independently and without any external pressure or control. The judges should decide only according to the rules laid down and not according to their own sense of justice or personal preference.
PRECEDENT
(i). Where rule of law is strong, people uphold the law not out of fear but because they have a stake in its effectiveness.
2010 ALL M.R. (Cri.) 244 (BOM) (F.B)
(ii). “Preamble of our constitution guarantees to a citizen justice, liberty, equality and fraternity. All these are possible only when there is rule of law. Rule of law indicates good governance which requires fair legal frame work that enforce law impartially. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.
2010 ALL M.R. (Cri.) 244 (BOM) (F.B).
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