1. Rule Of Law

Question 1

According to AV dicey what constitutes rule of law

Answer 1

3 different but interrelated concepts

1. SUPREMACY OF LAW -
   Predominance of ordinary law as opposed to arbitrary, wide discretionary

Govt subject to law and not vice versa

2. EQUALITY BEFORE LAW

Rich or poor, same set of law, same set of courts

3. PREDOMINACE OF LEGAL SPIRIT

Law courts - guardian of rights of citizens. Rats without remedies is meaningless

Question 2

2 cases to write

Answer 2

1. GVK INDUSTRIES vs ITO case- ROL in Indian context is adherence to constitution by executive and legislature
2. ADM JABALPUR vs sK Shukla - constn is the rule of law in india

Question 3

Rule of law , a reality in India

Answer 3

1. Preamble
2. FR and DPSPs- art 13, 14, 21
3. Basic structure doctrine
4. Fair trail- crpc
5. Independence of judiciary
6. Judicial review
   Dc Wadhwa case

State of UP vs RAM SAJIVAN - abolition of caste

Question 4

Rule of law myth

Answer 4

1. Discretionary power given to admin
2. FR during emergency
3. Hc judges transfer- independence of judiciary
4. Preventive detention art 22
5. Legal delays and hc fees

Question 5

How judicial review help establish rule of law in india

Answer 5

1. Basic structure - the gameplay between govt and judiciary which began in Shankari prasad case eventually settled in KBC case
2. Rule of law embodied in art 14 - basic feature - Indira Gandhi vs raj narain- 39th Caa which gave immunities to the office of prime minister, benefit only one person. Law of land will prevail over the will of one person
3. Rule of law in art 21 - due process of law - 4 points
4. Basic features of rule of law given in Bachchan Singh case - legislators, but not arbitrary,Independent judiciary
5. Som raj vs state - absence of arbitrary power is the primary postulate of ROL