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Top2. Perspectives Of Rule Of Law
The governance structure of the country is founded on the principles of democracy, equality and the principles of the rule of law (N.K. Uberoi, 2003). An outlook of A. V. Dicey’s evaluation on the principle of rule of law embraces three ideals: 1) the absence of arbitrary and discretionary power on the part of government; 2) every man is subject to the ordinary law of the land administered by the ordinary and usual tribunals; 3) the general principles of law, the common law rules of the constitution. (Dicey, 1915)
The rule of law plays an indispensable role for sustainable development and poverty alleviation since it is the root cause for rapid economic growth. The very essence of the Rule of Law is that everyone is equal before the law and that fair justice must be conferred without fear or favour. It provides deference to constitutional supremacy and upholds human rights. “It is important to emphasize that the absence of arbitrary powers is the first essential of the Rule of Law upon which our whole constitutional system is based. In a system governed by the rule of law, discretion when conferred by upon executive authorities, must be confined within clearly defined limits” (Aeltemesh Rein, Advocate, Supreme Court of India v/s Union Of India And Others).
The rule of law plays a crucial role in sustaining constitutionalism and strengthening democracy in India. Indian democracy has been protected, enhanced and enriched by principles of rule of law (Dr. Singhvi L.M., 2002). It is enshrined in Aritcle 14 of the Constitution of India that rightly said to be the “basic feature” of the constitution that cannot be destroyed even when amended under Article 368 of the Constitution. There is a close network between the rule of law, sustainable development and eradication of poverty. Without adherence to the rule of law, there can be no sustainable development. Without the rule of law, there can be no protection and safeguard of human rights. In Zahira Habibulla H. Sheikh v/s State of Gujarat, the Supreme Court of India observed that, “the principles of rule of law and due process are closely linked with human rights protection….”
The outcome of the United Nations Conference well known as Earth Summit held in Rio de Janeiro, Brazil on 20-22 June, 2012 focused on the notion of sustainable development and eradication of poverty has taken firm steps on this overwhelming background by implementing policies and programmes, executing and enforcement of laws and signatory to the various International and Regional Agreements on sustainable development.