Upholding the Rule of Law in India: A Journey from John Locke to the Constitution
Jonathan Justus
Skilled at breaking down complex problems into smaller, manageable steps.
As we navigate the intricate landscape of legal principles, it's essential to reflect on the profound influence of thinkers like John Locke on the development of the Rule of Law. In India, this concept has evolved through a tumultuous history, with significant milestones reshaping its course.
John Locke, the 17th-century English philosopher, championed the idea that governmental authority should be bound by laws, and individuals' rights should be protected from arbitrary actions. His philosophy laid the groundwork for modern democratic governance, emphasizing accountability, fairness, and the separation of powers.
In India's context, the struggle for the Rule of Law was palpable during the colonial era, particularly under British rule. The Privy Council, serving as the highest court of appeal for India during that time, often demonstrated arbitrariness in its judgments, undermining the very essence of the Rule of Law.
However, the winds of change began to blow with India's independence movement, culminating in the framing of the Constitution of India. Drawing inspiration from various sources, including Locke's principles, the framers enshrined the Rule of Law as a fundamental tenet.
One pivotal development was the establishment of an independent judiciary, symbolized by the emergence of the Supreme Court of India, which replaced the Privy Council as the final court of appeal. This transition marked a decisive shift towards upholding the Rule of Law, ensuring justice and fairness for all citizens.
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The Rule of Law finds explicit mention in Article 14 of the Constitution of India, which guarantees equality before the law and equal protection of laws to all individuals. This provision serves as a beacon, guiding the legal system towards impartiality and accountability.
In practice, landmark cases have further fortified the Rule of Law in India. For instance, in Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the scope of Article 14, emphasizing that the law must be reasonable and not arbitrary. This decision reaffirmed the judiciary's role in safeguarding citizens' rights from arbitrary state actions.
In conclusion, the journey of upholding the Rule of Law in India is intertwined with the legacy of John Locke and the collective efforts to establish a just and equitable society. As we continue to navigate the complexities of governance and justice, let us remain steadfast in our commitment to uphold the Rule of Law, ensuring that it remains the cornerstone of our democracy.
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