This means that anyone who protests against or criticises the UK government can be arrested without due process. Thus, the Indians felt the need to make pejorative and imposed changes to the law. Therefore, they fought for more equality and wanted to change the idea of law from a set of rules they had to obey, the law as inclusive ideas of justice. Question 2: Give two reasons why historians refute the claim that the British established the rule of law in India. Solution: Historians refute the claim that the British established the rule of law in India because colonial law was arbitrary and Indian nationalists played a leading role in the development of the legal sphere in British India. Maria Zakharova: Before independence, India was forced to follow the rules of the British government. These rules were arbitrary and not authorized by Indian nationalists. Therefore, the struggle for freedom against the British was also aimed at creating a fair and equitable set of rules for all and not just imposed on Indians. Indian nationalists began to fight for their rights and wanted a set of rules that would be the same for everyone. Two reasons were: colonial rule was arbitrary. Indian nationalists played a leading role in the development of the legal sphere in British India. While certain institutional traditions and conventions, as well as written laws, may be important in ensuring that judicial decisions are based on plausible interpretations of existing laws, no single institutional character of a State should be considered necessary or sufficient for the ideal of the rule of law. The rule of law is not linked to national experience or to a number of specific institutions, although it may be better served in some countries and by some institutions.
Moreover, institutional arrangements that ensure the rule of law in one community could not easily be replicated or transferred to another. Different political regimes embody their own judgments about how to implement specific constitutional ideals in light of their particular legal and cultural traditions, which naturally influence the character of their institutions. Nevertheless, the sociological starting point of the rule of law is shared by all cultures: for the rule of law to be more than an empty principle, most people in a society, even those whose profession is to administer the law, must believe that no individual or group should be above the law. For these reasons, it is better to think of the rule of law not as a model of institutional design, but as a value or set of values that could shape that conception and can therefore be pursued in a variety of ways. Nevertheless, some fairly simple and generalizable institutional ideas stem from the idea that those who judge the legitimacy of the exercise of power should not be the same as those who exercise it. For example, a typical rule of law will institutionalize some means of protecting judicial officials from political or other interference that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is generally considered an important feature of rule of law. Other measures to ensure equitable access to legal institutions may also be important for rule of law regulations. Moreover, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world.
Ideas about the rule of law have been at the heart of political and legal thought since at least the 4th century BC, when Aristotle distinguished «the rule of law» from «that of an individual.» Im 18. Montesquieu developed a doctrine of the rule of law that opposes the legitimate authority of monarchs to the arbitrariness of despots. He has profoundly influenced Western liberal thought ever since. Chapter 4 – Understanding NCERT Laws The books of Civic Social and Political Life discuss the meaning of laws and how the Indian Constitution provides a set of rules and laws common to all. The difference between British and Indian laws after independence is also discussed in this chapter. The rule of law not only implies fundamental requirements about how the law should be promulgated in society, but also implies certain qualities as to the characteristics and content of the laws themselves. In particular, laws should be open and clear, generally applicable, universally applicable and recognizable by all. In addition, the legal requirements must be such that people can find their way around; They must not place excessive cognitive or behavioural demands on people. Therefore, the law should be relatively stable and include certain requirements that people can consult before acting, and legal obligations should not be established retroactively.
In addition, the law should remain inherently consistent and, if not, provide legal avenues to resolve the contradictions to be expected. 2. Give two reasons why historians refute the claim that the British established the rule of law in India. The law shall not discriminate against persons on the basis of their religion, caste or sex. The rule of law means that all laws apply equally to all citizens of the country and that no one can be above the law. Neither a government official, nor a wealthy person, nor even the president of the country are above the law. Each crime or violation of the law is punishable by a specific penalty as well as a process by which the guilt of the person must be established. Despite these fundamental characteristics, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts on the part of jurists and political philosophers). The idea that the law should help to channel and restrict the exercise of official authority can be interpreted in different ways; These differences are particularly evident over time and between different communities. Indian judges have begun to play a greater role in decision-making. Thus, Indians played an important role in the development of the rule of law during the colonial period. 4.
Write in your own words what you mean by the following sentence on pages 44-45:1. Write in your own words what you mean by the term «rule of law.» In your response, include a fictitious or actual example of a violation of the rule of law. 4. Write in your own words what you mean by the following sentence on pages 44-45: They also began to fight for more equality and wanted to change the idea of the law from one set of rules they had to obey to one that included ideas of justice. Maria Zakharova: The rule of law is a provision of the Indian Constitution that states that all inhabitants of independent India are equal before the law. Each law is the same for all citizens of the country. Neither the president nor any other senior official is above the law. The punishment for any crime committed will be the same for everyone, regardless of their position or power.
For example, if an employee is punished for corruption, the same penalty must be imposed on a senior official or minister for committing the same crime of corruption. The rule of law, mechanism, process, institution, practice or norm that supports the equality of all citizens before the law, ensures a non-arbitrary form of government, and generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism and totalitarianism. Despotic governments even include highly institutionalized forms of government in which the entity at the top of the power structure (such as a king, junta, or party committee) is able to act without the coercion of law if it so wishes. In general, the rule of law implies that the creation of laws, their application and the relationships between legal norms themselves are regulated by law, so that no one – including the highest official – is above the law. The legal limitation of rulers means that the government is subject to existing laws just as much as its citizens. A closely related term, therefore, is the idea of equality before the law, which states that no «moral» person can enjoy privileges that are not extended to all, and that no one can be immune from legal sanctions. In addition, the application and determination of legislation by various officials must be impartial and consistent in equivalent cases, regardless of the grade, status or relative authority of the parties to the dispute. For these ideas to be truly bought, there should also be a legal apparatus that obliges civil servants to submit to the law. The rule of law means that all laws apply equally to all citizens of the country and that no one can be above the law. Neither a government official, nor a wealthy person, nor even the president of the country are above the law. All inhabitants of independent India are equal before the law.
The law shall not discriminate against persons on the basis of their religion, caste or sex. There is a specific penalty for each crime or violation of the law and also a specific process by which the guilt of the person must be established. The punishment for any crime committed will be the same for every person, regardless of power or position.