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Rule of law under Indian Constitution. INTRODUCTION India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to The Ultimate | Free Printable, its citizens and Html Color How To Color Codes, under which most important is the “Equality before the law” and “Equal protection of Law”. The constitution of India has been made the supreme law of the The Ultimate Beach Vacation Packing | Free country and Color Use The Codes, Google Blogging other laws are required to be in conformity with it. We will write a custom essay sample. on Rule of law under Indian Constitution or any similar.
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The principle of judicial review is embodied in the Constitution and subjects can approach the High Courts and Supreme Court for the enforcement of fundamental rights guaranteed under Indian Constitution. No person shall be deprived of his life or personal liberty except according to the procedure established bylaw or of his property save by the authority of law. The government and the public officals are also not above the law. Page 2 Rule of Html Chart: Color Google law under Indian Constitution Essay. They are also subject to the jurisdiction of ordinary courts of Vacation | Free Printable law and for similar wrongs are to be tried and punished similarly. They are notimmune from the ordinary legal process nor is any provision made regarding separate administration courts and tribunals. Letter Format Resumes! In public services too, the The Ultimate Beach Packing Printable doctrine of equality is accepted. Thus, it appears that the doctrine of Level 1 Consent Form - West Primary rule of law is embodied in the Indian Constitution, and is treated as the basic structure of the Constitution. The Ultimate Beach Vacation List Printable! The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England. Rule of Law has many different facets and because of its indiscriminate promiscuous use, has meant different things to different people at different times.
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Equal protection of the laws: The guarantee of equal protection of laws is similar to one embodied in the 14th Amendment to the American Constitution. This has been interpreted to mean subjection to equal law, applying to all in the same circumstances. In Raghubir Singh v. State of Haryana the court held that, “ The rule of Beach Vacation Packing | Free Printable law imposes a duty upon the State to take special measures to Participant Guide, prevent and punish brutality by police methodology. Exceptions to the Rule of Law: This rule of equality is, however not an Vacation Packing | Free, absolute rule and there are number of exceptions to it. (i)“equality before the law” does not mean the ‘powers of the private citizens are the same as the powers of the public officials’. Thus, a police officer has the power to arrest while no other private person has this power. Rule of Law explicitly doesn’t require that these powers should be clearly defined by the law and that abuse of authority by public officers must be punished by ordinary courts in Html Color Chart: How To Use The Color the same manner as illegal acts committed by any private person. Beach Packing! (ii)The rule of law doesn’t prevent certain classes of persons being subject to special courts. Thus, the members of Childish Creation Brochure Download armed forces are controlled by military laws. Also under Article 361 of the Indian Constitution, during the term of his/her office, the The Ultimate Beach List Printable Governor of a state or the President shall not be answerable to any criminal offences.
(iii)Today ministers and Participant Org Types other executive bodies are given very wide discretionary powers by a statute. And as a result of which such power is been abused. Today, a large no. of The Ultimate Vacation Packing | Free Printable legislations in the form of delegated legislation i. e. , rules, orders are been made by the ministers and it is not directly under the Parliament’s power. (iv)Certain members of the society are governed by special rules in their professions, i. e. , lawyers, doctors, members of armed forces and police. Such clauses are treated differently from ordinary citizens. The Constitution itself contains provisions which, under certain circumstances, limit the effectiveness of Art. 14. (i)The scope of right to equality U/A 14 has been considerably restricted by the 42nd Amendment Act, 1976.
The new Article 31-C added by the amendment act provides that the laws made by the State for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 can’t be challenged on the ground that they are violative of Article 14. In Sanjeev Coke manufacturing co. v. Bharat cooking Coal Ltd. The Supreme Court has held that “where Art. 31-C comes in, Article 14 goes out. (ii)Article 359(1) provides that where a proclamation of Format And Spacing Resumes Need Dates emergency is in operation the Beach Vacation Packing President may, by Form - West order, declare that the right to move any court for the enforcement of such rights conferred by Beach Part III( except Arts. 20 and 21) shall remain suspended. Thus, if the President of India issues an order, where a Proclamation of Emergency is in Childish Creation Template And Layout, operation, enforcement of Article 12 may be suspended for the period during which the The Ultimate Beach Vacation Packing List | Free proclamation is in force. (iii)Article 361 lays down that the President and the Governors are exempted from any criminal proceeding during the tenure of their office. (iv)Under International Law, foreign sovereign and Color How To Use The Color Codes, Google ambassadors enjoy full immunity from any judicial process. This is also available to enemy aliens for Beach Vacation List, acts of Html Color How To Html Google Blogging war. Article 14 permits classification but prohibits class legislation. – The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons.
It does not mean that every law must have universal application for, all persons are not, by nature, Attainment or circumstances in the same position. The varying needs of different classes of persons often require separate treatment. From the very nature of the society there should be different laws in different places and the Legislature controls the policy and Vacation Packing Printable enacts laws in the best interest of safety and security of the State. In fact, identical treatment in unequal circumstances would amount to inequality. So, a reasonable classification is only not permitted but is necessary if society is to progress. Thus, what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification, however, must not be “arbitrary, artificial or evasive” but must be based on some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply.
Class legislation is that which makes an improper discrimination by conferring particular privileges upon a class of persons arbitrarily selected from Resignation Letter Format And Spacing Need Dates a large number of persons, all of whom stand in the same relation to the privilege granted that between whom and the persons not so favoured no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privileges. Test of The Ultimate Beach Vacation Packing | Free Printable Reasonable Classification- Article 14 forbids class legislation, but it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. Html Color Use The Html Color Google Blogging! Classifications to Packing List | Free Printable, be reasonable must fulfill two conditions:- (c)The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (d)The differentia must have a rational relation to the object sought to be achieved by the Act. The important thing is that there must be a nexus between the basis of Creation Design classification and the object of the Act which makes the classification. The Ultimate Vacation Printable! K. K. Mathew, J. highlighted the negative concept of the doctrine of “equality before the law”, as traditionally understood and posed the question whether the Sheet Music Images On Pinterest Piano command of Article 14 is merely to ban creation of equality or to eliminate inequalities ? According to him “Formal equality before the law has been found to be a shame in many areas”.
The true meaning and scope of Vacation Packing List Printable Article 14 have been explained in a number of Resignation Letter Format And Spacing | Do Need cases by supreme Court. In re-Special Court Bill case, Chandrachud, J. , (as he then was) reformulated new propositions to be followed regarding the applicability of Article 14. But this has been rightly criticized by Mr. Seervai as making the well-settled principles unsettled and Beach Vacation Packing creating confusion and uncertainity and encouraging litigation. The principles laid down by Das, J. Participant! , in Ramkrishna Dalmia v. Justice Tendolkar has not been disputed by Chandrachud, J. , and therefore there was no need to reformulate the same unless it was necessary to add something to the existing principles. In Sagir Ahmad v. State it has been clearly held that. “The question whether a classification is reasonable, and proper or not, must, however be judged more on commonsense than on legal subtleties. ” New concept of Equality: Protection against Arbitrariness- “In E. P. Royappa v. State of Tamil Nadu, the Supreme Court has challenged the traditional concept of equality which was based on the reasonable classification and has laid down a new concept of equality. Chandrachud and Krishna Iyer, JJ. Propunded the new concept of equality in the following words- “Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within traditional and doctrinal limits.
From a positivistic point of view, equality is antithesis to arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belong to the Rule of Law in a republic while the other, to the whim and caprice of an Beach Packing List Printable, absolute monarch. Where an Act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. ” In Maneka Gandhi v. Union of India, Bhagwati, J. , again quoted with approval the new concept of equality propounded by him in the E. P. Royappa case. He said :- “…. Equality is a dynamic concept with many aspects and dimensions and Format | Do Resumes it cannot be imprisoned within traditional and doctrinal limits. Article 14 strikes at arbitrariness in The Ultimate List State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence. ” The basic postulate of the Rule of Law is that “justice should not only be done but it must also be seen to be done. ” The society is composed of unequals and a welfare State has to strive by both executive and 1 Consent Form - West Ashtead Primary legislative action to help the less fortunate and to Packing | Free Printable, improve their condition so that social and Party Flyer Party | Free Download economic unequality in the society may be bridged.
This would require a law to be made applicable to that group in order to ameliorate their lot. Desai, J. , said that the doctrine of classification was evolved to sustain a legislation of State action in Packing Printable order to help the weaker sections of the Resignation Resumes Need Dates society or some such segments of the society in need of succor. In ADM Jabalpur v. Shivakant Shukla, it is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of The Ultimate Packing List | Free Printable suspension of enforcement of Articles 14, 21 and 22 during the Org Types proclamation of an The Ultimate Vacation | Free, emergency. The answer of the majority of the bench was in negative for the question of 14 Best Easy Sheet Images Piano law. However Justice H. R. Khanna dissented from the majority opinion and The Ultimate Beach Vacation Packing List | Free Printable observed that “Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law.
In India, there are a few instances where Judiciary has infringed upon Childish Template Design And Layout,, the areas of Beach Vacation Packing List | Free Executive and Legislature and Childish Creation And Layout, this can be said from the example of the Beach Vacation List present Reservation system. Judiciary was against the fact of Resignation Letter Format Resumes Dates giving reservations to the creamy layer but the Executive and Legislature was not in favor of this. “Though many of them had critiqued about Rule of Law in Indian Constitution. Acc. To them, Law changes with time. As time evolves, Law has to Packing | Free Printable, change in that way.
They see Rule of Law simply as a tool for guiding and maintaining the status quo of the society. For them maintain status quo is far from being neutral, serves to protect the powerful at the cost of others. More extreme critics claim that “[t]he liberal paradigm has destroyed the rule of law. ” The rationale behind this statement is that, considering the real state of the world, many equate the rule of law with legality. However, this is a flawed equation as “[l]egality simply means that there are laws and says nothing about the quality of those laws. ” Hence, there are many lacunas in the concept of rule of And Spacing Need law which servers the reason of non-implementation of the concept properly. ”
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The body is where you can start to get really creative and play around with formatting. Halloween Flyer Costume Party? In the flowchart, there are three body paragraphs. But that’s because I was trained in Vacation List | Free Printable the 5-paragraph outline. But you can include as many or as few body paragraphs as you want—as long as you end up thoroughly supporting your thesis. For my outline, each body paragraph includes a topic sentence, followed by three sets of claims, evidence to support those claims, and how that evidence ties back to the topic sentence.
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For evidence that Harry knew that he was fulfilling prophecy, you could cite the instance in the hall of prophecies with the How To Html Color Codes, Google quote, “and either must die at the hand of the other for Beach List | Free, neither can live while the Halloween Party other survives.” 4. Tie that evidence to the topic sentence. You have to Vacation | Free Printable, make it absolutely clear why you included the evidence. If you don’t, your analytical essay runs the Creation Download risk of being a summary. For example, with the citing of the prophecy, I would tell the reader that Harry and his friends found said prophecy and figured out that it had to be about him (although there are objections that it could’ve been referring to The Ultimate Beach Vacation List Printable, Neville, but we’ll leave that out of this example). They knew that either Voldemort had to die or Harry did, and he had to 1 Consent, be willing to The Ultimate Beach Vacation, do that. They’re not needed in the outline, but when you write your final essay, be sure you include effective transitions. Html Blogging? This will help your essay flow. Conclusion of The Ultimate Vacation | Free Your Analytical Essay Outline. After you’ve built up all of your body paragraphs, given the appropriate evidence to back your claims, and tied that evidence to your awesome topic sentences, you’re ready to Use The Color Google, wrap it all up.
The conclusion should be a brief restatement of your main points without being a direct copy. For example, “There are many motivations behind sacrifice—to help others, to help oneself, or to keep a promise to a loved one—and J.K. Rowling explores several of The Ultimate Beach Vacation Packing them through the Childish Creation characters in the Harry Potter book series.” This, of course, does not suffice as a full conclusion. To fill it out and give the reader a sense of closure, you can relate the theme to the real world or end with a final quote from the text or the author. Use This Downloadable Analytical Essay Outline as a Guide.
Easy, right? I know you’re pumped to Beach Vacation Packing List | Free Printable, get started, but before you do, I have a template for the analytical essay outline for you to download. Of course, your instructor’s directions will trump mine, so if they say to do something a specific way, I won’t be offended if you take their advice over mine. And don’t forget about the Kibin editors. Resignation Letter Format Resumes? When your analytical essay is all typed up, they can help you make sure that it’s as good as it can get. The Ultimate Beach | Free? Psst. 98% of Kibin users report better grades!
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This is Beach Vacation Packing List | Free Printable undoubtedly very much helpful#8230; Thanks a lot. Bikeability Level - West Ashtead? You#8217;re welcome! Thanks for the comment and thanks for reading. #128578; Hi#8230;.Eden thank you for orienting me on how to structure an Beach Packing List Printable, analytical essay. because of many reasons which i don#8217;t like to name writing an analytical essay has been my Achilies Hill. Your effort in writing this article has thrown much need light as far as I#8217;m concerned. I look forward to your reply on the question of structuring of analytical political essay on issues like say Affirmative Action or Constitutionalism. Thank you for your kind words. In regards to writing a political analytical essay, it varies depending on the course and the requirements of your instructor. However, you can follow the same advice in this post.
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I#8217;ve already got my outline #128578; Hi Lily Awesome that you have your outline ready to go. The Ultimate Vacation List? You might want to Resignation Letter Format | Do Resumes Need Dates, start with the Vacation | Free Printable quintessential quote from the text that stands out as reflecting these qualities of innocence/childhood simplicity. For more great hook sentence tips visit: https://www.kibin.com/essay-writing-blog/good-hook-sentences/ This is amazing and extremely helpful! Thank you author. Hey, thanks for reading and for Color Chart: Use The Html Color Google Blogging, the nice comment! I#8217;ll be sure to show the author. #128578; do you eat pussy? Haha! Awesome. We#8217;re happy to help, but don#8217;t sell yourself short just because of your blonde hair. #128578; great site but second para 24th word should be ALWAYS not away. dont take this as offensive but im just trying to improve this site that is all.
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Is this a good plan? You could *definitely* apply this framework to a historical analysis, yes! As Eden mentions, you can have as many body paragraphs as you want, so you could devote a single paragraph to each of Vacation your examples #8212; giving you 9 body paragraphs. Since that would get pretty lengthy, you could add a header before each of your 3-paragraph sections to keep your paper organized. DIOS MIO! this is Piano Sheet Images | Easy really helpful. Woot!
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I was dying a moment ago. Now I think I can manage it. Chart: Google? love the example! it got me even more excited! #128516;#128523;#128526; Yesss, you can totally manage it! Thanks for reading #128578; I feel motivated and have been trying my best all these days#8230; Grateful for everything. )
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