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Demolition drives may challenge the rule of law

Gs paper-2

Syllabus: Rule of law

 

Context:

  • The recent demolition drives in the aftermath of the row over the remarks on Prophet Muhammed may challenge certain basic tenets of law, including the right of a person to be heard first.
  • The state can deprive a person of his or her property only after following due procedure and under the authority of a valid law as mandated under Article 300A of the Constitution.

 

Rule of Law:

  • Rule of law is a legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.
  • It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials.
  • The doctrine of rule of law has its origin in England and is given by A.V. Dicey which has 3 fundamental principles:
  1. Absence of arbitrary power, that is, no man is punished except for a breach of law.
  2. Equality before the law: equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.
  3. The primacy of the rights of individuals, that is, the constitution is the result of the rights of the individual as defined and enforced by courts of law, rather than the constitution being the source of the individual rights.

 

Current Affairs

 

Article 300A:

  • It states that no person shall be deprived of his property save by the authority of law.
  • It protects an individual from interference by the State and dispossesses a person of the property unless it is in accordance with the procedure established by law.
  • Right to Property is no longer a fundamental right, rather it is a Constitutional Right and now exists in Article 300A.
  • Article 300A was inserted shortly after the Emergency Through the Constitution 44th Amendment Act of1978.
  • In T Plantation Pvt. Ltd. Vs. State of Karnataka, 2011 the SC held that public purpose was a precondition for deprivation of a person of his property under Article 300A of the Constitution and the right to claim compensation was also inbuilt in that Article.
  • The right to property under Article 300A is a human right(former Supreme Court judge)

 

Insta Links

Prelims link:

  1. Rule of Law
  2. Article 14
  3. Article 300A
  4. Prophet Mohammad in Islam

Mains Link

  1. What do you understand by ‘Rule of Law’? Discuss some of the challenges in upholding Rule of law in a democratic country like India. (15M)

 

Q3. Consider the following statements:

  1. Right to property was first time included within the constitution by the 44th constitutional amendment Act, 1978.
  2. Right to property is a constitutional right under Article 300A.

Which of the statements given above is/are not correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (a)