An Analytical Study of Role of Courts in Upho...

An Analytical Study of Role of Courts in Upholding Rule of Law in India

Author Name : A. Suganthini, S. Jenifer Stella

ABSTRACT

This Article studies about the Role of Courts in upholding rule of law in India. The concept of Rule of law deals with three important points of discussion by A.V.Dicey, i.e., supremacy of law, equality before law and predominance of Legal spirit. The Indian Constitution has adopted Dicey’s rule of law and even in the preamble of the Constitution of India it states about justice, liberty and equality. The concept of Rule of law is the golden thread for the entire Indian Constitution. Article 14 and 21 incorporates an essential aspect of Rule of Law and makes it part of the fundamental rights guaranteed in part III of the constitution.  Various judgments of the Supreme Courts have upheld the concept of Rule of Law. Judiciary in India has been the most vigilant defender of democracy, democratic values and constitutionalism. The decision of the Apex court is binding on all courts. The Supreme Court decisions on upholding the Rule of law is binding on all High Courts and subordinate courts and acts as a precedent. The Supreme Court had taken utmost care in upholding the rule of law in India.

Keywords: Rule of Law, Role of Courts, Supremacy of Law, Equality before Law and Predominance of Legal spirit.