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The Rule of Law and Constitutional Safeguards (Typing Test for Court Exam)
created Yesterday, 03:36 by RahulBhai
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The Constitution of India is not merely a legal document but a charter of values and principles that guides the governance of the nation. At its core lies the doctrine of the "Rule of Law," which implies that the law is supreme and no individual, however high or powerful, is above it. This principle is the antithesis of arbitrary power. In a democratic setup, the government must function within the limits defined by the Constitution. Any action by the State that violates these limits is liable to be declared ultra vires and void by the judiciary. The concept of equality before the law, enshrined in Article 14, ensures that every citizen is subject to the same ordinary laws of the land and is amenable to the jurisdiction of the same courts. One of the most dynamic provisions of the Indian Constitution is Article 21, which guarantees the "Protection of Life and Personal Liberty." Over the decades, the Supreme Court has interpreted this article expansively. It is no longer restricted to mere animal existence but includes the right to live with human dignity. The judiciary has read into it various implied rights, such as the right to a clean environment, the right to privacy, the right to a speedy trial, and the right to free legal aid. This judicial activism has transformed Article 21 into a powerful tool for social justice, ensuring that the poor and marginalized are not deprived of their basic human rights due to procedural technicalities. To enforce these rights, the Constitution provides effective remedies. Article 32 is often described as the "heart and soul" of the Constitution because it empowers the Supreme Court to issue writs - Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari - for the enforcement of Fundamental Rights. Similarly, the High Courts have wider powers under Article 226. These constitutional courts act as the "sentinel on the qui vive" (watchful guardian), protecting citizens from legislative and executive excesses. However, rights and duties are two sides of the same coin. While citizens enjoy these liberties, they also have a duty to respect the rights of others and uphold the sovereignty and integrity of India. The challenge for the legal system is to strike a balance between individual liberty and social control. An egalitarian society can only be built when the machinery of justice is accessible, affordable, and accountable.
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