Rule of Law in Democracy: Addressing Disillusionment in Traditional Rule of Law

Context: This editorial is based on the news “Curb the disillusionment with the traditional rule of law”which was published in the Hindu. In the modern era, rule of law is important as it ensures the faith in the inherent “goodness” or desirability of the “norm” that sets the boundaries between right and wrong.

Source of Rule of Law in Democracy

• In the modern secular context, the Constitution of India acts as a source of rule of law.

M.K. Gandhi & Rule of Law

• The father of the nation- M.K. Gandhi, considered, a duly enacted law needed to be respected.
• He was of the view that it was the moral duty of a citizen to oppose an unjust law by all democratic means. 
  • For Example: The Dandi March, a mass civil disobedience movement undertaken by Gandhi against the salt tax, set an example for the respect for “norms” when he agreed to be willingly subjected to criminal proceedings for breaking the law.

Challenges for “Rule of Law in Democracy”

• Out-datedness or infirmities in the laws.
• Crisis of credibility

How Does the Government Deal with Out-Datedness or Infirmities in the Laws?

Replacement of Laws: 

• First Phase: After a detailed identification of the problematic laws, in the first phase, the Jan Vishwas (Amendment of Provision) Act, 2023 was passed to bring about changes in 42 central Acts of varied genre, ranging from the Indian Post Office Act, 1898, the Railways Act, 1989, and the Cinematograph Act, 1952.
• Second Phase:  The colonial period Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 were replaced by the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita and the Bharatiya Sakshya (Second) Bill, 2023, respectively.

Blot on ‘Rule of Law’: Examples

• Custodial Torture and Civilian Deaths: Custodial torture and civilian deaths in the course of security force action and inquiry after the ambush of Army vehicles in Poonch district.
• Bulldozer Justice: Policing, through encounters, and justice  through ‘bulldozers’, has gained currency recently to replace ‘investigation’, which involved visiting a scene of crime, interrogation of witnesses, arrest, search and seizure. 
• Mob Lynching: Mob lynching is  a gross violation of ‘Rule of Law’.
• Bilkis Bano Case:  11 men who were sentenced to life for the gangrape of Bilkis Bano and murder of her family members during the 2002 riots were released by the Gujarat government.

Importance of Rule of Law in Democracy

• No public official can act in an arbitrary manner by misusing power.
• People trust enhance in governance
• People’s rights remain secure during rule of law.

Conclusion

• Not only laws but the people who implement them should have good intentions to succeed in the rule of law. Judiciary needs to be proactive in implementing the rule of law.