The Rule of Law in India: The Chasm between Paper and Practice

The Rule of Law: A Comparative Perspective, pp. 27-45, Guiguo Wang and Fan Yang, eds., Hong Kong: City University of Hong Kong Press, 2013

19 Pages Posted: 28 Sep 2013

See all articles by Surya Deva

Surya Deva

City University of Hong Kong

Date Written: September 27, 2013

Abstract

This chapter highlights the gap between ‘paper’ and ‘practice’ in relation to the rule of law in India. It examines three interrelated facets of the rule of law: operating as a check on governmental powers; requiring the state to treat people equally and safeguard their human rights; and providing for judicial review of legislative and executive actions by an independent judiciary. Although the rule of law pervades the Constitution as an underlying principle, building a rule of law society remains a work in progress in India.

Keywords: Rule of law in India, Paper versus practice, Limited government, Protection of human rights, Judicial independence, Judicial delays

Suggested Citation

Deva, Surya, The Rule of Law in India: The Chasm between Paper and Practice (September 27, 2013). The Rule of Law: A Comparative Perspective, pp. 27-45, Guiguo Wang and Fan Yang, eds., Hong Kong: City University of Hong Kong Press, 2013, Available at SSRN: https://ssrn.com/abstract=2331885

Surya Deva (Contact Author)

City University of Hong Kong ( email )

School of Law
83 Tat Chee Avenue
Kowloon Tong
Hong Kong

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