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
Date Written: September 27, 2013
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
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