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Rule of Law in IndiaA Quest for Reason$
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Harish Narasappa

Print publication date: 2018

Print ISBN-13: 9780199484669

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780199484669.001.0001

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Rule of Law in Practice

Rule of Law in Practice

Judicial and Political Understanding

Chapter:
(p.63) 3 Rule of Law in Practice
Source:
Rule of Law in India
Author(s):

Harish Narasappa

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199484669.003.0003

In the first part, the interpretation and application of the rule of law by Indian courts, primarily the constitutional bench of the Supreme Court of India is analysed. A review of the major principles laid down by the Supreme Court in relation to equality and liberty is followed by a critical examination of the innovative jurisprudence developed by the Court while interpreting Article 21. The principles of judicial independence, separation of powers, and evolution of the basic structure doctrine, as well as their relationship with the rule of law is critically evaluated. In the second part the political understanding of the rule of law is examined, particularly focusing on Nehru’s comment that the rule of law should follow the ‘rule of life’ and its meaning and continued impact on lawmaking. The chapter concludes by identifying four broad themes of the Rule of Law in India.

Keywords:   rule of life versus rule of law, basic structure doctrine, interpretation of rule of law, principles relating to equality and liberty, separation of powers

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