Vague perception-based measures of justice in global surveys are of no use. India has quantifiable metrics to gauge legal reform but disregards these
Jurists find it difficult to pin down the expression Rule of Law (ROL). Every law student will quote British jurist Albert Venn Dicey, though ROL principles existed even in India. Rama speaking to Bharata in Valmiki Ramayana and Narada speaking to Yudhishthira in Mahabharata had elements of ROL. The idea is simple:
If ROL is such a simple idea, why do legal scholars grapple over it? The formal definition is clear. Laws must be consistent and certain, applied equally, with no special or differential treatment for select groups. That law must be known to everyone and not be applied retrospectively. These principles underlie many of India’s court judgments, as elsewhere.
- Equality before law.
- Supremacy of law passed by legislature, not divine right.
- Impartial and transparent judicial procedures.
If ROL is such a simple idea, why do legal scholars grapple over it? The formal definition is clear. Laws must be consistent and certain, applied equally, with no special or differential treatment for select groups. That law must be known to everyone and not be applied retrospectively. These principles underlie many of India’s court judgments, as elsewhere.