This collection of eleven essays, based on lectures organized by the Nehru Centre, analyse different dimensions of rule of law. Despite the book’s title most of the essays deal with the Indian experience while drawing from developments in other parts of the world. The concept of rule of law as has developed through centuries is often difficult to comprehend as it means different things to different people. Often described as ‘an unruly horse’ it has nevertheless been a fundamental principle in good governance. As Menon points out in his preface, the key determinant in the continuance of rule of law is the provision of adequate safeguards against the abuse of power. This check and balance of the executive is provided by a scheme of limitations of power including freedoms guaranteed to the citizens and the separation of the executive and the judiciary.
In the Indian context, in addition to separation of powers between the various branches of constitutional institutions, the existence of judicial review of executive action provided under the Constitution ensures that power is exercised within the limits of law. Sadly enough these structures are proving to be shaky and the rebuilding of their foundations seems an uphill task. The essays raise these concerns and try to find some answers.
Certain common concerns are raised by most of authors. Prominent among them is the corruption and criminalization of politics that the authors see as major impediments to good governance. Except for three essayists all others belong to the field of law. There is thus a greater focus on issues concerning the judiciary and the legal system.
The essays are divided into three parts. The first part deals with the concept and relevance of rule of law. Soli Sorabjee traces the development of rule of law through judicial precedents and links it to the process of globalization. ‘There cannot be a fair process of globalization unless it is accompanied by an effective rule of law structure and is made subject to its discipline’ (p. 7). He argues that since multinational and transnational corporations in the wake of globalization have become dominant economically and politically they should be described as state actors. P. Chidambaram addresses the difference between rule of law and rule by law. ‘Under rule of law, howsoever high you may be, the law is above you while under rule by law, a small section of the people arrogates to itself the power to rule. That section remains above the law, bends the law to suit its needs or brazenly breaks the law if it is necessary to achieve its own ends’ (p. 21). G.E. Vahanavati traces the development of law through judicial precedents which define certainty and bemoans the fact that many judges today do not wish to be bound by precedents. Justice K.T. Thomas’s essay on the Constitution of India and the rule of law takes us back to the days before the Emergency and to the politics of the then government that went on to supercede three judges for the post of the chief justice of India merely because they held in Kesavananda Bharati’s case that the Constitution and not Parliament was supreme. When the superceded judges resigned, the government filed a review of the judgment. However, the new bench of thirteen judges reaffirmed the view. The contribution of this judgment to rule of law can never be undermined.
The second set of essays deal with rule of law and institutions of state. Menon examines the role of the legislature, executive and the judiciary in relation to maintenance of rule of law and provides an assessment of institutions such as the Election Commission and the Human Rights commission. V.K. Saraf reflects on the politician-bureaucrat nexus and explores the role of judicial control of administrative action in maintaining rule of law and pleads for public activism at various levels. Centre-state relations in terms of legislation, finance, executive and administra-tive relations as well as resolution of disputes are critiqued in Justice J.S. Verma’s essay in rule of law and inter-state relations. Justice M.N. Venkatachaliah traces the evolution of the idea of rule of law, and locates it in the concept of legality. His essay also addresses the perennial debate of parliamentary supremacy in relation to judicial review.
The third part of essays deals with threats to rule of law. Corruption according to N. Vittal is like AIDS (p. 132). ‘AIDS comes out of uncontrolled sexual behaviour, corruption is uncontrolled financial behaviour’ (p. 132). Such an unfair comparison notwithstanding, the author traces the roots of corruption in electoral politics but argues that it has pervaded every walk of life. ‘The average Indian pays in all a bribe to the extent of Rs. twenty-six thousand crores in ten sectors and the most corrupt sector turned out to be the medical profession’ (p. 144). He describes his own experience of naming and shaming public servants found guilty of corruption in his web site and the criticism and resistance that it met. The author’s experiences as chief vigilance commissioner find ample narrative in this essay. Prakash Singh’s essay is about the challenges terrorism poses to rule of law and the tensions posed between security concerns and human rights considerations. While providing an overview of anti-terrorist laws in the USA, UK, France and India the paper critiques the American treatment of Iraqi and Afghan prisoners. The essay does not examine the links between money laundering and terrorism and its impact on rule of law but provides examples of brutalities perpetuated by various regimes in the name of addressing terrorism.
While these ten essays address rule of law from the perspective of the politician, the bureaucrat, the lawyer and the judge, the last essay by B.S. Chimni takes a very different view and explores major developments in the international arena that have a great impact on the way the understanding of rule of law is developing today. Chimni addresses international relations and the rule of law. He argues that a new international rule of law is taking shape at the initiative of the developed world. ‘This new international rule of law is a function of a thickening web that is now engulfing global and national governance. There is a rapid evolution of international law with every aspect of international life, be it oceans, space, trade or environment, coming to be regulated by newly adopted treaties and/or soft laws. It is leading to a fundamental transformation in the nature of international system’ (p. 189). Chimni describes five features of this new international rule of law. The first is the relocation of sovereign powers from states to international institutions that poses severe limits on the independence of states. The second feature is the increased rights for transnational capital or the transnational corporate sector with no corresponding duties imposed on them. The third feature is that while capital, goods and services are now increasingly mobile, there is greater control over the cross-border movement of peoples. The fourth feature is a dominant understanding of ‘sustainable development’ which states that without intra-generational equity it will be impossible to achieve equity among generations. ‘Instead the foxes have been put in charge of the chickens. One result among many is that the environment issue is being used to impose non-tariff barriers against goods exported by developing countries’. (p. 192) The final feature is the attempt to redefine rules relating to the threat or use of force. The classic example continues to be Iraq. Thus according to the author, what is emerging is ‘an imperial system of International law’. How does one move away from such a system to one where there is a just international rule of law? Chimni’s essay is my favourite in this collection since it indicates the new challenges faced by states.
The book provides an overview of the concept and relevance of rule of law today. The collection offers a great range of perspectives since most of the essays are based on the individual experience of the authors who have had the opportunity to shape the development of rule of law in India. Discussions and writings on rule of law have been plenty. To that extent some of the essays are not very original since what has been written has been articulated earlier by the authors themselves in various fora and by others. Collectively the essays bring a fresh insight to the problems and challenges posing the constitutional institutions today.
Geeta Ramaseshan is an advocate practising in the Madras High Court and is a legal scholar.
Hmm is anyone else having problems with the images on this blog loading?I’m trying to find out if its a problem on myend or if it’s the blog. Any feed-back would be greatly appreciated.
Awesome! Its really awesome piece of writing, I have got much clear idearegarding from this paragraph.
modafinil mechanism of action nuvigil vs provigil
Wow that was odd. I just wrote an extremely long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say excellent blog!
Truly a good deal of fantastic knowledge!psychology essay writing services proposal dissertation content writing services usa
Mwzbti — furosemide side effects Rpuocn bkozsn
Thanks for some other great post. The place else could anyone get that type of info in such an ideal means of writing? I have a presentation next week, and I am at the look for such information.
to be completely angled to allow the length to comeback to some extent on just one aspectHair Styles – The Most Beautiful Hairstyle New Popular Hairstyleshair styles
Excellent post. I was checking continuously this blog and I am impressed!Extremely helpful information specially the last part 🙂 Icare for such info a lot. I was seeking this certain information for avery long time. Thank you and best of luck.
I really like reading through an article that can make people think. Also, thanks for permitting me to comment.
wow, awesome blog. Fantastic.
Thanks so much for the blog.Much thanks again.
I really liked your blog post.Really thank you! Cool.
Thanks so much for the blog post.Really looking forward to read more. Cool.
Very good blog article.Really thank you! Fantastic.
Very informative blog article.Really thank you! Really Cool.
Wonderful blog! I found it while browsing on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News?I’ve been trying for a while but I never seem to get there!Many thanks
Awesome article.Really thank you! Cool.
Very neat post.Really thank you! Great.
Im obliged for the blog article.Much thanks again. Fantastic.
Thanks-a-mundo for the blog article. Awesome.
Thanks a lot for the blog post.Really looking forward to read more. Awesome.
Wow, great post. Great.
I really liked your post.Much thanks again. Will read on…
Thanks a lot for the blog post. Want more.
Not many writers with proper knowledge of the topics they discuss.
Awesome blog.Really thank you! Really Cool.
Aw, this was a really good post. Finding the time and actual effort to create a good articleÖ but what can I sayÖ I put things off a whole lot and never seem to get anything done.
Bu nedenle her Google Hesabý, Gizlilik Kontrolü gibi kullanýmý kolay kontroller ve araçlarla birlikte gelir.
Perfectly pent subject matter, thanks for entropy.
I like this post, enjoyed this one thank you for putting up. “The world is round and the place which may seem like the end may also be only the beginning.” by George Baker.
Enjoyed every bit of your post.Thanks Again. Great.
Thanks again for the article.
Appreciate you sharing, great blog.Really thank you! Keep writing.
Im thankful for the blog article.Much thanks again. Really Cool.
I really enjoy the post. Cool.
I really enjoy the article post.Thanks Again. Want more.
Very neat article.Thanks Again. Want more.
metformin tablets in india metformin 500 for sale – metformin 500 for sale
Thanks for sharing your thoughts. I really appreciate your efforts andI will be waiting for your further post thanks once again.
Thank you, I have just been looking for information approximately this subject for ages and yours is the greatest I’ve discovered so far. But, what about the conclusion? Are you certain about the supply?
Say, you got a nice blog article. Will read on…
I appreciate you sharing this article post. Keep writing.
I really liked your blog post.Really thank you! Fantastic.
Looking forward to reading more. Great blog post. Great.
Im obliged for the blog. Really Great.
Appreciate you sharing, great blog post.Thanks Again. Keep writing.
In addition to favorites, underdogs, and potentialreturns for right wagers, odds also inform us the likelihood of an occasion taking place.
Thanks for sharing, this is a fantastic post. Cool.
Really informative post.Really looking forward to read more. Keep writing.
I truly appreciate this article.Really looking forward to read more. Awesome.
Safety Precautions: Roadside assistance teams must adhere to safety standards during operations. This is especially important when working on the road, as it involves both the safety of the stranded vehicle and other traffic on the road.
Pricing and Service Quality: The cost of roadside assistance can vary based on the nature and difficulty of the service. However, it’s important to choose companies that offer competitive prices and high-quality services.
Pre-trip Preparation: While roadside assistance is crucial in emergencies, preventing these situations by maintaining the vehicle and preparing an emergency kit can reduce the need for recovery services. Ensuring your vehicle is in good condition before a trip is a proactive approach.
Looking forward to reading more. Great blog article.Thanks Again. Keep writing.
Psychological Support for Drivers: Roadside assistance doesn’t only offer physical help. It also provides psychological support for drivers who may be stressed, especially in difficult or remote situations.
I love using Canada deals flyer to plan my shopping and save big every week!
I really enjoy the blog article.Much thanks again. Great.
I truly appreciate this article post.Much thanks again. Fantastic.
I value the article post.Really looking forward to read more.
Pricing and Service Quality: The cost of roadside assistance can vary based on the nature and difficulty of the service. However, it’s important to choose companies that offer competitive prices and high-quality services.
Pre-trip Preparation: While roadside assistance is crucial in emergencies, preventing these situations by maintaining the vehicle and preparing an emergency kit can reduce the need for recovery services. Ensuring your vehicle is in good condition before a trip is a proactive approach.
Equipment and Technology: The equipment used in car recovery must be modern and compatible with today’s vehicles. This ensures the safe and efficient transport of vehicles with minimal damage.
What’s Happening i’m new to this, I stumbled upon this I have found It absolutely helpful and it has aided me out loads. I hope to contribute & help other users like its aided me. Good job.
Hi, I do think this is an excellent blog. I stumbledupon it 😉 I will revisit once again since I saved as a favorite it. Money and freedom is the best way to change, may you be rich and continue to help others.
Psychological Support for Drivers: Roadside assistance doesn’t only offer physical help. It also provides psychological support for drivers who may be stressed, especially in difficult or remote situations.
24/7 Availability: One of the major benefits of roadside assistance services is that they are available 24/7. This provides peace of mind for drivers, knowing they can receive help anytime, day or night.
I really enjoy the blog.Really thank you! Great.
Thanks a lot, Numerous stuff! creative writing essays paper helper dissertation help literature review
Hi, I do think this is an excellent blog. I stumbledupon it 😉 I may revisit once again since i have saved as a favorite it. Money and freedom is the best way to change, may you be rich and continue to guide others.
Simply a smiling visitant here to share the love (:, btw great layout.
I do believe all the ideas you’ve offered in your post. They’re really convincing and can definitely work. Nonetheless, the posts are too quick for newbies. Could you please prolong them a bit from subsequent time? Thank you for the post.
Thanks-a-mundo for the blog article.Really looking forward to read more. Will read on…
Thanks a lot, Numerous tips!how to write an english essay what to write in a scholarship essay admission essay writing service
Why people still make use of to read news papers when in this technological world the whole thing is existing on net?
A fascinating discussion is definitely worth comment.I do believe that you need to publish more about this issue,it might not be a taboo subject but generally people don’ttalk about such subjects. To the next! Kind regards!!
Great experience! The towing service was prompt, and they took good care of my vehicle. Very satisfied!
Superb service! They arrived on time and made the whole process stress-free. Highly recommended!
Superb service! They arrived on time and made the whole process stress-free. Highly recommended!
Excellent towing service! They arrived quickly and handled my car with great care. Highly recommended!
Thanks a lot for the blog post.Really looking forward to read more. Want more.
Balanceo dinamico
Dispositivos de balanceo: esencial para el desempeno uniforme y efectivo de las maquinarias.
En el mundo de la ciencia actual, donde la rendimiento y la fiabilidad del aparato son de suma significancia, los equipos de ajuste tienen un funcion vital. Estos equipos especializados estan concebidos para balancear y asegurar componentes rotativas, ya sea en equipamiento productiva, transportes de desplazamiento o incluso en dispositivos caseros.
Para los tecnicos en soporte de aparatos y los tecnicos, operar con aparatos de calibracion es crucial para garantizar el rendimiento suave y fiable de cualquier mecanismo rotativo. Gracias a estas herramientas innovadoras modernas, es posible reducir significativamente las movimientos, el zumbido y la esfuerzo sobre los soportes, extendiendo la duracion de componentes importantes.
Tambien significativo es el papel que juegan los sistemas de ajuste en la soporte al cliente. El soporte experto y el conservacion constante empleando estos aparatos habilitan dar asistencias de excelente estandar, mejorando la agrado de los usuarios.
Para los propietarios de proyectos, la inversion en equipos de balanceo y medidores puede ser importante para incrementar la efectividad y rendimiento de sus aparatos. Esto es particularmente significativo para los duenos de negocios que gestionan medianas y medianas emprendimientos, donde cada aspecto es relevante.
Asimismo, los equipos de balanceo tienen una gran utilizacion en el ambito de la seguridad y el gestion de calidad. Habilitan detectar potenciales problemas, reduciendo reparaciones elevadas y danos a los aparatos. Tambien, los indicadores obtenidos de estos aparatos pueden usarse para maximizar procedimientos y mejorar la reconocimiento en plataformas de investigacion.
Las sectores de uso de los aparatos de calibracion abarcan numerosas industrias, desde la fabricacion de transporte personal hasta el seguimiento ecologico. No influye si se trata de extensas producciones de fabrica o limitados locales de uso personal, los aparatos de equilibrado son fundamentales para garantizar un desempeno eficiente y libre de fallos.
Fantastic blog.Thanks Again. Will read on…
What’s Happening i aam new to this, I stumbled upon this I have found It absolutely helpful and it has helped mee out loads.I’m oping to contribute & aid different users like its helpedme. Great job.My blog :: soundcloud manager registration key
Major thanks for the blog article. Really Great.
Aw, this was an extremely nice post. Spending some time and actual effort to produce a great article… but what can I say… I hesitate a lot and don’t manage to get nearly anything done.
I am not sure where you are getting your information, but great topic. I needs to spend some time learning much more or understanding more. Thanks for fantastic info I was looking for this info for my mission.
Thanks for sharing your thoughts on 0155 2.Regards
Thank you, I’ve recently been searching for information aboutthis topic for a while and yours is the greatest I’ve discovered till now.However, what concerning the bottom line? Are you positive in regards to the supply?
Very neat blog.Really thank you! Keep writing.
Heya just wanted to give you a quick heads up and letyou know a few of the pictures aren’t loading correctly.I’m not sure why but I think its a linking issue.I’ve tried it in two different internet browsers and both show the same outcome.
I do not even know the way I finished up right here, however I thought this post used to begreat. I don’t recognize who you might be but definitely you are going to a famous blogger when you aren’t already.Cheers!
I loved your post.Really looking forward to read more. Really Great.
พนันบอลยังไงให้ได้เงิน พนันบอลชนะเช่นไรผิดฉ้อฉล UFABET จ่ายจริงจ่ายไม่ยั้งระบบเข้าใจง่าย แค่เพียงคลิกสมัครก็ทำเงินได้อย่างง่ายๆกับคาสิโนออนไลน์ สบายสุดๆชีวิตชิวๆชีวิตคลูๆทำเงิน สร้างผลกำไรสบายๆต้องที่ UFABET
college essay helpshould marijuanas be legalized essayessay service
I loved your article post.Much thanks again. Great.
Hello i am kavin, its my first time to commenting anywhere, when i read this paragraph i thoughti could also make comment due to this brilliant article.
I loved your article post.Much thanks again. Much obliged.
I wanted to thank you for this great read!! I definitely enjoyed every bit of it. I have you saved as a favorite to check out new stuff you post…
Very informative article post.Really looking forward to read more. Will read on…
Thanks a lot for the blog article.Really thank you! Great.