RELEVANCE OF RULE OF LAW IN THE PRESENT SOCIETY

A Comparative study of Rule of law and the present day Legal Doctrines

CONSTITUTIONAL LAW

TUTORIAL III

SUBMITTED BY-
PRISHA SHAH- 18010324112
BBA LLB 2018-23
DIVISION D

SUBMITTED TO-
AMISH ABDULLAH
FACULTY IN CHARGE

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CERTIFICATE

The project entitled “RELEVANCE OF RULE OF LAW IN THE PRESENT SOCIETY” submitted to
the Symbiosis Law School, Hyderabad for Constitutional law II as part of Internal Assessment is
based on my original work carried out under the guidance of Mr. Amish Abdullah from July 2019 to
September 2019. The Research work has not been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the research Project/ paper has
been duly acknowledged.

I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the Candidate

PRISHA SHAH

Date: 30.09.2019

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ACKNOWLEDGEMENT

I would like to express my sincere gratitude and indebtedness to Mr. Amish Abdullah
for his enlightening lectures on the Constitutional law II. I would also like to express my
sincere gratitude to our teaching staff for guiding me the path towards gaining knowledge.

I would like to thank the Library Staff of Symbiosis Law School, Hyderabad as well for their
co-operation.

I would also like to thank my batch mates and seniors who inspired, helped and guided me in
making this project. I am grateful to some of my seniors/friends namely, Lavina Mirchandani,
Anirban Aly Mandal and Radhika Madaan for their incredible guidance and support.

Signature of the Candidate

PRISHA SHAH

Date: 30.09.2019.

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INDEX

1. List of Cases………………………………….…………………………………….5
2. Introduction………………………………….…………………………………….6
3. Research Objectives……………………………………………………………….7
4. Research Questions…………………………………….………………………….7
5. Research Methodology…………………………………………………………….8
6. Chapterization……………………………………………………………………..9
- 6.1. Historical Background of Rule of law
- 6.1.1. Core Concept
- 6.2. Societal Relevance in Today’s Age
- 6.3. Rule of law and the Indian Constitution
- 6.3.1. Criticism
- 6.4 The Rule of law Index, 2019
7. Conclusion…………………………………………………………………………..18
8. Bibliography ………………………………………………………………………..19

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LIST OF CASES

1. Re secession of Quebec, [1998] 2 SCR 217.

2. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
3. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
4. Shankari Prasad Singh Deo vs. Union of India, AIR 1951 SC 458.
5. Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845.
6. IC. Golak Nath v. State of Punjab, AIR 1967 SC 1643.
7. Muhammad Mansha v. The State, PLD 1966 SC 229

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INTRODUCTION

The term ‘law’ is a simple term with a few complexities in its application. The common
understanding of law is that it is an authoritative system which binds the state and the people,
granting certain powers to both. But where does this notion of authority come from? Why do we
give so much importance to strictly adhering to the laws? On breaking down the concept of law, we
come across ancient concepts of Rule of law, Rule of men and Rule by law. Amongst these, Rule of
law is one of the first concepts to promote supremacy of law and oppose the concurrent positions of
the Ruler and the law maker. In a way, it can be said that Rule of law is the pillar upon which the
postulates of our present liberal society are founded. But since then our legal systems have been
conditioned and altered to suit the needs of the state and its citizens. This gives rise to the question
whether the age old pillar of Rule of law still exists or has it been concealed by elements of modern
governance?

Clearly, there is a dire need to bind the actions of the people in a society and regulate these activities
coupled with some claims and freedoms in favour of the people. And with the current advancements
and transparency initiated by globalisation, this need for regulations will never extinguish. This
applies for all the countries. But while talking about India specifically, the obligations and rules
imposed and the rights that rest with the citizens have undergone many changes. Our judiciary is,
without a shadow of doubt, instrumental in accommodating the interests of the people while
interpreting the statutes. But these alterations and interpretations are not enough while
administering justice and exercising Governmental authority. Thus, This paper seeks to compare the
doctrine of Rule of law with the current notions of justice to draw its relevance.

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RESEARCH OBJECTIVES

The objectives of this research paper are as follows-

1. To trace the origin and development of the concept of Rule of law and truly understand its
underlying principles in detail, with reference to India.

2. To carry out the relevant research and refer to the landmark cases that highlight the societal
relevance of the doctrine.

3. To compare the use of Rule of law in different spheres of law enforcement and its carry out a
detailed study of its deviation.

4. To analyse the findings and cases in order to arrive at a logically derived conclusion.

5. To suggest possible measures that can be taken for the betterment of our societal forces.

RESEARCH QUESTIONS

Through this paper, the author aims to answer the following questions-

1. Whether Rule of law is an archaic concept or a relevant tool of governance?

2. How have the principal elements of Rule of law been incorporated in the Constitution of India?

3. Is Rule of law a theoretical or a practical concept? If it is a practical concept, to what extent can
it be applied to the realm of Public Governance?

4. What are the basic pillars, upon which our law enforcement is functioning? Whether the legal
system is competent while carrying out its duties?

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RESEARCH METHODOLOGY

The topic of the paper is such, that research and analysis for the same cannot be conducted without
tracing the theories and viewpoints of scholars and philosophers as well as observing the present
conditions, making the scope of the paper wide. Thus, our approach will not be limited to an
exclusive methodology. Both Primary and Secondary methods of data collection has been used to
facilitate the completion of this paper. Primary Method of data collection refers to first hand data,
collected for the first time, through questionnaires, surveys, interviews, schedules and field
observation. Secondary data refers to making use of data which has already been collected and
interpreting it. This includes journals, government data, periodicals, case studies etc. For our study,
the author used interviews as a tool to collect fresh data from people who are experienced in the
field of study. In furtherance of carrying out the study, there was a requirement to study in detail,
the perspectives of various scholars and authors, in order to deeply understand the transformation
and development of Rule of law. A strong reliance was made on the world justice project to study its
‘Rule of law index 2019’. For the comparison of various countries and their impact on rule of law,
the scope was restricted to the U.S.A, China, Hong Kong and Singapore. The paper thus produced
is a product of these sources.

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CHAPTERIZATION

HISTORICAL BACKGROUND OF RULE OF LAW

Rule of law is probably the single most political ideal which traces its universal appeal till this date.
In Spite of being conditioned by several interpretations over decades, the concept of Rule of law is
yet one of the most relevant sources in the legal sphere. But what does the Rule of law mean in its
essence? In order to truly do justice to this concept, it is important to understand its origin and
history. It is a common notion that A.V Dicey’s perception of Rule of law was the main source of
this concept. Although, a rough concept of Rule of law was engraved in the ancient as well as the
medieval period. In the ancient period, the notion of public involvement and superiority of rightful
authority in Greek, Mesopotamian, Roman, and Indian civilizations paved its way for the further
development of this influential concept. To elaborate on this, Ancient Roman and Greek
civilizations can be taken as examples. In ancient Rome, obedience and adherence to the system of
established rules was of great importance. Different branches of law were engraved on metal tablets
and displayed in the city. The growth of Rule of law was rather different in Ancient Greece. There
were no rigid laws or rules governing people initially. Following this, Greek civilization observed
the infliction of punishment of the same degree as the offence. The law giver was separated from
the Ruler. These principles of the ancient civilizations were established to maintain discipline and
order amongst the civilians. The concept, which originated centuries ago, is enshrined in the
modern legal systems everywhere.

The concept of supremacy of law was also highlighted in the famous document- Magna Carta. A
brief overview of the great charter of 1215, reveals the significant development and the popularity
of the underlying principles of rule of law. Chapter 39 in specific, talks about the ‘law of the land’.
It reads- “No free man shall be taken, imprisoned, disseised, outlawed, banished, or in any way
destroyed, nor will we proceed against him or prosecute him, except by the lawful judgement of his
peers and by the law of the land.” Further Chapter 24 reads- “No sheriff, constable, coroners, or
others of our bailiffs, shall hold pleas of our Crown.” To support the same, Chapter 45 reads- “We
will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and

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mean to observe it well.”1 The postulates of Magna Carta are closely related to justice, freedom,
legal assertion, and delegation of authority. Magna Carta also contained the key elements of
Positive and Divine Law. It was an influential factor in instilling in the minds of the people, the core
ideal of rule of law, which further took a concrete shape through A.V Dicey.

CORE CONCEPT
The concept of rule of law has been defined many times. Being a dynamic concept, its meaning too,
has been altered several times. But, in its essence, there is no departure from its core principle. In
the simplest sense, rule of law refers to the exclusive authority of the legal system. Meaning,
superiority of law or adherence to the legal principles so as to safeguard the claims of the citizens
and to prevent the concentration of power in the hands of a single person or authority. Sir Edward
Coke who was closely associated with the development of this concept; derived the meaning of
Rule of law from a French phrase- “La principe de legalite” which roughly hinted that the
administration of a state is based on the law and not its men. In his book, Second treatise of the
Government, John Locke highlighted the importance of subjugation to law by quoting a speech by
King James I- “all kings who are not tyrants, or perjured, will be glad to bind themselves within the
limits of their laws; and those who ·try to· persuade them otherwise are vipers, pests, against both
the king and the commonwealth.”2 On the other hand, Aristotle differentiated between the rule of
law and the rule of men. He suggested that the principle behind the rule of law is that all men,
including rulers, must be subjected to a fair and just administration. He also held Rule of law as an
instrument to oppose arbitrary governance.
The United Nations defines the rule of law as “a principle of governance in which all persons,
institutions and entities, public and private, including the State itself, are accountable to laws that
are publicly promulgated, equally enforced and independently adjudicated, and which are consistent
with international human rights norms and standards. It requires, as well, measures to ensure
adherence to the principles of supremacy of law, equality before the law, accountability to the law,
fairness in the application of the law, separation of powers, participation in decision-making, legal
certainty, avoidance of arbitrariness and procedural and legal transparency.”3

1 A.E.D. Howard, Magna Carta: Text and Commentary (1998)

2 Locke, J., & Macpherson, C. B. (1980). Second treatise of government. Indianapolis, Ind: Hackett Pub. Co
3 Report of the Secretary-General, The rule of law and transitional justice in conflict and post-conflict
societies (2004)

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Further, the Supreme court of Canada, in Re Secession of Quebec4, gave an insightful contribution
to understand the unwritten principle of Rule of law- “The consent of the governed is a value that is
basic to our understanding of a free and democratic society. Yet democracy in any real sense of the
word cannot exist without the rule of law. It is the law that creates the framework within which the
"sovereign will" is to be ascertained and implemented. To be accorded legitimacy, democratic
institutions must rest, ultimately, on a legal foundation. That is, they must allow for the participation
of, and accountability to, the people, through public institutions created under the Constitution.
Equally, however, a system of government cannot survive through adherence to the law alone. A
political system must also possess legitimacy, and in our political culture, that requires an
interaction between the rule of law and the democratic principle.” Thus, Rule of law means much
more than the postulates laid down by A.V. Dicey.

Finally, the concept of rule of law can be clearly understood by referring to its elements, as laid
down by A. V. Dicey. The three conceptions are-
1. Absolute Supremacy of law
It states that a man can be ruled and punished by law alone. This principle opposes existence
of arbitrary power and abundance of discretionary powers resting with the government.
2. Equality before law
This principle captures the essence of human rights and rule of law. Equality is a
prerequisite for establishing a democratic state. The idea of equality is fundamentally
instilled in almost all of the political ideologies. Dicey opposes the exemption of civil
officials from their sense of duty and obedience to the law of the land; and thus supported
equal subjection of all.
3. Predominance of legal spirit
Dicey rested the authority to administer and carry on the legal spirit with the courts. He
encouraged independence of judiciary to systematically enforce the rule of law.

4 [1998] 2 SCR 217 Re secession of Quebec

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SOCIETAL RELEVANCE IN TODAY’S AGE

It is well established over the centuries that the Rule of law is one of the pillars upon which the very
concept of Democracy was founded. Right from the making of the constitution of India to deriving
the authority from law and acting against arbitrariness of the Government, Rule of law has provided
momentum to almost all of the instances that led to the liberal society that we live in today. It is
clearly evident, even from a brief overview of the concept of Rule of law that, it makes the
authorities accountable which in turn brings a sense of security amongst the citizens. Even though
the concept developed centuries ago, the challenges we face today, and the threats to our democratic
societies can be battled with strict adherence to the rule of law. Although it is a common notion that
being a historical concept, the Rule of law may not be adequate to meet the needs of the present day
administration. Thus, there is a need to throw some light on the fact that a concept which originated
in the ancient civilizations, traced its importance universally in a way that it can be identified with
the founding governing principles of various modern societies. The postulates laid down by the rule
of law are still relevant in modern societies, in fact, more than ever. In such a global society, there is
a pressing need for transparency between the Government and the citizens as well as the institution
of a system to check on the powers vested with the state which is done through strict adherence to
laws. Furthermore, Rule of law is different from c in its scope and application. It includes law in its
substance along with the procedures as well as the integral national values. The concept has the
potential to challenge the executive and is laden with the essentials for a liberal and democratic
society. Our Honourable Prime Minister strongly relied on the slogan “Minimum Government,
Maximum Governance” while responding to the questions of the people of India in 2014.5 Despite
of various hard work and fruitful steps taken towards good governance, there is no lack of statistical
data to prove that India is lacking in many of the crucial aspects of public order and development.
Due to the forces of Globalisation, the influence of other nations have become highly reliant and a
reference can be made to other nations to understand and compare their take on the Rule of law.
Singapore seems to be strictly inclined towards proceeding with rule of law with being ranked 6
notches above USA when IMD’s 1997 respondents were asked if they have “full confidence in the
administration of justice in their society”6 .The on The one who once served as Singapore's prime
minister for 30 years , Lee Kuan Yew in 1995 told Parliament that adjudication on the“merits and in

5https://www.oneindia.com/india/with-76-ministers-is-modis-council-still-minimum-government-maximum-
governance-2535949.html

6 Singapore ranked fourteenth , and U.S ranked twentieth. IMD 1997 .

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accordance with the law” is critical especially when the government is a party to the case7 .He told
that otherwise if there is still a need to have it would make this seem like less profitable investment
and financial centre. Furthermore , he emphasised on the intangible nature of rule of law but adding
on to being one of the most valuable and important economic assets of their capital. In Hong-
Kong’s legal system the theories about engagement-rule of law which are still not in practice , the
theory stated the unnecessary over disturbance of judiciary in the world confidence in political and
legal systems which will frighten investors and international capital markets.
In the USA there was a need for a system in order to strengthen the economic policies , achieve the
economic goals and to promote economic liberalisation in the societal as well as political principles.
To ensure these , steps were taken in the economic engagement with rule of law process. First step ,
was to shift the burden of claim on the judges where they will not be in a position to revert from
their judgement. Secondly, to recognise and engage powers and restrictions of implied nature.
Third, due to the concept of legal reasoning it leads to the development of a doctrine in one subject
and will not be restricted only to that subject ,which will further promote overlapping with the other
areas. The explanation provides that there will be a mere application of general laws according to
the facts of the case and if the case is not resolved with the application of those laws it can also be
modified and the doctrine may be adjusted accordingly. Supreme Court in Marbury v. Madison8 , it
was asserted on exercising the application of judicial review in certain decisions which otherwise
favoured the executive body. In order to liberalise the social and political scenarios there is a need
for China to initiate the rule of law and for its institutions to carry out the same. China will be in
compulsion to accept these societal and political liberalisation in order to promote good in the
country in terms of economic fairness and justice. India seeks to follow the concept of Rule of Law
with a functioning democracy despite being certainly deficient which shows its different areas of
excellence. This can be reflected when the country can attract major foreign investment and also
enhance the flow of cultural, social and ideas in different subjects for the growth of the country.

7 Singapore Parliamentary Debates , Nov 2 . 1995 , column 236.

8 5 U.S. (1 Cranch) 137 (1803)

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RULE OF LAW AND THE INDIAN CONSTITUTION

It is said that our constitution has been founded, keeping in mind, the principles of Rule of law. In
Kesavananda Bharati v. State of Kerala9, It was held that “the Rule of Law is an essential part of
the basic structure of the constitution and as such cannot be amended by any Act of Parliament,
thereby showing how the law is superior to all other authority of men”. The Constituent assembly,
being well aware of the importance of rule of law, inculcated the underlying principles of rule of
law in our Indian Constitution. For instance, it is one of the most important element of Dicey’s Rule
of law that no man should be administered a punishment for acts that are not punishable. This has
been incorporated in our constitution in Part III. The very purpose of Articles 19 and 21 is to allow
the citizens to exercise reasonable freedom and avoid fraudulent captivity. Article 14 of the Indian
Constitution is the biggest remark of the undeniable relevance of Rule of law. It gives a concrete
shape to the first principle of rule of law- Equality before law. over the years, the interpretation of
Article 14 has become more and more liberal in order to accommodate the interests of the citizens
with time. This lead to its deviation from the age old postulate. On a more detailed review, it
appears as if our constitution and its interpretation has deviated from this concept. The
developments which took place in determining the role of rule of law in the Indian Constitution
have changed the face of the concept of Rule of law today. Especially in the Kesavananda case, the
Apex court overruled the ratios decided in Shankari Prasad Singh Deo vs. Union of India10 , where
it was opined that there is no difference between legislation and the constitution; along with Sajjan
Singh v. State of Rajasthan11 , where a similar view was upheld followed by the case of IC. Golak
Nath v. State of Punjab12 where the seventeenth amendment was challenged before the court of law.
These judgement have not only upheld the necessity of judicious interpretations but have also
marked the deviation from the rule of law. Further, Rule of law encourages human rights and public
interest, whereas suspension of rights as contained in the emergency provisions and other provisions
such as preventive detention is far from the strict application of the concept of Equality and public
morality. Articles 105 and 194 of the Indian constitution (Parliamentary Privileges), provide the
authorities, the exemption from certain obligations. This again, does not agree with the postulates of

9 (1973) 4 SCC 225

10 AIR 1951 SC 458
11 AIR 1965 SC 845
12 AIR 1967 SC 1643
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rule of law. Further, many cases have arisen before the judiciary which had the momentum to shake
the very basis of our Indian Constitution. Thus, there is a deviation from the authentic principle.
Although such a deviation is a necessity to cope up with the advancing society. On the contrary,
after carrying out the interviews for this study, it was concluded that the subjects of the interview
were of the view that Rule of law in spite of being an old concept, should be applied in its strict
sense and the laws thus derived should be free of any such deviation.

CRITICISM
Naturally, the concept of Rule of law is not absolutely free of flaws. One of the most obvious
limitations of rule of law is that it cannot be universally applied in its strict sense. For the same
reason, this concept winds up being an instructive and an inspirational guiding lights for legal
systems. For example- in spite of holding up the spirit of equal treatment to all, it is a common
occurrence that often government officials possess inherent authority and are exempted from being
accountable. Thus, it is highly criticised in this regard. Modern legal cultures encourage a sense of
balance between individual and collective interests and rights which change as per the needs of the
society. Further, the concept of rule of law, although still relevant, lacks the binding control.
Amongst the criticism, the Dicean postulates of rule of law has been criticised more than the
concept itself. The first principle proposes supremacy of law and opposes absolute discretion
whereas the third principle bestows certain authority with the judiciary which has led them to
exercise discretion with regard to judicial pronouncements. But this view cannot be upheld as both
these principles elaborate upon different contexts- Arbitrariness and discretion. While talking about
the limitations of rule of law, it would be unjust to not include public interest and morality. Laws are
made and implemented in the interest of the citizens and for their security. These are factors that
change time and again. If the concept does not adapt according to the requirements of the people,
then it goes against the basis of public morality, which during the formation of the founding legal
doctrines, was considered to be the main objective of a state. To reiterate few lines from the
judgement of Muhammad Mansha v. The State13, delivered by J. Fazal Karim- “The rule of law
depends upon public confidence and public acceptance of the judicial system; therefore, anything
which tends to undermine that confidence in the judicial system must be strongly discountenanced.”
Thus, there would be no legal or moral validity of the rule of law if people are not willing to follow
laws.

13 PLD 1966 SC 229

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THE RULE OF LAW INDEX 2019

The World Justice Project conducts surveys and releases a Rule of law index, every year to

‘measure’ the application and practice of the rule of law in different countries. “The WJP Rule of
Law Index 2019 presents a portrait of the rule of law in 126 countries by providing scores and
rankings based on eight factors: constraints on government powers, absence of corruption, open
government, fundamental rights, order and security, regulatory enforcement, civil justice, and
criminal justice.”14 Rule of law can be an indicator of a nation’s prosperity, wealth, development,
justice, public order and legal sanctity. Measuring Rule of law of every country is a great way to
trace relevance and ensure its practical application. According to the findings of the latest Index,
India stands at rank 26 out of 126 countries. Which is three ranks lower than last year’s report.
Despite being one of the most progressive developing countries, India was ranked 111 in terms of
order and security and 97 in civil justice. In a country where the Constitution is upheld as
sacrosanct, where the Judiciary exercises complete independence while interpreting laws, where
law enforcement forces work incessantly, there is a deficiency in spheres of civil justice and order
and security. This destroys the very purpose of law enforcement. Such factors indicate the
challenges to democracy. It is puzzling how our country lacks in terms of justice and security as
these are one of the root characteristics of the legal system of any country. These findings resonate
the current state of our democratic nation. The indicator of order and security raises a question
against the due processes followed to construe the citizens against violence and crime. Whereas
India’s rank in civil justice renders worthless, decades of hope and effort dedicated in correcting the
adjudication system and combatting governmental influence. On the contrary, Denmark and
Norway, who are known for their excellency in governance and public interest have consistently
topped the index. This proves the the rapid transformation that these nations have undergone is
partly due to the practical application of Rule of law. To ensure the same, concepts of rule of law
ought to be used in the practical sense. The rule of law is not just a historical concept, or a theory
proposed and propagated by various scholars; it is a revolutionary ideal which should be applied in
practice. One of the merits of this concept is that it promotes transparency, and has a neutral
application. Further, it is not a fluid concept which would alter its core principles at any given time.
At the same time it is adaptive enough to trace its relevance even today. Hence, it is crucial to

The rule of law Index 2019. Available at https://worldjusticeproject.org/sites/default/files/documents/WJP-

14
ROLI-2019-Single%20Page%20View-Reduced_0.pdf . Accessed on 28.09.2019

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promote the primacy of this concept and oppose abuse of powers. This can be done by
understanding the importance of the core principles of rule of law which encompasses strong values
of liberty, equality, democracy and a sense of security. Thus it is an essential ingredient in ensuring
the security of people and maintaining harmony owing to the legal spirit of the nation.

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CONCLUSION

There is a strong need to strengthen the fundamental of the rule of law primarily for the citizens, the
government, and civil organisations in a worldwide perspective. In order to achieve the same goal,
there must be strict impositions on rule of law- its evaluation as well as its assessment in order to
further its application. An effective rule of law, when inherited with the governing bodies will
prohibit the enhancement of all the activities of corruption, poverty and will promote justice,
equality, peace and the foundation of human rights, which in the first place, was the goal of public
interest. Taking in view the World Justice Project on Rule of Law 2019, it has been observed that
India is in such a situation where in order to curb down the unfair treatments and to secure justice
and security to all the citizens there is a need to strongly abide by the fundamentals of the rule of
law. The threat to democracy is one of the consequences of the concept reverted in a global
perspective which will lead to the falter of administrative institution and thus the concentration of
the powers, solely in the hands of the Government will lead to the domain of loss to the security and
to the provisions of the Rule of Law. The concept of rule of law lacks authoritative
conceptualisation when applied to the international realm with reference to rule of law in domestic
societies. But globalisation has also proved to be resourceful on grounds of being a favourable
capital investment platform. Not to forget to mention, in the concluding remarks, the limitations of
Rule of law. There cannot be an absolute strict application of fundamentals of rule of law. Further,
Dicey has not provided any such substantial differentiation between arbitrariness and discretion
while setting out the concrete concept. But indeed, Rule of law holds a strong modern societal
relevance, and there is a need for the countries to preserve and incorporate these fundamental
principles in present day governance.

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BIBLIOGRAPHY

Books and Articles-

1. A.V. Dicey & J.W.F. Allison, The Law of the Constitution (2013)

2. Costa, Pietro & Zolo, Danilo. (2007). The Rule of Law History, Theory and Criticism.

3. Ingram, P. (1985). Maintaining The Rule of Law. The Philosophical Quarterly (1950-), 35(141),
359-381. doi:10.2307/2219472

4. Locke, J., & Macpherson, C. B. (1980). Second treatise of government. Indianapolis, Ind:
Hackett Pub. Co.
5. Magna Carta: Text and Commentary - A. E. Dick Howard - Google Books
6. Report of the Secretary-General, The rule of law and transitional justice in conflict and post-
conflict societies (2004)
7. Tamanaha, B. (2004). On the Rule of Law: History, Politics, Theory. Cambridge: Cambridge
University Press.
8. Singapore Parliamentary Debates , Nov 2 . 1995 , column 236.
9. Singapore ranked fourteenth , and U.S ranked twentieth. IMD 1997 .

Cases referred-
1. Re secession of Quebec, [1998] 2 SCR 217.
2. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
3. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
4. Shankari Prasad Singh Deo vs. Union of India, AIR 1951 SC 458.
5. Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845.
6. IC. Golak Nath v. State of Punjab, AIR 1967 SC 1643.
7. Muhammad Mansha v. The State, PLD 1966 SC 229

Legal Databases-
1. Manupatra.
2. SCC Online.
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3. Jstor.

Statutes-
1. Constitution of India.

Online Resources-
1. The rule of law Index 2019. Available at https://worldjusticeproject.org/sites/default/files/
documents/WJP-ROLI-2019-Single%20Page%20View-Reduced_0.pdf . Accessed on
28.09.2019.
2. https://www.oneindia.com/india/with-76-ministers-is-modis-council-still-minimum-
government-maximum-governance-2535949.html.

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