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Question

Write in your own words what you understand by the term the ‘rule of law’. In your response include a fictitious or real example of a violation of the rule of law.

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Solution

The “rule of law” implies that everyone, regardless of any discrimination, is equal before the law. In an independent and democratic India, all citizens from a rickshaw puller to the Prime Minister are to be judged equally before the law if they violate it by committing a crime. Every violation of a law or commitment of a criminal offence has a specific process to establish guilt and cite its punishment. The “rule of law” ensures that equality is maintained by passing the same judgment on a criminal regardless of his/her status or background.

Violations of the “rule of law” are, sadly enough, aplenty in India. In our country, if one has power or “contacts” with influential people, then it is easy to get away with even gross violations of laws and rules. For example, most politicians today own property and wealth worth crores but they do not even file tax returns on the same. The assets they declare are probably not even half of what they originally own. However, an ordinary income tax official cannot dare to question them for fear of losing his job, because the former have “power” that this official does not possess.


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