An Analysis of Prof. Hart’s ‘The Concept of Law’

An Analysis of Prof. Hart’s ‘The Concept of Law’

Bagada Ram Rathore
National University of Study and Research in Law, Ranchi

The concept of Rule of Law means predominance of an ordinary law over each and every citizen, regardless of that citizen’s powers. The makers of the Indian Constitution incorporated the features of Rule of Law so that India is governed only by law and not by any ruler or by the nominated representatives of the people. The paper begins by providing the origin of the term and concept of Rule of Law. It shows how this concept was recognized in some countries in one or the other form. The paper majorly aims to discuss about the adoption of Rule of Law and its applicability in India. This includes discussion about various articles incorporated in the Constitution by the makers to secure certain basic features of the Rule of Law, a number of judgments delivered by the judges applying this concept and explaining its importance, including the case which is known to be a black mark on the Rule of Law. It also discusses about how despite various statutory safeguards and judgments, this concept is violated in India. The paper finally aims to answer whether the concept of Rule of Law is severely implemented and followed in India; whether the features given by A. V. Dicey are strictly incorporated; and whether the statutory safeguards and judgments are enough to secure Rule of Law in India. At last, it discusses about the relationship between democracy and Rule of Law.

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