The Rule of Law in India: The Chasm between Paper and Practice

Abstract

This chapter highlights the gap between ‘paper’ and ‘practice’ in relation to the rule of law in India. It examines three interrelated facets of the rule of law: operating as a check on governmental powers; requiring the state to treat people equally and safeguard their human rights; and providing for judicial review of legislative and executive actions by an independent judiciary. Although the rule of law pervades the Constitution as an underlying principle, building a rule of law society remains a work in progress in India.

Keywords: Rule of law in India, Paper versus practice, Limited government, Protection of human rights, Judicial independence, Judicial delays