LEGAL REGIME OF RULE OF LAW PRINCIPLES WITHIN THE AMBIT OF LABOUR JURISPRUDENC

Abstract

Rule of Law is the most basic concept that has become well known, and its relationship to administrative law is a topic of discussion in many places and at many levels.It’s refers to the supremacy of law of the land over any other thing or person. Professor A.V. Dicey gave it. He said, “the rule of law means that the law is supreme over all other forms of authority in our society, and that no one may escape its force, whether or not those in power like it.”In other simple words, Rule of Law means that every person has equal rights before law and there should be no discrimination between people on any grounds.

The definition of Rule of Law is based on three basic pillars example, Supremacy of Law, Equality before Law and Predominance of Legal Spirit. This is a system, which is adopted by India from British common law system of justice, and its roots found in British Jurisprudence. Judiciary has played a very important role in the development of shape of the Indian democracy as well as rule of law.

The Supreme Court, through its foremost judgments, taken a positive approach.By taking a dynamic view of the provisions of the constitution, the court ensured that the Rule of Law is enforced in its true spirit.The judiciary has been able to interpret the provisions of law in a way that it can be implemented without much fuss. The judiciary has also been able to enforce the rule of law by taking help of judicial activism. This is especially true for the Supreme Court which has taken up many cases that were beyond its jurisdiction but fell under the ambit of public interest.

Supreme Court of India preserves the idea of Rule of Law through the constitution of India as a part of basic structure theory. It can be inferred from the preamble and the very fact that it declares India as a sovereign state. After many years, courts have taken help of judicial activism to increase the scope of the rule of law through various provisions in the constitution. The judiciary is overburdened and outdated. The legislature is slow in enacting laws and making them applicable to the situations. There are a lot of problems with the enforcement of the rule of law in India.