The Rule of Law in Indian Judiciary

The Rule of Law emanates from the constitutions of Rights of the individual development through history in age-old struggle of mankind for freedom. Equality and free Justice one of the most notable features of the Indian Constitution, and as such that it prescribes the powers of the Judicial Review. The principle of Independence of Judiciary from the Executive is the foundation of many things in our life. The administration of Justice is the firmest pillar of the governance. The constitution has envisaged the Doctrine of Rule of Law as a “Basic Boston of Rights” and also as the goal of an Independent Judiciary. Independent Judiciary is of paramount consideration and prime necessity. Since Human Rights and Fundamental Rights are inalienable and indivisible. Which are significantly recognised in our constitution? The whole pyramid of courts is designed and protected by the constitution. 

The limitations on Judicial Decision-Making is imposed by the constitution. As our outcome of Judicial self-restraint, the degree of it is a very relevant factor. An awareness of limitation of the Judicial process may be seen in many Judicial Pronouncements while structuring the need for Judicial self-resistant, one should be oblivious of the dangers of extending the doctrine of Auto-restraint to an undesirable length. In view of these aspects, we are compelled to probe, evaluate and identity areas on which the concept of self-restraint is founded upon. It must be remembered that the separation of Judiciary Power is an important shield and not a sword. The Constitution of India, while empowering the Judiciary with the Judicial Review has incorporated important safe-guards. 

The frames of the constitution incorporated various provisions relating to the Judiciary that it would indicate that they were virtually and greatly concerned with objective of achieving the independence of Judiciary. The power if Judicial Review over legislative action is vested in the supreme court under Article 32 and in the High Court under Article 226 of the constitution. Obviously, the constitutional safeguards clearly establish that the powers, of the Judicial Review, must always remain with the Judiciary and must not be surrendered to the Executive or the legislature. The Rule of Law and the Doctrine of Judicial Review, undoubtedly are the basic features of the constitution, which cannot be changed even by amending the constitution. Thus, the concept of separation of powers is an important feature of the constitution, which gives birth to the powers of the Judicial Review and it is a necessary concomitant.