rule of law is an umbrella concept to protect citizens against the power of the State and it is necessary for democracy and good governance, the Supreme Court said on Wednesday. Laying down pan-India guidelines on demolition of properties, the apex court said the rule of law ensures that actions of the government and its authorities are governed by established legal principles, rather than arbitrary discretion.
«Ensuring the preservation of the principle of rule of law and the protection of the civil rights and liberties of citizens is essential for protecting constitutional democracy,» a bench of Justices B R Gavai and K V Viswanathan said in its 95-page verdict.
It said the law must be just and fair and should protect the human rights and dignity of all members of the society.
«At the same time, the essential purpose of the rule of law is to prevent the abuse of power. The rule of law is an umbrella concept to protect citizens against the power of the State. It is integral to and necessary for democracy and good governance,» the bench said.
The court said it is well settled that the rule of law has been described as a safeguard against the arbitrary use of State power.
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