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Do You Know The Difference Between 'rule Of Law' And Rule By Law

Discussion in 'Interesting Shares' started by jayasala42, Sep 26, 2019.

  1. jayasala42

    jayasala42 IL Hall of Fame

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    What’s the difference between “rule of law” and “rule by law”? Much more than a preposition, say experts. But in essence, the former binds society through justice applicable to the rulers and the ruled, the latter is more a means through which rulers maintain social control. Today, in systems under the “rule of law”, a cheat won’t be executed, but under the “rule by law”, he could be, if a law specified it as a punishment. The difference is what separates approaches in various countries.

    In India this comes with a law enforcement machinery and a judicial system that emphasises equality before the law, the right to a defence, and judgments that are open to appeal at higher levels.

    How does this apply to India?

    The rule of law came quickly in India in 1947, but it has failed to develop deep roots. And now, there are signs of a general breakdown where laws are being differentially applied, a huge pendency of cases denies justice to many, judicial accountability is under strain. Perhaps its worst manifestation is the active encouragement to extra-judicial killings in the name of national security or fighting crime, or for that matter, protecting cows.

    “Encounter” killings, essentially the execution of disarmed or unarmed men, have happened in almost all states. Mumbai’s “encounter specialists”, who gunned down an astonishing 250 persons in the 1999-2001 period, are actually celebrated by Bollywood. This is usually a tawdry, secret process sometimes accompanied by torture.

    The UP government has ordered its police to play the role of secret judge, jury and executioner. Nearly 50 alleged criminals have been killed in “encounters” in the past year, to the applause of chief minister Yogi Adityanath. He thinks this will help bring down crime, though historical evidence suggests that killing criminals has never brought it down in any society.

    India’s so-called encounter killings fall into neither the “rule of law” nor “rule by law” category. They are simply criminal acts which poison the whole judicial system. Under the “rule of law”, the courts alone can authorise anyone’s death, that, too in the rarest of rare cases.

    For me it appears that Rule of Law is by statute and any one if sentenced to death may file further appeals.
    But as per Rule by Law,the accuses is not left alive to make appeal.Seems to be an atrocity committed by authorities under the pretext of Law Enforcement, though this may apply in cases relating to security of the nation .

    If any one understands exactly what it means, kindly let me know.
    Thyagarajan likes this.

  2. Thyagarajan

    Thyagarajan IL Hall of Fame

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    Eminent lawyer Jethmalani would have helped me to answer your query had he been alive. But a nice post to ponder vs present day rules or rulings.

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