RIGHT TO HEALTH AND RULE OF LAW: AN INDIAN SOCIO-LEGAL STUDY (original) (raw)
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Walailak Journal of Social Science, 2021
In India, the concept of 'health' has been accorded prime importance at all stages of its historical development. In ancient period, utmost priority was given to hygiene and a clean environment which is key to health. Moreover, during that period, Ayurveda system of medicine flourished and great physicians like Charaka and Susruta rendered their great service to serve the ailing mankind. During the Mughal Rule, the Unani and Siddha medicine flourished and thereafter, during the British Rule the modern system of medical science was born. After independence, 'health' was included in the category of non-justiciable rights under the Directive Principles of State Policy which depended upon the will of the States for its implementation. But the Supreme Court of India realizing the importance of 'health' granted it the status of Fundamental Rights by bringing it within the ambit of 'Right to Life' under Article 21 through its landmark decisions. Since this right is not explicitly mentioned in the Constitution, there is lack of awareness resulting in the violation of this important right. Hence, in order to make the people more vigilant, there is a need to expressly incorporate the 'Right to Health' under Article 21 by constitutional amendment just like the Right to Education under Article 21A.
Right to Health in India-A Study of Constitutional and Judicial Attitude
2014
Health is one of the basic requirements of human being. Nowadays India is facing problem of degradation of health. The Constitution of India is supreme law to govern the whole Nation. The condition of health is worsening day by day in spite of various health schemes and policies. The Supreme Court is performing Nobel function of interpretation of provisions of Constitution. The framers of Indian Constitution have rightly inserted various provisions regarding health of public. Further the role of Indian Supreme Court is significant in protecting health of people at large with the help of various decisions. The effective implementation of Laws enacted based on Constitutional provisions will control the present problem.
RULE OF LAW AND DEMOCRACY IN INDIA
While turning the pages of a recent legal periodical; I noticed a case, K.T. Plantation (P) Ltd. V. State of Karnataka, which deals with 'Principal of rule of law as a basic structure of the constitution of India, re-emphasizedreiterated, rule of law as a concept (explicitly) finds no place in the constitution, but has been characterized as a basic feature of the constitution, which can not be abrogated or destroyed even by parliament and in fact binds the parliament; 1 Rule of law affirms Parliamentary control over the constitution while at the same time denying it sovereignty over the constitution'. These observations are reflective of Court's approach towards the basic concept of rule of law which is result of plethora of case that reflected time and again in last 60 years. The importance of the concept of rule of law directly deals with governance and democracy that is why there are numerous cases which deals with that notion directly or indirectly. Rule of law is the supreme manifestation of human civilization and culture. It is an eternal value of constitutionalism and inherent attribute of democracy and good governance. Theologian Rehind Niebhur noted years ago 'The human capacity for justice makes democracy possible, but human inclination to do injustice to others makes democracy-and the rule of lawnecessary'. Rule of law has become an integral part of global moral thought, E.P. Thompson through not a lawyer but a famous thinker described 'Rule of law' to be 'an unqualified human good' and 'a cultural achievement of universal significance' faithfulness to Rule of law guarantees liberty, equality of opportunity, fairness and a well-functioning society in the face of those 1 A bench of S.
Rule of Law and Human Rights in India: A Constitutional Perspective
The phrase ‘Rule of Law’ treasuresSupremacy of Law and it means that all are equal in the eyes of law.The Rule of Law isdeep-rooted in history and accepted as a notion by large number of nations. Itdiffers from the concept of Rule of Man. The common objective for the development in all the societies is to live with human dignity and which is possible with the practice of rule of law. Rule of law can be expressed by only by practices and these practices are possible by expressing such intentions in the Supreme law of the land. Acknowledgements of the Fundamental rights and the concept of justice of all kind in the constitution is strong evidences of the adoption of the concept of Rule of Law. The Constitution of India also focuses on the fundamental rights and also on the concept of justice according to law.
Rule of Law: A Far Cry in Indian Democracy
SOCIAL SCIENCE AND RESEARCH, 2013
Abstract: India is a great democratic state and the UPA-2 is trying to establish Rule of Law by providing socio-economic and political justice to its citizen and also actively helping to ensure equality, liberty and human dignity. Now days the Right to Information Act and the cyber technology are trying to establish the Rule of Law in India. Rule of Law which is Supremacy of Law, Equality before Law and the Predominance of Legal Spirit is the basic pillar of the British Constitution propounded by Prof. Dicey to protect the citizen from the arbitrary power of the state. Supremacy of law, according to Dicey, the Englishmen are ruled by the law and the law alone. A man may be punished for a breach of law, but can be punished for nothing else. Equality before law means subjection of all classes to the ordinary law of the land administered by ordinary law court. This means that no one is above law. Predominance of legal spirit means that the source of the right of individual is not the written constitution but the rules as defined and enforced by the courts. Keywords: The Concept of Rule of Law, Rule of Law in India, A Cry For Rule of Law In Indian Democracy, Question Mark on Independent Judiciary, Judicial Corruption, Caste Base Reservation Against The Notion of Secularism Within Rule of Law, Corruption or Horse Trading in Parliament, Fake Encounter and Violatio
RULE OF LAW IN INDIA-A JUDICIAL PERSPECTIVE
Dicey 1 said: "It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of law, but he can be punished for nothing else. It means, again, equality before the law, or the equal subjection of all classes to the ordinary law courts; the 'rule of law' in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary tribunals; there can be with us nothing really corresponding to the 'administrative law' (droit administratif) or the 'administrative tribunals' (tribunaux administratifs) of France. The notion which lies at the bottom of the 'administrative law' known to foreign countries is, that affairs or disputes in which the Government or its servants are concerned are beyond the sphere of the civil courts and must be dealt with by special and more or less official bodies. This idea is utterly unknown to the law of England, and indeed is fundamentally inconsistent with our traditions and customs.
The author underscores that the patrimonial liberal Rule of Law (ROL) discourse usually disregards alternative traditions. First, it does not permit any reflection on the normative socialist ROL conceptions. Second, it disregards the very existence of other ROL traditions: for example, the precolonial, those shaped by the revolt against the Old Empire, or the non-mimetic contributions by the proud judiciaries in some "developing societies".