Indian Polity : Salient Features Of The Constitution

Q 7 / 12

UPSC CSE Prelims 2018

Which of the following are regarded as the main features of the "Rule of Law" ?

  1. Limitation of powers
  2. Equality before law
  3. People's responsibility to the Government
  4. Liberty and civil rights
Select the correct answer using the code given below :

EXPLANATION

Correct Option

The concept of "Rule of Law," significantly elucidated by A.V. Dicey, establishes a framework where governance operates under the law, not by arbitrary decisions. Its main features include:

  • Limitation of powers: This principle ensures that all governmental authorities and officials are subject to the law, not above it. It prevents arbitrary exercise of power and mandates that the state functions within defined legal boundaries. Thus, statement 1 is correct.
  • Equality before law: This implies that all individuals, irrespective of their status or position, are equally subject to the ordinary law of the land administered by ordinary courts. There are no special privileges or exemptions from the law for any person or group. Thus, statement 2 is correct.
  • Liberty and civil rights: The Rule of Law is fundamental to the protection of individual liberties and civil rights. It ensures that fundamental freedoms, such as freedom of speech, personal liberty, and the right to a fair trial, are upheld and protected by law, not by the discretion of authorities. Thus, statement 4 is correct.

Incorrect Options

  • People's responsibility to the Government: Statement 3 is incorrect. The Rule of Law primarily emphasizes the accountability of the government to the people and the law, rather than imposing a direct responsibility of the people to the government. While citizens have duties, this specific phrasing does not represent a core feature of the Rule of Law.
  • Option (a) 1 and 3 only: This option is incorrect because statement 3 is not a feature of the Rule of Law.
  • Option (b) 2 and 4 only: This option is incorrect because 'Limitation of powers' (statement 1) is also a fundamental feature of the Rule of Law.
  • Option (d) 1, 2, 3 and 4: This option is incorrect as statement 3 is not a characteristic feature of the Rule of Law.
SOURCEIndian Polity by M. Laxmikanth, Chapter 6: Salient Features of the Constitution