Rule of Law (बिधिको शासन)

The principle of rule of law is not a new phenomena. It has its roots that date back to the Hammurabi code of Babylon in the west. In the muslim countries Koran and Sharia has been maintained and respected as the supreme law. Manusmirti was first coded law in Hinduism and there are various scholars in the ancient history who have emphasized in this principle.

There is no universal definition of this principle. However, there is a basic definition which has almost got universal acceptance which is the people and the government should be governed by the law and they are obliged to obey it. 

“a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency." (Report of the Secretary-General: The rule of law and transitional justice in conflict and post-conflict societies” (2004))

Rule of law means the people and the state itself shall submit to, obey and be governed by the law not by arbitrary decisions of any person or institution. The fundamental principles of rule of law are as under:

- Supremacy of law

- Separation of power 

- Transparency and accountability

- Innocent until proven otherwise

- Equal and fair enforcement

Certain factors can influence the rule of law.
- Constraints on government power
- Open Government
- Fundamental rights
- Order and security
- Regulatory enforcement
- Civil Justice
- Criminal Justice
- Informal Justice

The dominant debate in rule of law is that is rule of law able to provide social justice to the people? For example, if Sharia law is implemented as it is in a equal and fair manner, will it be able to deliver justice to non-muslims and the women?

For more visit the following links:
http://worldjusticeproject.org/what-rule-law
http://www.unrol.org/article.aspx?article_id=3
http://www.duhaime.org/LegalDictionary/R/RuleofLaw.aspx
http://www.ruleoflaw.org.au/principles/