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{"id":27230,"date":"2023-06-04T17:26:04","date_gmt":"2023-06-04T11:56:04","guid":{"rendered":"https:\/\/lawdiktat.com\/?p=27230"},"modified":"2023-06-04T17:27:38","modified_gmt":"2023-06-04T11:57:38","slug":"rule-of-law-a-comparative-analysis-of-india-and-pakistan","status":"publish","type":"post","link":"https:\/\/lawdiktat.com\/rule-of-law-a-comparative-analysis-of-india-and-pakistan\/","title":{"rendered":"Rule of law: a comparative analysis of India and Pakistan"},"content":{"rendered":"

Introduction <\/strong><\/h2>\n

The rule of law simply means supremacy of law, equity before law, and predominance of the legal spirit. Every successful country is only based on its administration of the rule of law. The country, with its absence or inadequate rule of law, bears the economic and other crises. As Pakistan is the worst country in the South Asian region in terms of implementation of the rule of law, according to the World Justice Project’s (WJP) rule of law index, Pakistan ranked 129 out of 140 in 2021 surveys, and in the recent index, it fell further to 137, which is much comparatively low compared to its neighbour India, which ranked 77 out of 140.[1]<\/sup><\/a><\/p>\n

What is rule of law<\/strong><\/h2>\n

According to Professor A.V. Dicey The rule of law is the absolute supremacy or superiority of the regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness.<\/p>\n

Origin and background history<\/strong><\/h3>\n

The rule of law has been derived from the French phrase “le principe de legalite,” i.e., government based on the principles of law. No one is above the law.<\/p>\n

    \n
  1. Principles to the rule of law<\/li>\n
  2. The law should be general (ie non-discriminatory), prospective, open and clear.<\/li>\n
  3. The law should be relatively stable (i.e. not subject to frequent and unnecessary changes).<\/li>\n
  4. Executive legislation should be governed by open, stable, clear and general rules (I.e the law should identify the jurisdictional limits of the exercise of delegated legislative powers).<\/li>\n
  5. The independence of the judiciary should be guaranteed.<\/li>\n
  6. The application of the law should be in accordance with the rules of natural justice (ie the rule against bias and the right to a fair trial).<\/li>\n
  7. Courts should have the power to review legislative and administrative action to ensure compliance with these principles.<\/li>\n
  8. Courts should be easily accessible (i.e. individual recourse to justice should not be hindered by excessive delay and expense).[2]<\/sup><\/a><\/li>\n
  9. Crime prevention agencies should not be allowed to subvert the law (ie, such agencies should not be able to choose which laws to enforce and when)<\/li>\n<\/ol>\n