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UPSC Prelims 2018 Q45: Indian Polity – Political Theory & Concepts

UPSC Prelims 2018, General Studies Paper I · Indian Polity

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:
  1. (a) 1 and 3 only
  2. (b) 2 and 4 only
  3. (c) 1, 2 and 4 only
  4. (d) 1, 2, 3 and 4

Answer: (c) 1, 2 and 4 only

Explanation

Rule of Law - Main Features (A.V. Dicey and Modern Interpretation)

A.V. Dicey's classical formulation (1885) has three pillars: (i) supremacy of law over arbitrary power, (ii) equality before the law, (iii) constitution is the result of ordinary law of the land.

Modern expansion includes:

FeatureRule of Law?Detail
1. Limitation of powersYESGovernment must operate within legal limits; no arbitrary exercise of power.
2. Equality before lawYESEveryone equal before law, regardless of status. Directly from Dicey's second pillar and enshrined in Art. 14 of Indian Constitution.
3. People's responsibility to GovernmentNORule of law is about government's responsibility to citizens through law, NOT the reverse.
4. Liberty and civil rightsYESRule of law includes protection of fundamental liberties - articulated in Dicey's third pillar (constitution reflects the law of the land protecting rights).

Answer: (c) 1, 2 and 4 only.

Why each option is right or wrong

Key point

Rule of Law (Dicey + modern): (i) Supremacy/limitation of arbitrary power, (ii) Equality before law, (iii) Protection of liberty/civil rights through law. NOT 'people's duty to Government' - that is a totalitarian inversion.

Remember

The main features of the Rule of Law - articulated by A.V. Dicey and refined by modern political theory - are: limitation of governmental powers, equality before the law, and protection of liberty and civil rights. 'People's responsibility to Government' inverts the concept - the Rule of Law is fundamentally about Government being accountable to law and to citizens, not the other way around.

Common mistakes

Exam tip

Rule of law = the LAW rules, not rulers. Government is bound by law. Citizens are equal before law. Fundamental rights are protected. NOT the same as 'law and order' or citizens obeying government blindly.

Sources

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