India is a democratic country, where every person gets a certain right and duties. Some rights are given to citizens while some are for everyone. But it doesn’t mean the state is doing injustice with anyone. In the same way, some special privileges and power is given where the rule of law is not applicable. In this article, we will understand what is the rule of law, and its exceptions too.
Article 14 of Constitution of India
Article 14 of the Constitution of India states that the State shall don’t deny any person equality before law and equal protection of law. Article 14 gives emphasis to Equality before law & Equal protection of law
Equality before law means everyone should be treated equally. This is considered a negative concept because no special privileges are given to underprivileged sections of the society.
Equality before law means likes just be treated alike and not everyone is treated alike. In other words it means those who are of the same nature are treated equally.
Rule of law
In England the concept of equality before law is called the Rule of law. The concept of Rule of law was given by A. V Dicey which means no one is above law and everyone should be treated equally and are subject to jurisdiction of law of land.
Article 31 – C of Constitution of India
Article 31 C of Constitution of India was added by 42nd amendment Act, 1976 to huch states that any law made by the state for implementing DPSP can’t be challenged if it is violative of Article 14 of Constitution of India.
Article 359(1) of Constitution of India
It states that if the president proclaims emergency then right guaranteed by Part III of Constitution of India will remain suspended except Article 20 and article 21 of Constitution of India.
Article 361 of Constitution of India
It states that the President and the Governor of States have given special Immunity whereby they are exempted from criminal proceedings during their tenure.
Special privileges to ambassadors, etc.
International law provides special Immunity to foreign ambassadors, foreign sovereign and enemy aliens from the judiciary process.