Model Answer
0 min readIntroduction
The ‘Rule of Law’ is a fundamental principle of good governance, signifying that all individuals and institutions are subject to and accountable under the law, which is fairly applied and enforced. However, its effective implementation is often hampered by ‘arbitrariness’ – the exercise of power in a capricious or unreasonable manner. This arbitrary application of law, whether intentional or due to systemic flaws, erodes public trust, hinders development, and ultimately leads to poor governance. Recent instances of selective enforcement of laws and perceived biases in judicial processes highlight the continuing relevance of this issue in India.
Understanding the Link: Arbitrariness and Poor Governance
Arbitrariness in the application of the rule of law manifests in several ways, directly impacting various facets of governance:
Economic Impact
- Reduced Investment: When laws are applied inconsistently, businesses face uncertainty, discouraging both domestic and foreign investment. For example, retrospective taxation (like the Vodafone case of 2012) created a climate of fear and distrust among investors.
- Corruption & Rent-Seeking: Arbitrary enforcement creates opportunities for corruption. Officials may demand bribes to overlook violations or to selectively enforce rules against competitors.
- Hindered Economic Growth: Unpredictable regulations and inconsistent application of contracts stifle entrepreneurship and innovation, slowing down economic growth.
Social Impact
- Erosion of Trust: Arbitrary actions by law enforcement or the judiciary erode public trust in institutions, leading to social unrest and a breakdown of social order.
- Discrimination & Inequality: Selective enforcement of laws can disproportionately affect marginalized communities, exacerbating existing inequalities. The disproportionate conviction rates of certain communities under laws like sedition are often cited as examples.
- Denial of Justice: Arbitrary delays in judicial proceedings and biased judgments deny citizens access to justice, undermining the fundamental principles of fairness and equality.
Political Impact
- Weakening of Democracy: Arbitrary use of power by the state weakens democratic institutions and principles. The misuse of preventive detention laws or laws related to public order can suppress dissent and curtail fundamental rights.
- Increased Political Polarization: Perceptions of bias in the application of law can fuel political polarization and create divisions within society.
- Accountability Deficit: When those in power are not held accountable for their actions, it creates a culture of impunity and undermines the rule of law.
Mechanisms Contributing to Arbitrariness
| Factor | Description | Impact |
|---|---|---|
| Vague Laws | Laws that are poorly defined or open to interpretation. | Allows for subjective application and potential for misuse. |
| Lack of Transparency | Absence of clear procedures and public access to information. | Creates opportunities for arbitrary decision-making. |
| Political Interference | Undue influence of political actors on law enforcement and the judiciary. | Compromises impartiality and fairness. |
| Capacity Constraints | Insufficient resources, training, and infrastructure within the legal system. | Leads to delays, backlogs, and inconsistent application of law. |
The Second Administrative Reforms Commission (2008) highlighted the need for simplifying laws and procedures, promoting transparency, and strengthening accountability mechanisms to address arbitrariness in governance.
Conclusion
Arbitrariness in the application of the rule of law is undeniably a significant impediment to good governance. It undermines economic progress, erodes social trust, and weakens democratic institutions. Addressing this requires a multi-pronged approach, including simplifying laws, enhancing transparency, strengthening judicial independence, and promoting a culture of accountability. Investing in capacity building within the legal system and fostering a greater awareness of citizens’ rights are also crucial steps towards ensuring a fair and just society where the rule of law prevails.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.