Model Answer
0 min readIntroduction
The ‘Rule of Law’ is a fundamental principle of 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, rather than consistent and predictable enforcement, is a significant impediment to good governance, fostering an environment of uncertainty, distrust, and ultimately, hindering socio-economic progress. Recent instances of selective enforcement of laws and perceived biases in investigations highlight the continuing relevance of this issue in India.
Understanding the Concepts
Rule of Law: It encompasses several key elements including supremacy of law, equality before law, accountability to the law, fairness in the application of law, separation of powers, and access to justice. A robust rule of law is essential for a functioning democracy and a thriving economy.
Arbitrariness: This refers to the exercise of power without any logical or legal basis, often influenced by personal whims, biases, or extraneous considerations. It manifests as inconsistent application of rules, discriminatory practices, and a lack of transparency in decision-making.
Mechanisms Linking Arbitrariness to Poor Governance
- Corruption & Rent-Seeking: Arbitrary enforcement creates opportunities for corruption. Officials may demand bribes to overlook violations or to selectively enforce rules against rivals. This fosters rent-seeking behavior, diverting resources from productive activities.
- Erosion of Trust in Institutions: When laws are applied unevenly, citizens lose faith in the impartiality of the legal system and government institutions. This leads to decreased compliance and increased social unrest.
- Hindrance to Economic Development: Uncertainty created by arbitrary rule-making discourages investment, both domestic and foreign. Businesses are hesitant to operate in an environment where the rules can change unpredictably.
- Lack of Accountability: Arbitrary actions often shield those in power from accountability. Without consistent application of laws, it becomes difficult to hold officials responsible for their actions.
- Violation of Fundamental Rights: Arbitrary arrests, detentions, and searches violate citizens’ fundamental rights guaranteed under the Constitution (Article 14 – Equality before Law, Article 19 – Freedom of Speech, etc.).
Illustrative Examples
1. Selective Enforcement of Environmental Regulations: Often, environmental clearances are granted or denied based on political considerations rather than strict adherence to environmental impact assessments. This leads to ecological damage and undermines the credibility of environmental regulations.
2. Police Discretion & Extrajudicial Killings: Instances of alleged fake encounters and disproportionate use of force by police raise concerns about arbitrary exercise of power and lack of accountability. The Justice Verma Committee (2013) highlighted the need for police reforms to address these issues.
3. Land Acquisition: Arbitrary land acquisition processes, often bypassing due process and fair compensation, have led to protests and social unrest. The Land Acquisition, Rehabilitation and Resettlement Act, 2013, was enacted to address some of these concerns, but implementation remains a challenge.
Addressing the Issue
- Strengthening Judicial Independence: Ensuring the judiciary is free from political interference is crucial for impartial application of law.
- Police Reforms: Implementing comprehensive police reforms, including improved training, accountability mechanisms, and separation of investigation from law and order functions.
- Transparency & Accountability: Promoting transparency in government decision-making through mechanisms like Right to Information (RTI) and citizen charters.
- Streamlining Regulations: Reducing unnecessary regulations and simplifying procedures to minimize opportunities for arbitrary interpretation.
- Capacity Building: Investing in capacity building of public officials to ensure they understand and apply the law correctly.
Conclusion
Arbitrariness in the application of the rule of law is undeniably a primary cause of poor governance. It erodes public trust, hinders economic development, and undermines the foundations of a just and equitable society. Addressing this requires a multi-pronged approach focused on strengthening institutions, promoting transparency, and ensuring accountability. A commitment to consistent, predictable, and impartial application of law is essential for realizing the full potential of India’s governance framework and achieving sustainable development.
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.