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📗 Nayab Subba syllabus: Paper II, Section B, Unit 2.5 · Open the full Nayab Subba course
Rule of law (कानुनी राज्य / विधिको शासन) means that a country is governed by law, not by the will of a person. Everyone, including the government, is under the law, and laws are fair, public and applied equally.
1. Meaning
- The idea goes back to Greek thinkers (Aristotle: “law should govern”) and to the Magna Carta (1215), which limited the power of the English king.
- The British jurist A. V. Dicey explained it in Introduction to the Study of the Law of the Constitution (1885).
2. Dicey’s three principles
| Principle | Meaning |
|---|---|
| Supremacy of law | No one can be punished except for a clear breach of law proved in an ordinary court; no arbitrary power |
| Equality before law | All persons, including officials, are subject to the same law and the same courts |
| Rights protected by courts | The rights of individuals come from court decisions and are protected by the courts (constitution is the result of the ordinary law of the land) |
- Criticism: Dicey’s view was based on Britain; modern states also have administrative courts and written constitutions.
3. Modern elements of rule of law
- Constitutional supremacy and limited government.
- Laws that are clear, public, stable and fair; no retroactive criminal law.
- Independent and impartial judiciary; judicial review.
- Equality before law and equal protection.
- Fundamental rights and human rights protected.
- Due process and fair trial: right to be heard, right to a lawyer, presumption of innocence.
- Accountability of officials; no impunity.
- Access to justice for all, including the poor (legal aid).
4. Rule of law in Nepal’s Constitution
- The Preamble commits to the rule of law, an independent judiciary and human rights.
- Article 1: the Constitution is the fundamental law; laws inconsistent with it are void.
- Article 18: right to equality; Article 20: rights regarding justice (fair trial, legal counsel, no retroactive punishment, no double jeopardy).
- Articles 126–156: an independent judiciary; the Supreme Court can declare laws void and issue writs (habeas corpus, mandamus, certiorari, prohibition, quo warranto) under its extraordinary jurisdiction (Article 133).
- Bodies that support rule of law: CIAA, Auditor General, National Human Rights Commission, Office of the Attorney General.
5. Challenges in Nepal
- Impunity (दण्डहीनता): powerful people escaping punishment.
- Political interference in police, administration and justice.
- Delays in justice and a large backlog of cases.
- Corruption, weak implementation of court orders.
- Poor access to justice for poor and marginalised people.
6. Ways to strengthen rule of law
- Respect and implement court decisions; end impunity.
- Keep police and prosecution free from political pressure.
- Speed up justice (more judges, case management, technology).
- Free legal aid and legal awareness.
- Transparent, accountable public officials and good governance.
7. Rule of law in practice: examples
| Principle | Example in Nepal |
|---|---|
| Supremacy of law | Government decisions must follow the Constitution and Acts |
| Equality before law | Article 18: everyone is equal before the law |
| Independent judiciary | Courts can quash illegal decisions through writs |
| Due process | Arrested persons must be produced before a court within 24 hours (Article 20) |
| Accountability | CIAA and courts act against officials who abuse power |
8. How this topic is asked in the exam
Objective questions ask the meaning of rule of law, Dicey’s three principles and constitutional articles on equality and justice. Subjective questions ask about the challenges to rule of law in Nepal and how to strengthen it. Mention impunity, delay in justice and political interference, and suggest judicial reform and strong anti-corruption bodies.
📌 Key points to remember
- Rule of law = government by law, not by persons; everyone is under the law.
- Roots: Magna Carta (1215); Dicey (1885): supremacy of law, equality before law, rights protected by courts.
- Elements: constitutional supremacy, independent judiciary, equality, due process, human rights, accountability.
- Nepal: Preamble, Art. 1 (constitution supreme), Art. 18 (equality), Art. 20 (justice), Art. 133 (writ jurisdiction).
- Challenge: impunity (दण्डहीनता), delay, interference, corruption.
📝 Quiz
Test yourself: Rule of Law (कानुनी राज्य)
51 questions check what you read about Meaning, Rule of law in Nepal’s Constitution and Ways to strengthen rule of law. Each attempt picks 25 at random.
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