Introduction
Law ka main purpose sirf rules banana nahi hota, balki justice, fairness aur equality ensure karna hota hai.
Lekin har jagah jahan law hota hai, wahan justice bhi ho yeh zaroori nahi.
Isliye political science aur jurisprudence mein do important concepts hote hain Rule of Law and Rule by Law.
Dono sunne mein similar lagte hain, lekin meaning aur impact bilkul opposite hai.
What is Rule of Law?
Rule of Law ka matlab hai Law is supreme, not any individual or authority.
Simple words mein Law sabke upar hai
Koi bhi law se upar nahi. Power bhi law ke control mein hoti hai.
Key Features of Rule of Law:
Equality before Law
Ameer–gareeb, powerful–weak, sab par same law apply hota hai.
Supremacy of Law:
Government, officials, institutions sab law ke under hote hain.
Protection of Fundamental Rights Citizens ke rights sirf likhe hue nahi, practically protected hote hain.
Independent Judiciary courts bina pressure ke justice de sakti hain
Important point:
Rule of Law sirf legal system nahi, ek moral system bhi hai.
What is Rule by Law?
Rule by Law ka matlab hai Law is used as a tool to control people.
Yahan Law power ko limit nahi karta
Law power ke haath mein weapon ban jata hai.
Key Features of Rule by Law:
Selective Application of Law.
Kuch logon ke liye strict.
Kuch logon ke liye flexible.
Law as Instrument of Control
Law ka use dissent, protest, ya opposition ko suppress karne ke liye hota hai.
Legality without Justice sab kuch “legal” lag sakta hai, lekin fair ya just nahi hota.
Weak Accountability:
Authorities rarely held responsible
Important concept:
Something can be legal but still unjust.
Major Differences: Rule of Law vs Rule by Law:
Rule of Law:
Law controls power.
Equality before law.
Rights are protected.
Judiciary is independent.
Justice is goal.
Rule by Law:
Power controls law.
Selective justice.
Rights are restricted.
Judiciary may be pressured.
Control is goal.
Why This Difference Matters for Law Students:
As future Lawyers.
Judges.
Legal advisors.
Aap sirf law follow karne wale nahi honge, aap law interpret aur challenge bhi karoge.
Agar aap Rule of Law samajhte ho aap injustice pe sawal uthayenge.
Agar sirf Rule by Law follow karte ho aap system ka hissa ban jaoge, uska check nahi.
Rule of Law in a Healthy Democracy
Rule of Law ensure karta hai:
Real democracy.
Citizen trust.
Legal certainty.
Social stability.
Without Rule of Law:
Fear replaces freedom.
Silence replaces dissent.
Law loses legitimacy.
Conclusion
Rule of Law aur Rule by Law ka difference sirf academic nahi hai yeh difference justice aur injustice ke beech ka hai.
Law ka purpose power ko strong banana nahi, power ko responsible banana hota hai.
For a law student, yeh samajhna sirf syllabus nahi professional responsibility hai.
