RULE OF LAW, SEPARATION OF POWER AND CONSTITUTIONAL SUPERMACY
AUTHOR – SEKAR V, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH (AUUP)
BEST CITATION – SEKAR V, RULE OF LAW, SEPARATION OF POWER AND CONSTITUTIONAL SUPERMACY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 123-132, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The principles of Rule of Law, Separation of Powers, and Constitutional Supremacy form the foundational pillars of modern democratic governance. These doctrines collectively ensure that government authority is exercised within a legal framework that upholds justice, accountability, and equality. The Rule of Law signifies that no individual, including the state, is above the law, emphasizing fairness, due process, and legal certainty. The Separation of Powers, propounded by Montesquieu, divides governmental functions among the legislature, executive, and judiciary to prevent concentration of power and promote institutional balance. Meanwhile, Constitutional Supremacy ensures that all laws and governmental actions derive their validity from the Constitution, which stands as the supreme law of the land. Together, these principles safeguard individual rights, reinforce democratic values, and maintain the integrity of governance.
This research examines the interconnection among these three doctrines and their practical application in constitutional democracies, particularly within the Indian context. It highlights how the judiciary plays a vital role in maintaining equilibrium between the organs of government and ensuring that constitutional supremacy prevails. The study also explores contemporary challenges such as judicial overreach, executive dominance, and legislative inaction, which threaten the delicate balance envisioned by the framers of the Constitution. By analyzing judicial precedents, constitutional provisions, and comparative perspectives, this research aims to reaffirm the importance of these foundational principles in sustaining the rule-based democratic order.
Key Word: Rule of Law: Ensures equality and accountability before the law. Separation of Powers: Prevents abuse of authority through functional division. Constitutional Supremacy: Establishes the Constitution as the ultimate source of legal validity.