Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
Constitutional Morality requires that all state action must comply with the principle of ______, meaning no one is above the law and all actions must have legal authority and follow fair procedure.
- executive discretion
- rule of law
- parliamentary sovereignty
- majoritarian will
Answer: rule of law
Rule of law in Constitutional Morality: (a) Core elements (A.V. Dicey; embedded in Indian Constitution): (i) Supremacy of law over arbitrary power, (ii) Equality before law (Article 14), (iii) Predominance of legal spirit (judicial review), (b) Constitutional Morality operationalization: (i) Executive actions must have legal basis, (ii) Laws must comply with Constitution, (iii) Courts check excesses through judicial review, (iv) Fair procedure required (Maneka Gandhi: procedure must be fair, just, reasonable), (c) Applications: (i) ADM Jabalpur overruled by Puttaswamy (habeas corpus during Emergency), (ii) SR Bommai (judicial review of President's Rule), (iii) Proportionality test for rights restrictions. Illustrates foundational principle: governance within constitutional bounds, not arbitrary power.