Let the vow of establishing people’s rights be main commitment of government

As we all know, in a general sense, the rule of law is the main priority of law. The basic essence of the rule of law is the absence of arbitrariness in governance. It is well-established as an overall process and a practical matter. In establishing the rule of law, it is absolutely essential that the attitude of the legislators be in favour of the hopes and aspirations of the people. The law will be the criterion, not individuals, institutions, or parties, for determining every issue of state governance. All citizens of the state, regardless of religion, caste, tribe, class, party, or sect, are equal in the eyes of the law. Just as no citizen of the state can remain outside the purview of the law exerting his own influence, no citizen should be considered inferior in the eyes of the law. Every citizen of the state must have the opportunity to face the law for his actions and also to seek refuge in the law for his rights and demands.

On the other hand, if a law is fundamentally or systematically unreasonable, implementation of that law cannot be in accordance with the basic principles of law. In this case, it is necessary to establish a balance of power between the various agencies and departments of the government engaged at different levels, including the formulation and implementation of laws and the proper application and evaluation of laws. It is especially important to keep the judiciary free from the control of the legislative and executive branches.

Professor Albert Van Dicey, an advocate of rule of law, explained the rule of law in detail in his book ‘Law of Constitution’ published in 1885. He mentioned four conditions for the implementation of the rule of law. The conditions are: (1) everyone will enjoy equal benefits in the eyes of the law, (2) an independent judiciary will be open to all, (3) no one can be arrested without cause, and (4) the rights of citizens will be protected by the existing laws of the country.

Lord Hewart, one of Professor Dicey’s supporters, said, “The rule of law is usually called the sovereignty or supremacy of law, instead of any alternative method of determining or protecting individual freedom, such as tyranny or law. Therefore, if the rule of law is established in the state, everyone will be able to enjoy equal freedom and rights, the oppression of the powerful will be reduced, and the individual will be able to develop his life beautifully.”

According to another scholar, Jennings, the four steps of the rule of law are defining crimes by specific laws, not punishing anyone for crimes that are illegal, thoroughly analysing the laws related to punishment, and judging the crime by the laws of the time in which it was committed.

A review of information and data obtained from various sources, including the media, shows that the rule of law varies from country to country. Most of the general principles that have ensured the rule of law in England are the result of judicial verdicts in various cases filed by citizens there. Those verdicts have determined the personal rights of citizens. In addition, the Magna Carta (1215), the Petition of Rights (1628) and the Bill of Rights (1689) have declared the natural rights of the English, which ensure the rule of law in that country. The English have developed an awareness of personal rights through the traditions, customs and practices of the English nation and the long history of the development of their political institutions. They are as inviolable as the written constitutional documents of many new states created later. Those unwritten principles of the English have been incorporated into the constitutions of most new states.

The US Congress is empowered to make any law under the Constitution; but in this case, the law made by Congress was in conflict with the Constitution, the supreme law of the Republic. Since the Constitution created all institutions including Congress, Congress cannot make any law that is unconstitutional or in conflict with the Constitution. However, doing so would be a violation of the rule of law, because the Constitution is the supreme law of the Republic and the laws made by Congress are subject to the Constitution of the country. On this basis, the Supreme Court establishes the rule of law by invalidating the laws made by Congress that conflict with the Constitution. Another aspect of the rule of law in the United States is the proper use of lawmaking according to the provisions of the Constitution. The Constitution specifies what types of laws the federal and state governments can make. If Congress enacts certain types of laws for the state government or if the state legislature enacts certain types of laws for the federal government, the Supreme Court can invalidate those laws.

The rule of law is one of the features of the Constitution of Bangladesh. According to Article 27 of the Constitution, all citizens of Bangladesh shall be considered equal before the law and shall be entitled to equal protection of the law. According to Article 31, the right to protection of the law and to be treated according to the law is an inalienable right of every citizen of the country. No action can be taken against any person outside the existing laws that may cause loss of his life, liberty, body, reputation or property. Therefore, according to the Constitution of the country, the government cannot take any action outside the existing laws that is harmful to the life, property, honor and reputation of a person. If any action is taken against a person, it must be in accordance with the existing laws and in this case, he must be given the opportunity to defend himself. Because just as the Constitution provides for a person to be tried, it also gives him the right to the protection of the law also. In passing any law in Parliament, the principles and spirit of Articles 27 and 31 of the Constitution must definitely be kept in mind. In seeking or receiving justice according to the law, the only consideration will be that he is a citizen of Bangladesh.

Although the law is equal for everyone, in reality its equal application is not very visible. Political misuse of law was conducted as a normal thing in the country. The country's politics has faced difficult challenges due to the political subculture such as repression, imprisonment, assault and cases against government opponents, which is contrary to the rule of law. This has repeatedly hindered the progress of our democracy.

We should all remember that the main responsibility of any government and court is to protect the country and the constitutional rule of law of the country rather than the individual. Any kind of immoral compromise does not in any way honor good governance. It is not at all appropriate to question the adorable rule, in various ways in a biased or cunning way, that 'the law follows its own course'.

It is the strong call of the time for all patriotic people and political parties to reach a consensus for the purpose of establishing democracy and the rule of law in the country. The current interim government's significant commitment is to end exploitation, deprivation and discrimination at all levels in state reform. All unreasonable methods of violating internationally recognised human rights must be eliminated in order to establish a humane society. The main initiative to keep the government's commitment should be the commitment to establish the overall rights of the people.

Dr Iftekhar Uddin Chowdhury: Educationist and former Vice-Chancellor, Chittagong University.