Rule of law is a dynamic concept that preserves order and justice in a society. Maintaining this is a fundamental duty of the state. The absence of a well-functioning rule of law system prevents equitable access to justice; in India, this has a disproportionate impact on women, children and the economically poor.
In a well-functioning democracy, every public institution has a role to play in upholding the rule of law. We argue for prioritising the rule of law agenda in India by highlighting the cost burden on society due to crime and insecurity, through a two-part series. This paper, the first in the series, sets the theoretical foundation for strengthening rule of law delivery in India. The second paper presents the economic premise for investing in rule of law by estimating the cost of crime in India.
This paper highlights how policing, in particular, can help strengthen rule of law in India. The police form the bedrock of the criminal justice system and are the public’s first interface with the rule of law machinery. They are also in the unique position of being the instruments of the state’s monopoly on the legitimate use of physical force against its citizens. It is thus vital to ensure that the police carry out these duties in accordance with the due process laid down by the law. Despite the weak performance of the police in the country, the paper underscores steps that the police can take to transition into a service-oriented and democratic institution, allowing them to maintain the rule of law.
Strengthening the rule of law system in India would not only ensure equitable access to justice but it would also promote better quality of life and inclusive economic growth and development across the country.
