All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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31.

Supremacy Of Law, Equality Before Law, And Predominance Of Legal Spirit Are The Basic Principles Of Doctrine Of

A: Colorable Legislation
B: Doctrine of ‘Separation of Powers’
C: Doctrine of ‘Rule of Law’
D: Doctrine of ‘Excessive delegation’

The answer is: C

Explanation

The correct option is C: Doctrine of 'Rule of Law'.

This doctrine means that the state is governed by the law and not by the arbitrary decisions of the rulers or the representatives of the people. It also means that everyone is equal before the law and subject to the same laws administered by the same courts. It also means that the rights and liberties of the people are protected by the law and not by mere declarations or conventions. The doctrine of 'Rule of Law' was developed by A.V. Dicey, a British jurist, who gave three meanings to it: supremacy of law, equality before law, and predominance of legal spirit. The other options are not related to this doctrine.

Colorable Legislation is a term used to describe a legislation that is enacted by a legislature with no power to do so, but disguises it as if it is within its competence.

Doctrine of 'Separation of Powers' is a principle that divides the functions and powers of the government into three branches: legislative, executive, and judicial, and prevents one branch from interfering with another.

Doctrine of 'Excessive Delegation' is a rule that limits the extent to which a legislature can delegate its law-making power to another authority or body.