The British Of The Colonists - 1260 Words

In the 1700s, the Colonists were enraged how the British Parliament were treating them. The British Parliament had been constantly ignoring their rights and forcing taxes upon the colonies. This set an outroar in the colonies, especially in Massachusetts. Parliament had created new laws that limited the Massachusetts-bay in shipping and landing goods and also an act that for a better regulation government in this providence. All of the colonists deemed this as â€Å"Impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights†(Declaration and Resolves, para. 3) This forced them to send Parliament a document called, Declaration and Resolves of the First Continental Congress. This document was†¦show more content†¦After getting their independence from Britain. They made sure this would never happen again by making it a part of their Bill of Rights. This was Ammendment three, and it state that no soldier â€Å"In time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.† (US Const. Amend. III) The only way for a soldier to be quartered is if they got prescribed by law and have gotten consent by the owner of the house. Through the British Parliament s actions, the newly, independent country now has a safeguard to never house soldiers without their consent. The next grievance the colonies faced would be the British forcing taxes upon the colonists, without their consent. During this time, Parliament was full of British people and no colonists. This was a problem because the Colonists then had no vote or say in anything they passed. Through not having any colonists vote, they passed an act that put taxes on all colonial good exported and bought. After it was voted in, the colonists were made and coined the term â€Å"No taxation without representation†. This term meant that they can not get taxed if they were not apart of the vote or in Parliament. The colonists agreed and put this into the document of declarations and resolves, and said â€Å"every idea of taxation internal or external, for raising a revenue on the subjects, in America, without their consent.†Show MoreRelatedThe Differences Between The British And The Colonists1142 Words   |  5 Pages Most colonists referred to themselves as English subjects until 1763, when the administrative changes and enforcement of imperial policies brought the differences between the British and the colonists. These differences prevailed between 1763 and 1776, when the British enforced series of policies and acts/taxes that restricted the colonists on certain things under the Grenville ministry, this then led to the colonists intensified resistance through different types of protests and revolts towardsRead MoreThe Colonists Actions And British Government s Responses881 Words   |  4 Pages3. The Colonists Actions and British Government’s Responses 1760s-1770s The imposition of taxes on the American Colonies by the British Government in the 1760s set in motion a series of action and reaction that led to a break between the components of the British Empire. Americans responded with much anger and public resistance to the Stamp Act in 1763. Much of this resistance was expressed in the colonies of Massachusetts and Virginia. In Massachusetts, the mobs not only threatened violence, butRead MoreThe Reasons Why Colonists Were Colonists From The British And The Loyalists Were Loyal1952 Words   |  8 PagesThe Patriots wanted freedom from the British and the loyalists were â€Å"loyal† to the British There were many different reasons why colonists were revolutionaries or loyalists. Sometimes they chose sides according to what was happening in their own communities and what their personal needs were or If people they did not get along with did not want independence, they might take the revolutionary side. If their rivals were the ones who came up with the idea of independence, they are known as loyalistsRead MoreColonists Dissatisfaction with British Rule Brought about the Revolution628 Words   |  3 PagesThat is a quote from Jimmy carter on the Boston Tea Party. On April 27, 1773 the British Parliament passed a bill called the Tea Act, saving the nearly bankrupt East India Company by giving them full control of trade on tea to the colonies. The East India Company paid its taxes giving the company de facto monopoly on trade to the colonies. The East India Company had the right to sell to the colonies, but the colonists didn’t like it and it led to the Boston Tea Party. The East India Company had theRead MoreThe British Were Selfish to Impose the Stamp Act on the American Colonists765 Words   |  4 PagesThe British Were Selfish to Impose the Stamp Act on the American Colonists The British Government is selfish, and tyrannical for imposing the Stamp Act on American Colonists. I feel that they are selfish and tyrannical because they never let anyone have a voice of ideas, advice, or have rights. Everything was under their control; so it was going to be their way. They quoted,† With the money we make from taxes, we can pay off all of our war debt.† I also believe that the American Colonists wasRead MoreAn Examination Of The Colonist s Retaliation Against British Crown s Taxation888 Words   |  4 Pages An Examination of the Colonist’s Retaliation against British Crown’s Taxation The American colonies were justified in their response to the taxes King George III and Parliament applied on the colonist as Britain allowed this new world to form its own reality and sense of independence by refusing to financially support the colonies and ignoring the large gap that developed over time between the colonies and Britain. For years Britain’s economy reaped the rewards of financial gain through theRead MoreThe American Revolution gave the colonists their desperately desired independence from the British.2300 Words   |  10 PagesThe American Revolution gave the colonists their desperately desired independence from the British. It was more than a simple retaliation to British imperialism. It was the first time that any group of people had battled for independence on the grounds that the colonists did, such as constitutional rights and the rule of law. So powerful was it that it inspired other countries in the world to follow a similar path. Their mere victory was in itself a success and it had its other achievements, butRead MoreAdvantages and Reasons Why the American Colonists Won over the British in the American Revolution1257 Words   |  6 PagesAmerican colonists won over the British in The American Revolution During the American Revolution, The British and the American colonists had many difficulties and challenges to overcome. Both sides had great disadvantages and advantages, but the in the end the colonists had the most advantages and won their independence from the British. Some of the most important reasons the colonists won was that they were fighting on their own continent and knew the land better than the British, they receivedRead MoreEssay On The Boston Massacre955 Words   |  4 PagesWith colonists throwing snowballs with shards of ice to colonists laying on the ground and losing blood. 5 colonist deaths and 6 nonfatal injuries that profoundly affected their day-to-day lives. The Boston Massacre was a fatal altercation between a mob of violent protesting colonists and a group of British soldiers protecting themselves. It occurred on the night of March 5th, 1770, a small argument broke out between a few colonists and British Private Hugh White in front of the Custom House in BostonRead MoreThe Nineteen Years War : An Instrumental Turning Point For The American Colonies1746 Words   |  7 Pagesinstrumental turning point for the American Colonies. Shortly after the initial excitement of winning the Seven Years War ended, tensions between the American colonies and the British Empire rose. These tensions were largely due to the financial mess that was created by the war, miscommunication, and a struggle for power. The British Empire’s need to regain power over the American colonies and organize the new territories gained by the war served to intensify the tension. These tensions set the stage for

What Makes Frankenstein A Gothic Novel - 877 Words

Ryan Watts Mrs. Shroder English IV December 4, 2016 What makes Frankenstein a gothic novel? Mary Shelley creates a sense of gloom, mystery, and suspense, in her novel Frankenstein. The book generates these perceptions though the setting and the terrible events that go on throughout the book. Gothic novels came from the English genre of fiction popular in the 18th and 19th centuries. Gothics are defined by the mysterious and horrific atmosphere, similar to that of Mary Shelley’s writing. Frankenstein is a gothic novel because of the combined elements of extreme and sinister landscapes, horrifying events, supernatural elements, and a passionate, wilful villain. The first reason why Frankenstein fits into the gothic genre is because of the†¦show more content†¦The monster s appearance causes his creator to abandon him and prevents him from normal human interaction. He is forced to learn about the world on his own and spends most of his time watching others. Frankenstein is not the only one negatively affected by his existence. In the process of bringing the monster to life, Victor had deprived himself of rest and health, causing him to fall ill for several months. Shortly after his recovery, Victor learns his younger brother has been murdered. Frankenstein has killed his creator’s brother and framed an innocent girl to get back at Victor for abandoning him. After the girl is executed, Victor becomes consumed with guilt knowing he is responsible for two of his family members deaths. The monster does not stop there, he goes on to kill Victor’s friend Henry and fiance, Elizabeth. Because of his creation, Victor is haunted by depression and guilt for most of his life and died a lonely death hunting Frankenstein. Another reason why Frankenstein fits into the gothic genre is the supernatural elements it presents. The most obvious supernatural element is the creation of the monster, Frankenstein. The mysterious ways in which Victor Frankenstein brought the monster to life were unclear, adding to the sinister feeling of the novel and reinforcing it in the gothic genre. However Victor brought him to life gave him superhuman speed and strength; â€Å"He bounded over the crevices in the ice, among which I had walkedShow MoreRelatedMary Shelleys Frankenstein: A Gothic Novel1595 Words   |  7 PagesShelly’s Frankenstein is one of the greatest Gothic novels to come out during the Romantic Period. Frankenstein is a prime example of what a Gothic novel should present to its reader through the genre’s twisted themes. Even though it was written in the Romantic period, Mary Shelley still wrote Frankenstein to be a Gothic work of literature. Many characteristics of Gothic novel can be seen within this novel. Mary Shelley’s outstanding novel Frankenstein is a prime example of a Gothic novel becauseRead MoreEdgar Allen Poe s Dr. Jekyll And Mr. Hyde, And The Tell Tale Heart1579 Words   |  7 PagesGothic Frankenstein The amount of scary books, dark video games and horror movies in the horror genre is unparalleled by any other single genre. People who take part in this genre enjoy the heart-pounding thrill of being scared or the long drawn out tension that causes them to sit on the edge of their seat. Historically many of the early examples of the horror or gothic genre like Dracula by Bram Stoker, Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson, and The Tell Tale Heart by EdgarRead MoreAnalysis Of Frankenstein Dark Elements 1117 Words   |  5 Pageslate eighteenth century, gothic literature rapidly expanded to become a major genre of study. There are many key elements that make a piece of literature gothic, many of these elements are found in Frankenstein. Three of the main elements that categorize gothic literature are extreme landscapes, supernatural manifestations, and intense emotions; these three elements can also be found in Frankenstein. One common element of gothic literature includes extreme landscapes. Gothic literature uses this keyRead MoreAshley Andreasen. Mrs. Schroder . Honors English Iv. 81000 Words   |  4 PagesHonors English IV 8 December 2016 Gothic Elements in Frankenstein A gothic novel is an English genre of fiction that was popular in the early 18th and 19th centuries that combines horror, mystery, and death in a seemingly meaningful setting. Frankenstein took place in continental Europe, specifically Switzerland and Germany, with other parts taking place in Arctic regions. The location/setting is just one characteristic that makes this a gothic novel. Gothic novels consist of various elements suchRead More Mary Shelleys Frankenstein Employs Typical Features of the Gothic Tradition943 Words   |  4 PagesMary Shelleys Frankenstein Employs Typical Features of the Gothic Tradition One of the most important aspects of any Gothic novel is setting. Mary Shellys Frankenstein is an innovative and disturbing work that weaves a tale of passion, misery, dread, and remorse. Some would argue that Frankenstein is a classic Gothic novel. By a classically Gothic novel it is meant that the story employs a traditionally scary theme. This could include such things as dark and dreary castlesRead More To what extent is Frankenstein typical of gothic literature?1272 Words   |  6 PagesTo what extent is Frankenstein typical of gothic literature? In you answer make close references to its context and Mary Shellys use of language. This essay will assess how typical of the gothic genre writings is Mary Shellys Frankenstein. The novel was written at a time when electricity was first discovered and Galvanism was being explored, mainly for medical reasons. People at this time were ignorant and sceptical of medicine and so most people would have been disgusted by these studiesRead MoreMary Shelley and Flannery OConnor: Gothic Isolationists1724 Words   |  7 Pages Gothic fiction is a genre of literature that combines fiction, horror and Romanticism with a particular focus on the mysterious and supernatural aspects. Gothic fiction originated in England during the latter half of the 18th century. This distinctive genre of literature soon developed into a 19th century phenomenon. The success of this dominant genre in England is frequently attributed to Mary Shelley. Despite its success during this time period, gothic fiction ceased to be a dominant genre byRead MoreGothic Literature : The Gothic Genre1130 Words   |  5 PagesKatelyn Tiamson English Honors IV Mrs. Schroder 8 December 2016 Frankenstein Gothic literature is a style of writing that contains elements of both horror and romance. This genre allows readers to experience a mix of horror and romance intertwined. Within the gothic genre there are elements of supernatural events, beings, and gloomy day settings. This style of writing became popular in the late 18th century and early 19 century. Many give credit to it’s uprising to author Horace Walpole, who wroteRead MoreAlexandra Giambruno. Mrs.Schroder. English Iv Honors. 231030 Words   |  5 Pages2016 Frankenstein Frankenstein is considered a gothic novel that has different elements that combine to create what the story is. The story of Frankenstein has mysterious aspects that help the main character Victor create the monster. In a gothic novel, there are a ton of abstract thoughts that can be in play pertaining to the type of story that the author creates. Power and Constraint is one point that plays a lot in the novel itself, it all started with the main creator. Victor Frankenstein hadRead More‘the Narrative Voice Is an Important Element in the Use of Realist and Non-Realist Techniques and Conventions.’1567 Words   |  7 Pagesstyle of writing. Therefore to classify the realist novel, which became the foremost form of writing in the early nineteenth century, we can perhaps best describe it as a body of prose that is interested and concerned with everyday life. This of course leads us to assume, as readers of twenty-first century novels, that a non-realist novel would therefore offer the reader an escape into an alternative world where settings and events are far from what would be expected in everyday life. Two examples of

Rule of law under Indian Constitution free essay sample

INTRODUCTION India being one of the most powerful democratic nation in the world, guided by the Constitution, which declares it to be Secular, Socialist, Republic and at the same time we are governed by Rule of Law. Law is the supreme authority which confers rights to its citizens and under which most important is the â€Å"Equality before the law† and â€Å"Equal protection of Law†. The constitution of India has been made the supreme law of the country and other laws are required to be in conformity with it. Any law which is found in violation of any provision of the constitution, particularly, the fundamental rights, is declared void. The Indian constitution also incorporate the first principle of Dicey i. e. equality before law and equal protection of laws. The Rule of Law embodied in Article 14 is the â€Å"basic feature† of the Indian Constitution and hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. In India, the meaning of Rule of Law has been applied differently in different cases by the judiciary. Before moving further, dimensions of Article 14 of the Constitution of India is very vital to discuss. Both positive as well as negative discrimination of this Article came and Supreme Court and various High Courts from time to time have summarized their decisions in different cases. Dicey’s rule of law has been adopted and incorporated in the Indian Constitution. The Preamble itself enunciates the ideals of justice, liberty and equality. In chapter III of the Constitution, these concepts are enshrined as fundamental rights and are thus made enforceable. The Constitution is supreme and all the three organs of the government, viz. legislature, executive and judiciary are subordinate to and have to act in accordance with it. The principle of judicial review is embodied in the Constitution and subjects can approach the High Courts and Supreme Court for the enforcement of fundamental rights guaranteed under Indian Constitution. No person shall be deprived of his life or personal liberty except according to the procedure established by law or of his property save by the authority of law. The government and the public officals are also not above the law. They are also subject to the jurisdiction of ordinary courts of law and for similar wrongs are to be tried and punished similarly. They are not immune from the ordinary legal process nor is any provision made regarding separate administration courts and tribunals. In public services too, the doctrine of equality is accepted. Thus, it appears that the doctrine of rule of law is embodied in the Indian Constitution, and is treated as the basic structure of the Constitution. The guarantee of equality before the law is an aspect of what Dicey calls the rule of law in England. Rule of Law has many different facets and because of its indiscriminate promiscuous use, has meant different things to different people at different times. In simpler terms, this means that no man is above law and that every person, whatever be his rank or condition, is subject to the jurisdiction of ordinary courts. Also, it requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order. It is the basic rule of governance for any enlightened civilized society’s effort as it is not merely a legalistic slogan. It is a kind of commitment to certain traditional principles and values. Dicey’s rule of law has been embodied in Article 14 of the Constitution which is the â€Å"basic feature† and hence it can’t be destroyed even by an amendment of the Constitution under Article 368 of the Constitution. RULE OF LAW: MEANING Dicey has included three distinct though kindered ideas in Rule of Law. 1. Supremacy of law Explaining the first principle, Dicey states that rule of law means that the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. Acc. To him, the Englishmen were ruled by the law and by the law alone; a man with us may be punished for a breach of law, but can be punished for nothing else. Simply it means the absolute supremacy of law as opposed to the arbitrary power of the Government. If there is cogent evidence of commission of a grave crime for which an ordinary citizen would be arrested, the law cannot be differently applied depending on the status of the person. However high you may be, law is above you. 2. Equality before law- It means that subjection of all classes to the ordinary law of the land administered by ordinary law courts. This means that no one is above law with the sole exception of the monarch who can do no wrong. Dicey, explained this principle of the rule of law as there must be equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. Acc. To him, in England, all persons were subject to one and the same law, and there were no extraordinary tribunals or special courts for officers of the government and the other authorities. Though he criticized the French legal system of droit administratif in which there were separate Administrative Tribunals for deciding cases between the officials of the State and the Citizens. Acc. To him, exemption of the civil servants from the jurisdiction of the ordinary courts of law and providing them with special tribunals was the negation of equality. The Constution has further taken care to provide us with bulwark that guards the freedom of an average citizen, it is the law court. Courts of justice are more important than even the military to guard the freedom of the country and of the individual by enforcing adherence to the rule of law. In the case of, State of West Bengal v. Anwar Ali Sarkar , it was clearly held that â€Å" all persons shall be treated alike both in the privileges conferred and liabilities imposed by the laws. Equal laws should be applied to all in the same situations, and there should be no discrimination between one person and another. † Thus, the simple rule is that the like should be treated alike and not that unlike should be treated alike. Also, the Supreme Court in Basheshar Nath’s case in 1959 observed that the principle of the Rule of Law was an essential element of the guarantee of equality. 3. Judge made Constitution- We may consider the position prevailing in India vis-a-vis the third principle i. e. , the doctrine of Judge made Constitution or predomination of legal spirit. Until recently, this principle was being studied and examined in context of interpreting the provisions of the Constitution and in Chief Settlement Commr. v Om Prakash , the Supreme Court observed: â€Å"In our constitutional system, the central and most characteristic feature is the concept of of rule of law, which means, in the present context, the authority of the law courts to test all administrative action by the standard of legality. The administrative or executive action that does not meet the standard will be set aside if the aggrieved party or person brings the appropriate action in the competent court. The Rule of Law rejects the conception of the dual state in which the governmental action is placed in a privileged position of immunity from contrl by law. Such a notion is foreign to our basic constitutional concept. † (emphasis supplied) The First and the second aspects apply to Indian system but the third aspect of Dicey’s rule of law does not apply to Indian system as the source of rights of Individuals is the Constitution of India. The Constitution is the supreme Law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution. Equal protection of the laws: The guarantee of equal protection of laws is similar to one embodied in the 14th Amendment to the American Constitution. This has been interpreted to mean subjection to equal law, applying to all in the same circumstances. In Raghubir Singh v. State of Haryana the court held that, â€Å" The rule of law imposes a duty upon the State to take special measures to prevent and punish brutality by police methodology. Exceptions to the Rule of Law: This rule of equality is, however not an absolute rule and there are number of exceptions to it. (i)â€Å"equality before the law† does not mean the ‘powers of the private citizens are the same as the powers of the public officials’. Thus, a police officer has the power to arrest while no other private person has this power. Rule of Law explicitly doesn’t require that these powers should be clearly defined by the law and that abuse of authority by public officers must be punished by ordinary courts in the same manner as illegal acts committed by any private person. (ii)The rule of law doesn’t prevent certain classes of persons being subject to special courts. Thus, the members of armed forces are controlled by military laws. Also under Article 361 of the Indian Constitution, during the term of his/her office, the Governor of a state or the President shall not be answerable to any criminal offences. (iii)Today ministers and other executive bodies are given very wide discretionary powers by a statute. And as a result of which such power is been abused. Today, a large no. of legislations in the form of delegated legislation i. e. , rules, orders are been made by the ministers and it is not directly under the Parliament’s power. (iv)Certain members of the society are governed by special rules in their professions, i. e. , lawyers, doctors, members of armed forces and police. Such clauses are treated differently from ordinary citizens. The Constitution itself contains provisions which, under certain circumstances, limit the effectiveness of Art. 14. (i)The scope of right to equality U/A 14 has been considerably restricted by the 42nd Amendment Act, 1976. The new Article 31-C added by the amendment act provides that the laws made by the State for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 can’t be challenged on the ground that they are violative of Article 14. In Sanjeev Coke manufacturing co. v. Bharat cooking Coal Ltd. The Supreme Court has held that â€Å"where Art. 31-C comes in, Article 14 goes out. (ii)Article 359(1) provides that where a proclamation of emergency is in operation the President may, by order, declare that the right to move any court for the enforcement of such rights conferred by Part III( except Arts. 20 and 21) shall remain suspended. Thus, if the President of India issues an order, where a Proclamation of Emergency is in operation, enforcement of Article 12 may be suspended for the period during which the proclamation is in force. (iii)Article 361 lays down that the President and the Governors are exempted from any criminal proceeding during the tenure of their office. (iv)Under International Law, foreign sovereign and ambassadors enjoy full immunity from any judicial process. This is also available to enemy aliens for acts of war. Article 14 permits classification but prohibits class legislation. The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character. It does not mean that the same laws should apply to all persons. It does not mean that every law must have universal application for, all persons are not, by nature, Attainment or circumstances in the same position. The varying needs of different classes of persons often require separate treatment. From the very nature of the society there should be different laws in different places and the Legislature controls the policy and enacts laws in the best interest of safety and security of the State. In fact, identical treatment in unequal circumstances would amount to inequality. So, a reasonable classification is only not permitted but is necessary if society is to progress. Thus, what Article 14 forbids is class-legislation but it does not forbid reasonable classification. The classification, however, must not be â€Å"arbitrary, artificial or evasive† but must be based on some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Article 14 applies where equals are treated differently without any reasonable basis. But where equals and unequals are treated differently, Article 14 does not apply. Class legislation is that which makes an improper discrimination by conferring particular privileges upon a class of persons arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privilege granted that between whom and the persons not so favoured no reasonable distinction or substantial difference can be found justifying the inclusion of one and the exclusion of the other from such privileges. Test of Reasonable Classification- Article 14 forbids class legislation, but it does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of achieving specific ends. Classifications to be reasonable must fulfill two conditions:- (c)The classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and (d)The differentia must have a rational relation to the object sought to be achieved by the Act. The important thing is that there must be a nexus between the basis of classification and the object of the Act which makes the classification. K. K. Mathew, J. highlighted the negative concept of the doctrine of equality before the law, as traditionally understood and posed the question whether the command of Article 14 is merely to ban creation of equality or to eliminate inequalities ? According to him Formal equality before the law has been found to be a shame in many areas. The true meaning and scope of Article 14 have been explained in a number of cases by supreme Court. In re-Special Court Bill case, Chandrachud, J. , (as he then was) reformulated new propositions to be followed regarding the applicability of Article 14. But this has been rightly criticized by Mr. Seervai as making the well-settled principles unsettled and creating confusion and uncertainity and encouraging litigation. The principles laid down by Das, J. , in Ramkrishna Dalmia v. Justice Tendolkar has not been disputed by Chandrachud, J. , and therefore there was no need to reformulate the same unless it was necessary to add something to the existing principles. In Sagir Ahmad v. State it has been clearly held that. â€Å"The question whether a classification is reasonable, and proper or not, must, however be judged more on commonsense than on legal subtleties. † New concept of Equality: Protection against Arbitrariness- â€Å"In E. P. Royappa v. State of Tamil Nadu, the Supreme Court has challenged the traditional concept of equality which was based on the reasonable classification and has laid down a new concept of equality. Chandrachud and Krishna Iyer, JJ. Propunded the new concept of equality in the following words- â€Å"Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined and confined’ within traditional and doctrinal limits. From a positivistic point of view, equality is antithesis to arbitrariness. In fact, equality and arbitrariness are sworn enemies; one belong to the Rule of Law in a republic while the other, to the whim and caprice of an absolute monarch. Where an Act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. † In Maneka Gandhi v. Union of India, Bhagwati, J. , again quoted with approval the new concept of equality propounded by him in the E. P. Royappa case. He said :- â€Å"†¦. Equality is a dynamic concept with many aspects and dimensions and it cannot be imprisoned within traditional and doctrinal limits. Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non-arbitrariness, pervades Article 14 like a brooding omnipresence. † The basic postulate of the Rule of Law is that â€Å"justice should not only be done but it must also be seen to be done. † The society is composed of unequals and a welfare State has to strive by both executive and legislative action to help the less fortunate and to improve their condition so that social and economic unequality in the society may be bridged. This would require a law to be made applicable to that group in order to ameliorate their lot. Desai, J. , said that the doctrine of classification was evolved to sustain a legislation of State action in order to help the weaker sections of the society or some such segments of the society in need of succor. In ADM Jabalpur v. Shivakant Shukla, it is one of the most important cases when it comes to rule of law. In this case, the question before the court was ‘whether there was any rule of law in India apart from Article 21’. This was in context of suspension of enforcement of Articles 14, 21 and 22 during the proclamation of an emergency. The answer of the majority of the bench was in negative for the question of law. However Justice H. R. Khanna dissented from the majority opinion and observed that â€Å"Even in absence of Article 21 in the Constitution, the state has got no power to deprive a person of his life and liberty without the authority of law. In India, there are a few instances where Judiciary has infringed upon the areas of Executive and Legislature and this can be said from the example of the present Reservation system. Judiciary was against the fact of giving reservations to the creamy layer but the Executive and Legislature was not in favor of this. â€Å"Though many of them had critiqued about Rule of Law in Indian Constitution. Acc. To them, Law changes with time. As time evolves, Law has to change in that way. They see Rule of Law simply as a tool for guiding and maintaining the status quo of the society. For them maintain status quo is far from being neutral, serves to protect the powerful at the cost of others. More extreme critics claim that [t]he liberal paradigm has destroyed the rule of law. The rationale behind this statement is that, considering the real state of the world, many equate the rule of law with legality. However, this is a flawed equation as [l]egality simply means that there are laws and says nothing about the quality of those laws. Hence, there are many lacunas in the concept of rule of law which servers the reason of non-implementation of the concept properly. †