2020 Statelessness & Citizenship Review 2(1) of law. In the next section, this paper reviews the basic components of the rule of law, against which the FTs will be assessed. THE RULE OF LAW Globally, the rule of law signifies, at its bare minimum, that no power is absolute but is subject to restrictions; and that any abuse of power is amenable to challenge in an independent court. In India, the sovereign power of parliament to legislate is restricted by the Constitution expressly as well as implicitly. 43 The powers and obligations of the executive as well as limitations on fundamental rights are required to be defined within the legislation. Thus, even the power of the executive is limited by operation of the law. The common law concept of the rule of law is followed and applied in the Indian context. The rule of law implies that people are informed of their obligations and limits on their liberty in advance, and an independent process is available to determine the consequences of any breach of such obligation or limit. Adherence to the rule of law is vital for the government to derive legitimacy, both internally and externally. In fact, the separation of powers is itself regarded as a fundamental tenet of the rule of law. 44 World Bank Governance Project data reveals that countries have varied versions of the rule of law and governance, and their systems of administration differ. 45 Notwithstanding the various shades of the rule of law followed across the globe, certain aspects are considered as a bare minimum — so much so that they are regarded as fundamental human rights under the Universal Declaration of Human Rights. 46 Article 10 of the Universal Declaration of Human Rights provides that Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. This right, translated into binding form in art 14 of the International Covenant on Civil and Political Rights, embodies the right to recourse, which is the essence of the rule of law. 47 A person who is dissatisfied with any legislative or administrative action should have recourse to an impartial tribunal. The absence of a ‘fail-safe’ judicial tribunal to challenge governmental action signifies a breach of the most fundamental of human rights. It is the domain of the judicial system to keep a check on the legislative and the executive actions and keep them within their respective limits. This system of checks and balances — ensuring that the framing of the law, its application and its 43 44 45 46 47 Constitution of India (‘the Constitution’) art 13 provides that laws inconsistent with rights guaranteed in Part III of the Constitution of India shall be void. These rights are called ‘Fundamental Rights’. See Manoj Mate ‘State Constitutions and the Basic Structure Doctrine’ (2014) 45(2) Columbia Human Rights Law Review 441. Denise Meyerson, ‘The Rule of Law and the Separation of Powers’ (2004) 4 Macquarie Law Journal 1. See ‘Worldwide Governance Indicators’, World Bank (Web Page) <https://info.worldbank.org/governance/wgi/>. Universal Declaration of Human Rights, GA Res 217A (III), UN GAOR, UN Doc A/810 (10 December 1948) preamble (‘UDHR’): ‘Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law’. International Covenant on Civil and Political Rights, opened for signature 19 December 1966, 999 UNTS 171 (entered into force 23 March 1976) 119