Rule Of Law In Action – A Comparative Analysis Of India And Denmark

Author: LawSphereX

Category: General Law

Published: 2026-08-23T21:01:40.633Z

Updated: 2026-08-30T07:08:17.862Z

RULE OF LAW IN ACTION – A

COMPARATIVE

ANALYSIS

OF INDIA AND DENMARK Akash Dey, Christ (Deemed to be University)

ABSTRACT

The ‘Rule of law’ is an abstract set of principles that we should not confine to a single definition. Political thinkers and scholars, such as Prof. A. V. Dicey and Sir Tom Bingham, have provided remarkable contributions to define the concept. Still, the space for the Rule of Law in the Constitution has been kept very broad to allow inclusive interpretations. The author of this paper draws a comparative analysis of the rule of law principle, primarily comparing its success rate between two nations, India and Denmark, where Denmark secures the top position in the success rate, and India stands in the 79th position as per the latest World Justice Project report.

Denmark's incorporation of the rule of law has been chosen as a suitable sample for this comparative study to evaluate the similarities, differences, strengths, weaknesses, and capability of handling contemporary issues about social welfare compared to India. It also highlights the differences in interpreting and applying the Rule of Law in Denmark and India. This paper has discussed the historical and cultural impairments of both nations that required them to incorporate the principles of the Rule of law into their ruling structure. Still, the question is to what extent the nations are similar yet different, and the intention is to find the root cause of the distinctions, which places both in various positions.

A thorough comparison of the constitutional provisions reflecting the rule of law has been made to give the readers a fundamental picture of how the rule of law is conducted in these two nations. One of the main objectives of this paper is to create a detailed analysis of the rule of law principle and to picture the separation of powers in both nations, Denmark being a constitutional monarchy and India a constitutional republic. While adopting the doctrinal methodology, the research substantially depends on the Constitutional text of both nations, which forms the primary source. Keywords: Rule of Law, Separation of Power, Social-welfare, Constitutional Republic, Constitutional monarchy

INTRODUCTION

Atifete Jahjaga's quote, 'Democracy must be built through open societies that share information. When there is information, there is enlightenment. When there is debate, there are solutions. There is abuse, corruption, subjugation, and indignation when there is no sharing of power, rule of law, or accountability. 'It succinctly captures the essence of the rule of law. It emphasises the importance of transparency, accountability, and the equal application of laws in a democratic society. 1 The rule of law is often regarded as an eminent component of the very democracy because it is directly linked to democracy, where the laws are made by, of and for the people. The rule of law is a critical principle underpinning liberal democracies globally.

At its essence, the rule of law mandates that all individuals and entities, public or private, are subject to and can benefit from public, future-oriented laws judicially enforced. Rule of Law doctrine must be taken as an umbrella principle through which the other principles of justice and fairness flow. Principles like public accountability and separation of power are some fundamental complimentary parts of the Rule of law that aim at public welfare and assert that individuals and institutions, including the government authorities, are accountable to the same laws and principles. Constitution, the mother law of all laws, is the primary norm which imbibes the qualities of the Rule of Law, thereby discouraging any violation of this text.

This principle vouches for maintaining the social order, protecting civilians' rights, and promoting a just society, which is extremely important for a democratic state. Specifically, the laws must be universally applicable, have unambiguous words, and be open and known by all. Furthermore, the legal needs should be so that the public can obey them and not arbitrarily. 2 To achieve such laws, the mother law must be obeyed loyally; this mother law shall be based on highly valued principles like the ‘Rule of law’. There is a common belief that the law should apply equally to all and that no individual is exempt. Achieving this requires that all individuals have access to legal protections; if any legislation secludes legal protection to an individual despite being granted by the Constitution, then the law itself is considered ‘void ab initio.

’ India has adopted the principle of the rule of Law in its constitution, but the question arises of its success in India compared to other nations. This paper deliberately compares India's success rate with that of 1Atifete Jahjaga, ‘Brainyquotes,’ ‘Last accessed 18 September 2024. ’ 2Purnendu Sekhar Ray, ‘Rule of Law: Indian Scenario’ (2023) E-ISSN: 2582-2160.

Denmark. Denmark is one of the Nordic countries currently securing the top position in their state's success index of the rule of law. This paper's comparative objective is to understand and analyse the gaps in the Indian system that are stopping India from achieving a higher stratum in its rule of law success journey.

RESEARCH

METHODOLOGY

This research paper is based on a doctrinal methodology encompassing library-based research; the research technique is according to the analysis of the obtained contents. Based on the doctrinal method, the two sources of information are Primary and Secondary. The primary data sources used are the Indian and Danish constitutions and several legislations and judicial pronouncements to complete this research's comparative goals. The secondary sources are multiple journals, articles, books, law reports, etc.

LITERATURE REVIEW

1. GETTING TO DENMARK-THE PROCESS OF STATE BUILDING,

ESTABLISHING RULE OF LAW AND FIGHTING CORRUPTION IN DENMARK 1660 – 1900, QoG Working Paper Series, ISSN 1653-8919, By Mette Frisk Jensen. Mette Frisk Jensen has authored this research paper where the author critically analyses the role of Denmark in eradicating corruption. The author thoroughly explains Denmark's long history of bribery between civil servants and their monarchs. The article argues that fighting corruption to consolidate the rule of law has been an integral part of the state-building process in Denmark since the establishment of the absolute monarchy in 1660. This paper significantly contributed to this paper, where specific points from the paper were used to strengthen the discussions in the research paper.

2. INSTITUTIONAL CORRUPTION AND THE RULE OF LAW, Institutional

Corruption, and the Rule of Law, [2014], ISSN 1718-9977 by Paul Gowder The paper aims at defining corruption. The concept of institutional corruption is the core concern of this paper. It distinguishes disloyalty and pollution. Further, the author also delves into the importance of legislation and the accountability of the institutions in suppressing corruption.

3. ROLE

OF DANISH CONSTITUTION IN EUROPEAN AND TRANSNATIONAL GOVERNANCE, Trine Baumbach [2019], DOI:10. 1007/978- 94-6265-273-6_7, 269-313 by Helle Krunke. In this chapter, the author, Helle Krunke, deals with the Danish constitution thoroughly, which has helped this paper. The author clarifies concepts like democracy, the rule of law in Denmark, and constitutional amendments. The author reviews this paper by critically appraising the contributions made and incorporating some Danish constitution and governance knowledge from the same. MAJOR DEFINITIONS Sir Tom Bingham's definition, often regarded as the ‘thick concept’ of the Rule of Law, provides a clear and comprehensive understanding of this principle. His definition, consisting of 8 essential components, is particularly relevant to the Indian and Danish legal systems.

These components, which form the basis for our comparative analysis, provide a robust and universally applicable framework for evaluating the rule of law in any given country.

1. Law must be accessible, transparent, and predictable, as he signifies that the laws

formulated for the public must be free of ambiguity to be transparent and readable by the people. All must access the laws and stay within its constitution's preview.

2. Problems must be resolved by application of law and not by discretion. This puts forth

the notion of the supremacy of the laws, which is firmer and more robust than any discretionary power.

3. Laws must apply equally; Bingham draws a clear picture of the equality principle that

all must establish. He despises any inequality before the law. In a democratic nation, it is believed that laws must be equivalent to those of all.

4. Authorities must not be unreasonable and use power in good faith. The people with

power are subjected to certain boundaries and must never go beyond the limits.

5. Law must protect fundamental human rights; the laws made must not only be free of

ambiguity but are also required to protect people's fundamental human rights.

6. Civil disputes must be resolved without unreasonable. This component resonates with

the infamous Latin maxim of the law abhors delay, which translates to justice delayed is justice denied.

7. Judicative procedure must be fair because the entire justice system is based on fair play,

and the motto of our justice system is to provide honest and fair decisions to the dispute without any unreasonable delay or procedure; otherwise, it will crunch the essence of our justice system.

8. As per the eighth rule, the State must abide by the national and international laws. The

state must have provisions for domesticating the internationally ratified documents and implementing them as per the society's need. This definition is distinct from the ‘thin concept’ of the Rule of Law, which prima facie focuses only on the core components like legality, legal certainty, equality and access to justice and rights. In the ‘thicker concept’ of the Rule of Law, the need for Fundamental Rights is also duly valued. Another prominent scholar who has made a severe contribution to defining the Rule of Law is Professor A. V Dicey, who says that the penalty upon a person must be from any proven transgression of law rather than being determined by the Government. He also says that everybody is subjected to the same law, overlooking any hierarchy, as the law is made equally for all in a democracy. Eventually, Prof.

Dicey propagates the strength of the Judges, who shall have the power to ensure accountability and review the laws. Therefore, it can be well ascertained that it is unjustified to confine a particular definition of the Rule of Law as it is based on an open notion, set of principles, ideas, and rules. The rule of law cannot be known from a single definition but through an interpretation of existing events, laws, and decisions based on fair thoughts. RULE OF LAW IN INDIA The Indian Rule of Law (ROL) concept remains profoundly interwoven with the conceptualisation of fundamental rights. Rather than merely reiterating the liberal or libertarian doctrines of rights as a constraint on state sovereignty and governmental actions, the Indian ROL frameworks also facilitate proactive state engagement.

Consequently, for instance, the following declarations of constitutional rights explicitly endorse legislative and policy measures that are evidently in conflict with specific liberal interpretations of rights. The constitution of India has granted to the citizens several rights: Constitutional rights and Fundamental rights; these rights have the essence of the Rule of law in them: Article 17 prohibits social practices of discrimination based on the principle of "untouchability. " The rule of law is in contrast with the Indian prolonged peril of Dalit oppression. It abolishes the word ‘Dalit’ as discriminatory and replaces it with schedule caste or economically weaker section (EWS).

Articles 23-24, which enshrine "rights against exploitation," abolish the practices of agricultural serfdom (including bonded and other forms of unfree Labour) and related historical practices of violent social exclusion. Violence against humans and slavery is against the free nature of a democracy, and this is vocally refused by the Rule of Law in India. Articles 14-15 empower the state, under the guise of fundamental rights, to combat pernicious forms of patriarchy. Articles 25-26 delineate Indian constitutional secularism in a manner that enables the state to robustly address human rights violations perpetrated by the predominant "Hindu" religious tradition. Articles 27-30 offer a comprehensive array of protections for the rights of religious, cultural, and linguistic minorities so that all are represented and visible in society.

Individuals can follow their traditions, religions, practices, and customs as their ancestors did. This promoted the concept of secularism in the nation. The Indian ROL is thus normatively articulated as a mechanism to combat State oppression and infringement upon civil society norms and practices and as an instrument that empowers a comprehensive framework of "progressive" state intervention within civil society. In this regard, it engages in a dual process of disempowering and re-empowering the Indian State, thereby complicating governance, political dynamics, and constitutional evolution. From the perspective of social psychology of the past, the Constitution thereby instigates "cognitive dissonance," which inevitably characterises its rather bifurcated development trajectory.

3 RULE OF LAW IN DENMARK The constitutional framework of Denmark distinctly aligns itself with the classification of evolutionary developments within the realm of political governance and legal structure. The inaugural Constitution, promulgated in 1849, found its foundational principles significantly shaped by the Enlightenment era's intellectual movements and the profound philosophical contributions of eminent thinkers from France, such as Montesquieu. Consequently, the predominant focus during this transformative period was centred around the pivotal concepts of the separation of powers along with the inalienable rights of human beings. Nevertheless, it is imperative to note that the nature of the revolution experienced in Denmark can be characterised as a remarkably ‘peaceful’ transition.

The Danish monarch deliberately decided to voluntarily relinquish authority and power to the people, thereby facilitating a fundamental transformation in the state’s governance structure, which evolved from an absolute monarchy into the more progressive framework of a constitutional monarchy. 4 Human rights regulation is enshrined within Chapters 7 and 8 of the Danish Constitution. The Constitution safeguards traditional political liberties. Some of the crucial rights guaranteed by the Danish Constitution, which reflects the theory of the Rule of Law, are elaborated below: Including freedom of expression (Article 77): Any individual shall be free to disseminate his thoughts through printed materials, written documents, and spoken discourse, provided he is held accountable in a judicial setting. Censorship and other preemptive measures shall not be reinstated in the future.

Freedom of association (Article 78): (1) Citizens shall be free to establish associations for any lawful purpose without prior authorisation. (2) Associations that utilise violence or seek to achieve their objectives through violent means, incitement to violence, or similar punishable influences on individuals with differing perspectives shall be subject to dissolution by judicial decree. (3) Any governmental action shall dissolve no association; however, an association may 3 Professor Upendra Baxi, ‘Sur. Revista International de Direitos Humanos’, 64452007000100002 >, ‘Last accessed 25 September 2024’.

4 Helle Krunke, ‘Role of Danish Constitution in European and Transnational Governance’, ‘Trine

Baumbach’,(Published May 2019) DOI:10. 1007/978-94-6265-273-6_7, 269-313. be temporarily prohibited, provided immediate legal proceedings for its dissolution are initiated. (4) Matters about the dissolution of political associations may be presented before the Supreme Court of Justice of the Realm without special consent. (5) The legal implications of such dissolution shall be delineated by legislative statute. Freedom of assembly (Article 79) Citizens shall possess the right to assemble unarmed without prior authorisation. The police shall have the authority to attend public gatherings. However, outdoor assemblies may be restricted if there is a concern that they may threaten public order. Moreover, it guarantees fundamental rights such as the right to property (Article 73) (1) The property right shall remain inviolable.

No individual shall be compelled to relinquish his property unless necessitated by public interest. Such action shall be executed solely by statutory provisions and accompanied by total compensation. (2) In instances where a Bill concerning the expropriation of property has been enacted, one-third of the members of the Folketing may, within three weekdays following the final enactment of such Bill, petition that it not be submitted for Royal Assent until subsequent elections to the Folketing have transpired. The Bill has been re-passed by the convened Folketing after that. (3) Any inquiries about the legality of an act of appropriation and the determination of compensation amounts may be submitted to the judiciary. The adjudication of matters concerning the amount of compensation may, by legislative authority, be assigned to courts established explicitly for such purposes.

The right to personal liberty (Article 71), 1) Personal liberty is to be upheld without exception; no Danish individual shall lose their liberty due to political, religious, or descent-related reasons. 2) Deprivation of liberty is permissible only under legal grounds. 3) Individuals in custody must be presented before a judge within twenty-four hours. If not released, the judge must determine their status within three days, including bail conditions if applicable, with provisions for local statutes in Greenland. 4) The judge's decision can be appealed to a higher court by the individual affected. 5) No individual may be held in custody for offences punishable solely by fines or minor imprisonment. 6) The legality of non-judicial deprivation of liberty, unless legislated for aliens, may be challenged in ordinary courts upon request.

7) Individuals mentioned in subsection six will be monitored by a board established by the Folketing, to which they may apply.

The right to privacy (Article 72): The dwelling shall be inviolable. House search, seizure, and examination of letters and other papers, or any breach of the secrecy observed in postal, telegraph, and telephone matters, shall not take place except under a judicial order unless a particular exception is warranted by statute. Additionally, the Constitution protects specific social rights (Articles 75 – Responsibility of the dependent populations and 76 Right to elementary education). As an abstract norm, the principle of equality is not explicitly enshrined within the Constitution. Nonetheless, safeguarding equality is manifested in several specific constitutional provisions; for example, Article 70 protects against discrimination predicated on religion or origin in the context of civil and political rights.

5 SOCIAL BENEFIT POLICIES UNDER THE RULE OF LAW Recently, the statue of Lady Justice of the Supreme Court of India has been replaced. In contrast, the latest statue holds the Indian constitution, symbolising the supremacy of the constitution, and the scales symbolise that the court continues to weigh evidence impartially. She no longer blindfolds, meaning that “law is not blind; it sees everyone equally. ” The rule of law has brought about many legal changes, precisely tracing the social protection of certain classes; the effect has been tremendous in India and Denmark over the years. Focusing on policy changes, this doctrine has led to a drastic societal shift by dismantling the societal evils that once ruled over society.

There has been an evolution in the policies and their nature post-adoption of the doctrine in the nations, leading the nations to adopt a more growthcentric approach to the welfare and developmental aspects. For say, in India, the social evil of casteism, which existed since the pre-British era, had a long-term effect on the society. Later, Article 17 of the Constitution of India abolished the practice of untouchability, which was a great initiative in removing the “Achyut” system immorally embedded in Indian practices. With this, the government came up with the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, which is an abolition of the Dalit system; the word Dalit was sensed as offensive and declared to be unconstitutional. It was replaced with the word ‘schedule caste’ to more formally address the same, which provided some relief to the weaker sections of the

5 The Constitutional Act of Denmark,1953, A.70.

society. In elaboration on this, articles 14,15,16 and 18 highlight the Right to equality in detail, which lends a helping hand to the weaker sections. 6 Apart from the various constitutional initiatives, the government has started to provide certain benefits to the citizens through social benefit policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), guaranteeing 100 days wage employment to unskilled manual workers, The Prime Minister Employment Generation Programme (PMEGP), under this scheme business practices are encouraged through financial incentivising the startups, to promote social securities, schemes like the National pension scheme (NPS) to ensure a protected life postretirement of an employee, Employee’s State Insurance Scheme (ESIS) aims at the welfare of the workers through financial assistance.

India is a land of patriarchy, where female foeticide once had a significant impact on a balanced sex ratio. Still, with education and democratic principles governed under the shadow of the Rule of law umbrella, today, the government has also taken certain women empowerment initiatives to encourage them and help them to come up in society without fear. Some such policies include the Beti Bachao Beti Padhao campaign, which aimed at a gender-neutral educational system in India, and Mahila E- Haat, which is typically an online business platform for women business entrepreneurs to showcase their talents and generate their own money. To promote social equality, the Pradhan Mantri Scholarship Scheme has been made to provide scholarships for students from the weaker strata in higher education, the economically weaker sections or EWS.

Therefore, these schemes have been made to bring a revolution in society and promote the welfare of all. The approach in Denmark is very comprehensive and focuses on providing social benefits to the citizens by promoting the welfare of the Danish populace. Denmark progressively protects marginalised people through protective measures. For instance, the Danish people can apply for social assistance if they have experienced any change in their social conditions due to uninvited circumstances like unemployment, illness, or divorce, which causes them to no longer be able to support themselves and their families. 7 The government has implemented social assistance programs, active labour market policies, housing assistance, pension schemes, parental and child benefits, and social security benefits.

Per the matrix, the government has a more significant expenditure in providing gross cash benefits for old age support, followed by 6 Nitheesh Kumaar M, ‘Caste system in India’, ‘Vikaspedia’, (14 September 2022), , ‘accessed 14 November 2024’. 7 Social protection expenditure, ‘Accessed 16 November 2024’. disability, family, and children. The total social expenditure has developed in Denmark in the past 10 years. ‘Total social expenditure’ covers benefits in cash and kind and administration costs. 8 In this aspect, a similarity can be observed between the states: each has adopted similar social protection programs and schemes for securing the Rule of Law in their systems. There might be some reasonable differences in the policies, which can be resonated with the motion of societal needs.

It should not be ignored that the states had different backgrounds, and their societies differed in culture, economy, and traditions. Therefore, having the rule of law in common, the states have formed different but familiar benefit programmes. CORRUPTION AND RULE OF LAW When we talk about corruption, “institutional corruption” is the kind of corruption that is a property not of individuals but of political, economic, or social organisations. A legislature like the U. S. Congress, for example, might be said to be institutionally corrupt by the relationship between campaign finance and the ability to get elected, and this might be true independent of whether we can say that any individual member of or candidate for Congress is corrupt.

9 Institutional corruptions are technically the corruptions that occur within institutions and organisations when they operate in a way that deviates them from public trust and is often motivated by personal gains. The core impact of corruption is a significant erosion of public trust because the institution fails to be transparent, responsible, and trustworthy. Greed instils corruption and ultimately dismantles the Rule of Law of a system. Various anti-corruption mechanisms and practices were adopted in Denmark between 1600 and

1900. They focused on elements like the Rule of Law to create a bond of loyalty between the

civil servants and the king. Majorly, at the end of the 17th century, with various legislative reforms, Denmark tried to reduce criminal activities among the royal servants. It imposed a heavy duty on the servants to refrain from such activities and imposed punishments, including life imprisonment for crimes like corruption. By 1840, the Danish legal system introduced new legislation on misconduct in offices, which gave no incentives to civil servants to indulge in corrupt practices, no matter if the official had stolen a small or large amount from public funds. 8 Social protection expenditure, ‘Accessed 16 November 2024’.

9 Paul Gowder,’ Institutional Corruption and the Rule of Law,’ (2014) ISSN 1718-9977.

The complex legal and administrative reforms, passed mainly between 1840 and 1866, had brought the administration of Denmark to a more Weberian structure, and played a crucial role in how the level of corruption declined significantly around the middle of the 19th century. 10 Observing the current scenario in Denmark, it is a signatory to several international anticorruption agreements, including the UN Convention against Corruption, the OECD Antibribery Convention, and the Council of Europe Criminal Law Convention on Corruption. It is a signatory of all these agreements and mandates Denmark to frame its domestic legislation per international standards. With this eloquent history of actively combating corruption, Denmark has secured the topmost position in the list of least corrupted nations among the 180 countries evaluated by Transparency International.

As of 2023, Denmark has a Corruption Perceptions Index (CPI) score of 90 out of 100. Regarding the corruption scenario in India, it has a Corruption Perceptions Index (CPI) score of 39/100 in public sector institutions. Consequently, India ranks 93rd out of 180 countries assessed by Transparency International. The index itself adequately clarifies the distinction that exists between the samples. Corruption can be viewed from two eyes: mediumscale and micro-scale corruption; when a company takes a large loan from the bank but does not repay it, it is also considered medium-scale corruption. For example – 1) India's 2G spectrum case.

When private officials of India's United Progressive Alliance and politicians of the coalition government facilitated the sale or allocation of the 122’s 2G spectrum licenses to a particular telecom company, this resulted in a loss of ₹1,760 billion (US$25 billion) to our country (India). 11 2) United Spirit, the owner of Kingfisher, whose chairman is Vijay Mallya, borrowed ₹9,000 crore from 17 Indian banks and left India on March 9, 2016, without repaying it. 123) The ₹10,000 crore Punjab National Bank scam in which the main accused were Jeweller and Designer Nirav Modi, his uncle Mehul Choksi and other relatives and some Punjab National Bank (PNB) employees. Days before the scandal broke, Nirav Modi and his relatives fled from India in early 2018. The PNB scam has been called the biggest fraud in Indian banking history.

13 Micro-scale corruption takes place through acts like bribery to get 10 Mette Frisk Jensen, ‘Getting to Denmark-The process of state building, establishing the rule of law and fighting corruption in Denmark 1660 – 1900’, ‘QoG Working Paper Series’, (June 2014), ISSN 1653-8919.

11 Khuloos Aziz Chawla, ‘2G Spectrum Case Analysis by IRAC Method’, ‘Indian Journal of Law and Legal

Research’ (October 2021), ISSN: 2582-8878.

12 Aron Almeida,’ Vijay Mallya Scam Demystified, Vijay Mallya Case Study’,’ ‘Trade Brains’

’ accessed on 15 November 2024’. 13 Dr Sushil Pande1 & Mr Ved Prakash, ‘Case Study on Scam in the Indian banking industry (Nirav Modi)’, ‘Pramana Research Journal’, (Volume 9, Issue 6, 2019), ISSN NO: 2249-2976. government and non-government jobs, even buying people to vote the M. P and M. L. A in elections or taking admissions into schools and universities of unmeritorious students at the cost of meritious students on the amount of money they can offer. Hence, despite various legislations in India where public servants in India can be penalised for corruption under the Benami Transactions (Prohibition) Act, 1988, The Prevention of Corruption Act, 1988, Prevention of Money Laundering Act, 2002, The Right to Information Act 2005 the implementation is not very stringent as compared to Denmark.

GOVERNANCE AND ACCOUNTABILITY Institutional accountability of the rulers to its citizens is very influential in promoting the public trust doctrine, which flows under the Rule of law. To begin with this discussion, the public trust doctrine is considered a part of the rule of law because it portrays the government institutions as trustees of the people while working on behalf of the citizens (beneficiaries), ultimately underpinning the rule of law concept. The public resources and the public interest are the paramount interests, where the public relies upon the institutions for their interest and protection, and the institutions are expected to guard the same. Government accountability is an instrument that puts a bracket on them and abstains from overpowering such institutions.

A suitable illustrative case of this would be the Common Cause (Petrol pump’s matter) versus the Union of India (1996)14, where the Supreme Court of India upheld the importance of transparency and fairness in government actions, especially involving public resources, it allotted exemplary damages for ‘Public breach of trust’. Public trust and government accountability go hand in hand. In Denmark, this doctrine is seen through parliamentary oversights, independent institutions, access to information, political accountability, freedom of media, and civil society in expressing their opinions. The Danish parliament is called ‘Folketinget. ’ It is the legislative assembly in Denmark. The Danish parliament's four significant tasks and responsibilities are to pass bills, exercise control over the government, adopt the state budget, and participate in international cooperation.

15 It also has 38 committees that keep a check on the bills and the laws, ensuring the accountability of the elected representatives. A minister is always accountable for how the minister and the ministry employ their power. The minister ensures that everything within the ministry's

14 AIR [1997], Supreme Court [1886].

15 An official website of the European Union,5. Participation, 5. 1 General context (2024) ‘accessed on 14 November 2024’. jurisdiction does not break any laws. This political accountability is described in the Constitutional Act, while legal accountability is described in the Ministerial Accountability Act. 16 Provisions for a vote of no confidence are provided in the Danish parliamentary system, which is quite like India. Danish system has inculcated a separate office called Rigsrevisionen, a National Audit Office, an independent institution under parliament that determines the correctness of public financial accounts. Simultaneously, this body examines whether government-funded agencies and enterprises comply with contemporary laws and regulations, called compliance and performance audits.

17 The ombudsman’s institution is one such monitoring body which monitors the activities taking place in the public administration in Denmark; the primary motive is to monitor whether the citizens are deprived of their liberty or otherwise put in some vulnerable situation to secure their rights of these citizens. Acts like the Public Administration Files Act of 1985 facilitate more accessible access to government documents. 18 Danish judicial system is composed of the Supreme Court and two high courts, the Maritime and Commercial Court, the Land Registration Court, 24 district courts, the Appeals Permission Board, the Special Court of Indictment and Revision, the Danish Judicial Appointments Council, and the Danish Court Administration.

Among other powers, the focal power to be expressed is the power to check executive actions; the court has been given the liberty to rule on the executive branch's decisions. 19 Denmark's constitution guarantees freedom of expression, which is widely respected. The media power is humongous in the state, where the media plays a crucial role in uncovering political abuse scandals involving suspected fraud. This makes media a pillar that upholds the rule of law in the state. Danish media also investigates matters that lead to accountability measures for the misconduct of public officials. 20 Police play a pivotal role in providing security and maintenance of the Rule of Law, for which they are nearly given a monopoly to use force at times.

However, these powers may violate the fundamental human rights of ordinary people, resulting in misuse in the form of custodial death, extrajudicial killings, and police brutality. So, to hold the police accountable for their actions against society and the public, they hold police responsible in all stages of

16 Denmark.dk, Government and politics, ’accessed on 14

November 2024’. 17 An official website of the European Union,5. Participation, 5.1 General context (2024) ’ accessed on 14 November 2024’.

18 Sustainable Governance Indicators, 8. 8 Executive Accountability, Accountability >’accessed on 14 November 2024’. 19 An official website of the European Union,5. Participation, 5. 1 General context (2024) ’ accessed on 14 November 2024’. 20 Gan integrity, Denmark country risk report, ’accessed on 14 November 2024’. operations, both before, during and after police operations. For this purpose, an Independent Police Complaints Authority has been established to handle complaints against police officers. 21 In the Indian counterpart, the government has incorporated measures to ensure accountability at all varied levels. The initiative is taken through the constitutional framework, the independent institutions, the legislative oversights, Rights to the citizens, Mechanisms for grievance redressals, the anti-corruption framework and even the mechanism of electronic governance.

The constitution of India is a very elaborate text that unambiguously and vividly structures the government framework. The establishment of separation of Powers among each wing ensures that each holds the other ‘Accountable’ for their actions, which is not in alignment with the constitutional norms. The principle of Checks and balances is the key feature of the separation of power in India, where various institutions like the Comptroller and Auditor General and Election Commission function independently of any influential control. In the case of Indira Gandhi versus Raj Narain (1975)22, the court observed that the separation of power is the basic structure of the republic of the Indian constitution, where none of the organs shall take over the power of the other.

But in the case of Rai Sahib Ram Jawaya Kapur versus the State of Punjab (1955)23, the court had a slightly different view that even though there is the separation of power between the three organs ensuring smooth conduct and prohibiting one from breaching the territory of the other, occasionally there can be healthy encroachments. Therefore, it can be said that separation of power is an outcome of the Rule of Law because separation of power ensures the prevention of any institutional arbitrariness and promotes accountability, which is the core component of the Rule of Law.

Indian constitution gave birth to independent bodies like the (CAG) which is the Comptroller and Auditor General, which is the supreme audit institution of India24 and even the Central Information Commission (CIC), formed under the Right to Information Act of 2005,25 whose goal is to ensure the accountability of government agencies and promote transparency and fairness by addressing individual issues. In the parliament, both houses actively participate in the parliamentary discussions; the opposition body plays a vital role in questioning the ministers and holding them accountable

21 Report.

22 AIR [1975] SC 2299, [1976].

23 AIR [1955] SC 549, [1955], PUN LR 444.

24 Comptroller and Auditor General of India, Supreme Audit Institution of India ’ accessed on 14 November 2024’. 25 Central Information Commission, Government of India (2005), ’ accessed on 14 November 2024’. for their actions. The Indian judiciary is equipped with the power to question executive actions to ensure public accountability. The doctrine of judicial activism governs the legislativejudiciary relationship. Indian legislative framework has drawn columns for anti-corruption legislation as discussed earlier: the Benami Transactions (Prohibition) Act, 1988; the Prevention of Corruption Act, 1988; Prevention of Money Laundering Act, 2002; the Right to Information Act, 2005.

In the Internet age, the government has adopted complex electronic governance initiatives like the Digital India initiative to ensure e-governance, which enhances transparency and makes institutional documents available digitally and indiscriminately. Therefore, like Denmark, India's journey to ensure government accountability is laudable.

ANALYSIS

According to the World Justice Project, the ranking of the Rule of Law in India compared to Denmark is lower. This project provides an internationally accepted data index that is purely judged on the parameter of adherence to the rule of law. The survey reveals that India holds only the 79th position (42 out of 142 countries surveyed) in the success in the score chart, and Denmark holds the 1st position (1 out of 142 countries surveyed). 26 As far as the constitutional adoption of the rule of law in both democracies is concerned, both have identical provisions that are either expressed or not but imbibe the core principles of the rule of law. However, the question arises: even though India and Denmark have constitutional democracy, legal plurality, and obedience to the rule of law, why does India still lag behind the index? And Denmark rejoices in the top position.

Through a thorough analysis of both the Constitution, it can be ascertained that The Indian Constitution, with its broad framework, captures the country's diverse and complex sociopolitical situation. It is a thorough text covering many themes, including federalism, fundamental rights, and the separation of powers, all intended to help run a vast and complicated democracy. The emphasis on preserving individual rights, ensuring federal balance, and providing broad governance instruments demonstrates its role in monitoring one of the world's largest democracies. In contrast, while more compact, the Danish Constitution captures the critical notions of parliamentary democracy while emphasising simplicity and efficiency. It emphasises the 26 World Justice Project, ‘accessed on 10 September 2024’.

monarchy's role within a constitutional framework, the importance of democratic governance, and the protection of fundamental rights, albeit less explicitly than its Indian counterpart. The Danish constitution promotes openness and accountability. 27 The historical differences and cultural variations between both nations have played a crucial role in shaping the constitution and its successful journey in achieving a society maintained through the rule of law. A significant observation is the implementation of constitutional norms of the rule of law and fighting off social perils like Corruption, interstate political clashes, adoption and enforcement of international documents, and prevention of discrimination. Comparatively, Denmark has taken a significant lesson from its experiences and has worked on eradicating Corruption, poverty, development, and other aspects of a welfare state.

For instance, with the unfortunate experiences of prolonged corrupted administrators, the Danish legal system grew rigid against any corruption activities carried out by the officials; between 1819 and 1830, further inspections by central administration delegates strengthened supervision over civil officials' accounts and administrative practices. By 1841, a new accounting procedure had been instituted, along with systematic and more efficient audits, and civil servants' private and public accounts were formalised. A new penal code, 1840, refreshed and updated the criminal statutes of misconduct and corruption, helping to define acceptable and legal behaviour in an office. Around 1850, civil servants' incomes improved, and their earnings were sufficiently good that corruption was less possible. 28

CONCLUSION

Therefore, it can be concluded that both nations, having their distinctive characteristics, have adopted the Rule of law as per the needs of the Nation, which was either influenced by their cultural institutions or their political institutions, which led them to come up with the principle moulded as per their needs. The principle is observed to have the same impact in both the constitutions of India and Denmark. However, the difference arises in pursuing this doctrine regarding how religiously the individuals and institutions believe in and follow it.

In India, we can see how the judiciary has tried to incorporate the rule of law in their judgements, and the legislature itself must ensure that no legislation shall be assented to which it has not qualified 27 Anshul Shah, ‘Comparison of Indian Constitution and Danish Constitution’, ‘Srisiim Research Foundation’ ‘Last accessed 26 September 2024’. 28 Mette Frisk Jensen, ‘Getting to Denmark - The process of state building, establishing rule of law and fighting corruption in Denmark 1660 – 1900’, ‘QoG Working Paper Series’, (June 2014) ISSN 1653-8919, ‘Last accessed 27, September 2024’. the test of the rule of law. Keshavananda Bharti vs State of Kerala29 This is one such case where the essence of the rule of law can be traced; the Supreme Court of India ruled that the parliament has no absolute right to destroy the basic structure of the constitution.

Even if the constitution is being amended, the fundamental framework, which includes the principles of democracy, secularism, and the rule of law, shall never be destroyed by such an amendment act. On the other hand, Denmark has also incorporated the rule of law into its constitution. This paper begins by explaining why Denmark is in the top position. In contrast, India is in the 79th, and despite both having to incorporate the same principles, Denmark, being a constitutional monarch, has faced long-term corruption issues in their state, which has helped them a lot to achieve the position where it stands to be the state with the least corruption rate. The difference in position between these nations can hugely depend on their internal political structures and efforts to implement the laws by respective governments.

Whereas in India, the political clashes in the multiparty system have made the system more complex, where the primary focus is to retain political power and dominance rather than focusing only on the welfare of the people. The corruption rate is comparatively higher than in Denmark because corruption is also done at the micro-levels in India. Anti-corruption legislation has been formulated, but the obedience and loyalty of individuals and institutions are still in question. There are ample reasons cited in the paper which deal with the similarities and differences between the nations and the areas where India needs to fill up to climb up the ranking. Hence, with the right political strategies, it will not take a long time to achieve the goals.

29 AIR [1973], SC 1461, SCC

225 REFERENCES

1. Brsinyquotes,’ Atifete Jahjaga's

.

2 Purnendu Sekhar Ray, ‘Rule of Law

Indian Scenario’ (2023) E-ISSN: 2582-2160.

3. Professor Upendra Baxi, ‘Sur. Revista International de Direitos Humanos’,

.

4. Helle Krunke, ‘Role of Danish Constitution in European and Transnational

Governance’, ‘Trine Baumbach’,(Published May 2019) DOI:10.1007/978-94-6265- 273-6_7, 269-313.

5. The Constitutional Act of Denmark,1953, A.70.

6. Nitheesh Kumaar M, ‘Caste system in India’, ‘Vikaspedia’, (14 September 2022), https://vikaspedia.in/social-welfare/social-awareness/caste-system-in-india >.

7. Social protection expenditure, European Commission>.

8. Paul Gowder,’ Institutional Corruption and the Rule of Law,’ (2014) ISSN 1718-9977.

9. Mette Frisk Jensen, ‘Getting to Denmark-The process of state building, establishing the

rule of law and fighting corruption in Denmark 1660 – 1900’, ‘QoG Working Paper Series’, (June 2014), ISSN 1653-8919.

10. Khuloos Aziz Chawla, ‘2G Spectrum Case Analysis by IRAC Method’, ‘Indian Journal

of Law and Legal Research’ (October 2021), ISSN: 2582-8878.

11. Aron Almeida,’ Vijay Mallya Scam Demystified, Vijay Mallya Case Study’,’ ‘Trade

Brains’ .

12. Dr Sushil Pande1 & Mr Ved Prakash, ‘Case Study on Scam in the Indian banking

industry (Nirav Modi)’, ‘Pramana Research Journal’, (Volume 9, Issue 6, 2019), ISSN NO: 2249-2976.

13. Common Cause (Petrol pump’s matter) versus the Union of India (1996), AIR [1997],

Supreme Court [1886].

14. An official website of the European Union,5. Participation, 5.1 General context

(2024) .

15. Denmark.dk, Government and politics, ’.

16. Sustainable Governance Indicators, 8.8 Executive Accountability, Denmark | Executive Accountability >’.

17. An official website of the European Union,5. Participation, 5.1 General context

(2024) ’.

18. Gan integrity, Denmark country risk report, Integrity >’.

19. Indira Gandhi versus Raj Narain (1975), AIR [1975], SC 2299, [1976].

20. Rai Sahib Ram Jawaya Kapur versus the State of Punjab, (1955), AIR [1955], SC 549,

[1955], PUN LR 444.

21. Comptroller and Auditor General of India, Supreme Audit Institution of India Comptroller and Auditor General of India >’.

22. Central Information Commission, Government of India (2005), Information Commission Central Information Commission >’.

23. World

Justice Project, .

24. Anshul Shah, ‘Comparison of Indian Constitution and Danish Constitution’, ‘Srisiim

Research Foundation’ .

25. Keshavananda Bharti versus State of Kerala, AIR [1973], SC 1461, SCC 225.