Rule of Law: India Ranks Higher than China But Behind Nepal | What it Means

'Since 2015, we've seen drops in criminal justice in India, fundamental rights, checks & balances.' What this means.

Explained: The Rule of Law Index

(Photo: Altered by The Quint)

Video Producer: Shohini Bose
Video Editor: Harpal Rawat
Camera: Athar Rather

The 2022 World Justice Project (WJP) Rule of Law Index, released in October 2022, indicates that the 'rule of law' has declined globally for the fifth year in a row. This index covers 140 countries, of which, Denmark ranks the highest. 

(Graphics: The Quint)

Going by broad global statistics, here’s what the index reveals:

• Rule of law performed relatively better in 2022 compared to the extreme decline in 2021 — 'when COVID shutdowns dramatically disrupted justice systems and governments exercised emergency powers'

• However, two-thirds of the countries that recorded a decline in 2021, declined again in 2022.

What Is the Rule of Law?

As per World Justice Project's definition, the rule of law is 'a durable system of laws, institutions, norms and community commitment' that delivers the following universal principles:

1. Accountability (of government as well as private actors under the law)

2. Just law (i.e. law, which is clear, publicised, stable, and applied evenly; and ensures rights)

3. Open Government (i.e. accessible, fair and efficient processes by which the law is adopted, administered, adjudicated, and enforced)

4. Accessible and Impartial Justice (i.e. timely justice delivered by competent, ethical, and independent representatives and neutral parties who are accessible, have adequate resources, and reflect the makeup of the communities they serve)

Rule of Index: Where Neighbours Stand?

Interestingly, India has scored 0.50 and ranked 77, China has scored 0.47
and ranked 95, Pakistan has scored 0.39 and ranked 129. Bangladesh
too has scored 0.39 and ranked 127.

Nepal is the best performing country in the neighbourhood, scoring 0.52 and ranking 69. Myanmar, since the coup, has seen a devastating decline, scoring 0.36 and ranking 132.

Rule of Law Index: Breakup of India’s Performance

As per the WJP's press release: 'India's overall rule of law score decreased by less than 1% in this year's Index. While India's score remains  unchanged from 2021 — 0.50, we had scored 0.51 in 2020.

However, in the press briefing, Ted Piccone, Senior Advisor to WJP, noted:

"Since 2015, we have seen major drops in criminal justice in India." Piccone also added that India has been privy to "big declines in fundamental rights and checks and balances."

And India's performance on individual factors does not look very promising either.

(Graphics: The Quint)

China, which ranks significantly lower than India on the global scale, has performed better than India in terms of:

• Absence of Corruption (0.53)

• Order and Security (0.81)

• Civil Justice (0.51)

• Criminal Justice (0.45)

However, their fundamental rights score is far lower than ours (0.26) and Constraints on Government Powers is also significantly less (0.32). 

But Nepal, another neighbour of ours, is scoring better than us on several key parameters. So India's lawmakers, law-enforcers, and law-keepers have their task cut out!