Short Note On Rule of Law

The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this
term is often used by the Indian judiciary in their judgments. Rule of law has
been declared by the Supreme Court as one of the basic features of the
Constitution so it cannot be amended even by the constitutional amendment.
Rule of law is seen as an integral part of good governance.[1]
As per rule of law, it is required that the people should be governed by the
accepted rules rather than the decisions that are arbitrarily taken by the rulers.
For this, it is essential to keep in mind that the rules that are made should be
general and abstract, known and certain and it should apply equally to all
individuals. Legal limitation on government is the essential attribute of
constitutionalism. Rulers are not above law under the concept of
constitutionalism, government power is divided with laws enacted by one body
and administered by another and for that an independent judiciary exists to
ensure laws.[2]
The derivation of the phrase ‘ Rule of Law’ is from the French phrase ‘la
principe de legalite’ which implies principle of legality. By this phrase it refers
to a government based on principles of law and not of men. One of the basic
principles of Constitution is rule of law and this concept is up to standard in
both India and America Constitution.
The doctrine of rule of law is the entire basis of Administrative law. As

discussed by Aristotle, the concept of rule of law is grounded in the ideas of
justice, fairness and inclusiveness. Today, an intricate chain of fundamental
ideas is incorporated in rule of law which further encompasses equality before
law, equal treatment before the law for government, independence of
judiciary, consistency, transparency and accountability in administrative
law.[3]
Meaning of Rule of Law

To simply understand the meaning of rule of law, it means that no man is
above law and also that every person is subject to the jurisdiction of ordinary
courts of law irrespective of their position and rank.
The term ‘rule of law’ is originated from England and India has taken this
concept. The concept of rule of law further requires that no person should be
subjected to harsh or arbitrary treatment. The word ‘law’ in rule of law means
that whether he is a man or a society, he must not be governed by a man or
ruler but by law. In other words, as per Article 13 of the Indian Constitution
rule of law means law of land.
According to Black’s Law Dictionary: “Rule of Law” means legal principles of

day to day application, approved by the governing bodies or authorities and
expressed in the form of logical proposition.
According to Oxford Advance Learner’s Dictionary: “Rule of Law” means the

situation in which all the citizens as well as the state are ruled by the law.
Postulates of Rule of Law

In 1885, Professor A.V Diceydeveloped this concept of Coke and propounded
three principles or postulates of the rule of law in his classic book ‘Law and the
Constitution.’ According to Professor A.V Dicey, for achieving supremacy of law
three principles of postulates must be followed which are as follows:
·Supremacy of law,
·Equality before law and
·Predominance of Legal Spirit
1. Supremacy of law
As per the first postulate, rule of law refers to the lacking of arbitrariness or
wide discretionary power. In order to understand it simply, every man should
be governed by law.
According to Dicey, English men were ruled by the law and the law alone and
also where there is room for arbitrarinessand that in a republic no less than
under a monarchy discretionary authority on the part of the Government must
mean insecurity for legal freedom on the part of its subjects. There must be
absence of wide discretionary powers on the rulers so that they cannot make
their own laws but must be governed according to the established laws.
2. Equality before law

According to the second principle of Dicey, equality before law and equal
subjection of all classes to the ordinary law of land to be administered by the
ordinary law courts and this principle emphasizes everyone which included
government as well irrespective of their position or rank. But such element is
going through the phase of criticisms and is misguided. As stated by Dicey,
there must be equality before law or equal subjection of all classes to the
ordinary law of land. French legal system of Droit Administrative was also
criticized by him as there were separate tribunals for deciding the cases of
state officials and citizens separately.
3. Predominance of Legal Spirit

According to the third principle of Dicey, general principles of the Indian
Constitution are the result of the decisions of the Indian judiciary which
determine to file rights of private persons in particular cases. According to him,
citizens are being guaranteed the certain rights such as right to personal liberty
and freedom from arrest by many constitutions of the states (countries). Only
when such rights are properly enforceable in the courts of law, those rights can
be made available to the citizens. Rule of law as established by Dicey requires
that every action of the administration must be backed and done in
accordance with law. In modern age, the concept of rule of law oppose the
practice of conferring discretionary powers upon the government and also
ensures that every man is bound by the ordinary laws of the land as well as
signifies no deprivation of his rights and liberties by an administrative
action.[4]
Rule of Law Under Indian Constitution

In order to develop Indian democracy, rule of law has played a great role. At
the time of framing of Constitution, the framers had two options i.e. USA and
England. Some of the provisions were adopted from USA and some of them
were adopted from England. Rule of law was adopted from England by our
constitutional fathers and many provisions were incorporated in the Indian
Constitution. Indian Constitution is considered to be supreme and no one is
above Indian Constitution. Rule of law is also given impliedly in the preamble
and such concept is enshrined in Part III of the Indian Constitution.
In case of violation of such rights, one can approach Supreme Court or High
Court under Article 32 and 226 of the Indian Constitution. The Constitution of
India is enriched with the principles of law i.e. justice, equality and liberty. Any
law made by the Central government or State government must be complied
in accordance with the Constitution of India. If any law made by the legislature
contravenes with the provisions of the Constitution then such law will be
declared void.
Concept of Rule of Law
The originator of the concept of rule of law was Sir Edward Coke the Chief
Justice in James I Reign.
The concept of rule of law is of old origin. Greek philosophers such as Plato and
Aristotle discussed the concept of rule of law around 350 BC. Plato wrote
“Where the law is subject to some other authority and has none of its own, the
collapse of the state, in my view, is not far off; but if law is the master of the
government and the government is its slave, then the situation is full of
promise and men enjoy all the blessings that the gods shower on a state”.
Aristotle wrote “law should govern and those who are in power should be
servant of the laws.”
Under Article 32 of the Indian Constitution, the Supreme Court has the power
to issue writs in the nature of Habeas Corpus, mandamus, prohibition, quo
warranto, and certiorari. The power of judicial review is also given to Supreme
Court in order to prevent any ultra vires law so as to preserve ‘Rule of law’.

Short Note On Rule of Law

Uploaded by

Copyright:

Available Formats

Short Note On Rule of Law

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Short Note On Rule of Law

Uploaded by

Copyright:

Available Formats

The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this

The doctrine of rule of law is the entire basis of Administrative law. As

Meaning of Rule of Law

According to Black’s Law Dictionary: “Rule of Law” means legal principles of

According to Oxford Advance Learner’s Dictionary: “Rule of Law” means the

Postulates of Rule of Law

2. Equality before law

3. Predominance of Legal Spirit

Rule of Law Under Indian Constitution

You might also like