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Origin of Rule of Law
• The origins of the Rule of Law theory can be traced back to the Ancient
Romans during the formation of the first republic; it has since been
championed by several medieval thinkers in Europe such as Hobbs, Locke
and Rousseau through the social contract theory.
• Indian philosophers such as Chanakya have also espoused the rule of law
theory in their own way, by maintain that the King should be governed by
the word of law. The concept of Rule of Law is that the state is governed,
not by the ruler or the nominated representatives of the people but by the
law.
• The expression 'Rule of Law' has been derived from the French phrase 'la
principle de legalite', i.e. a Government based on the principles of law.
Definition of Rule of Law
• According to Edward Coke , “Rule of Law
means:
A) Absence of arbitrary power on the part of the
Government.
B) No man is punishable or can be made to
suffer in body or good except for a distinct
breach of law established in the ordinary
legal manner before the ordinary courts of
the land.
Definition of Rule of Law (Contd.)
• As per Prof. A.V.Dicey, “the rule of law means the
absolute supremacy or predominance of the
regular law as opposed to the influence of
arbitrary power and excludes the existence of
arbitrariness or even of wide discretionary
authority on the part of the government.” (The
Law of the Constitution)
• Dicey regarded rule of law as the bedrock of the
British Legal System: ‘this doctrine is accepted in
the constitutions of U.S.A. and India.
Dicey’s Rule of Law
According to Prof. Dicey, rules of law contains three principles or it has
three meanings as stated below:
1. Supremacy of Law : The First meaning of the Rule of Law is that
'no man is punishable or can lawfully be made to suffer in body or
goods except for a distinct breach of law established in the
ordinary legal manner before the ordinary courts of the land
2. Equality before Law : the Second meaning of the Rule of Law is no
man is above law
3. Predominance of Legal Spirit or the Third meaning of the Rule of
Law is the general principles of the constitution are the result of
juridical decisions determining file rights of private persons in
particular cases brought before the Court.
Dicey’s Rule of Law
• The Rule of Law, in its most basic form, is the
principle that no one is above the law. The
rule follows logically from the idea that truth,
and therefore law, is based upon fundamental
principles which can be discovered, but which
cannot be created through an act of will.
Critical Analysis of Dicey’s Rule of Law
Dicey’s concept of Rule of Law had its advantages
and disadvantages which are discussed as follows:
• Rule of Law imposed and helped in imbibing a sense of restraint on administration. The
government was bound to work within the legal framework. Further, by stating that the
law is supreme, he made every law made by the legislature supreme, thus, promoting
parliamentary supremacy. There cannot be self-conferment of power as even an
ordinary law is supreme. All laws, public or private, are being administered by the same
set of independent and impartial judiciary. This ensures adequate check on the other
two organs.
• Nonetheless, on the other hand, Dicey completely misunderstood the real nature of the
French droit administratif. He thought that this system was designed to protect officials,
but the later studies revealed that in certain respects it was more effective in
controlling the administration than the common law system. The reality is that French
Conseil d’ Etatis widely admired and has served as model for other countries as well as
for court of justice for European communities. He also did not realise the need for
codification of laws which could lead to more discretion, thus hampering Rule of Law.
Rule of Law and Indian Constitution
• The Constitution of India provides that the constitution
shall be the supreme power in the land and the
legislative and the executive derive their authority
from the constitution. Any law that is made by the
legislative has to be in conformity with the Constitute
failing which it will be declared invalid, this is provided
for under Article 13 (1).
• Article 21 provides a further check against arbitrary
executive action by stating that no person shall be
deprived of his life or liberty except in accordance with
the procedure established by law.
Rule of Law and Indian Constitution
(Contd)
• Article 14 ensures that all citizens are equal and that
no person shall be discriminated on the basis of sex,
religion, race or place of birth, finally it ensures that
there is separation of power between the three
wings of the government and the executive and the
legislature have no influence on the judiciary. By
these methods, the constitution fulfils all the
requirements of Dicey’s theory to be recognized as a
country following the Rule of Law.
Rule of Law and Indian Judiciary
• The Indian Judiciary has played an instrumental role in
shaping Rule of Law in India. By adopting a positive
approach and dynamically interpreting the constitutional
provisions, the courts have ensured that the Rule of Law
and respect for citizens’ rights do not remain only on paper
but it is also avalaible in the society.
• In Bachhan Singh v. State of Punjab, it was held that the
Rule of Law has three basic and fundamental assumptions.
They are- 1) There must be independent judiciary to
protect the citizens against excesses of executive and
legislative power. 2) Even in the hands of the democratically
elected legislature, there should not be unfettered
legislative power; and Law making must be essentially in
the hands of a democratically elected legislature;

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Origin of Rule of Law

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