Rule of Law, History, Principles, Important Factors, Significance

Rule of Law is one of the ideals of political morality and the government which is based on principles of law and not of men. It acts as a building block for the formation of a democratic society. It is based on the four universal principles - just law, open government, impartial and accessible justice, and accountability. The term ‘Rule of Law’ is nowhere defined in the Indian Constitution but this term is often used by the Indian judiciary in the various judgements. 

Rule of Law has been declared by the Supreme Court as one of the basic features of the Constitution and is seen as an integral part of good governance. It is the cornerstone of our democracy, so we must have an independent and impartial judiciary which is the preserver and protector of the Rule of Law. 

Rule of Law Meaning

The argument about the Rule of Law began in Ancient Greece with Aristotle and proceeded with medieval and early modern theorists such as Sir John Fortescue, John Locke, Niccolo Machiavelli, Montesquieu, etc.

• Modern era: In the modern era, A. V. Dicey, F.A. Hayek, John Rawls, etc. worked on the concept. 
• According to Prof. Dicey, the term "rule of law" refers to the complete dominance over the influence of arbitrary power and discretionary power of the government.
• Dicey regarded the rule of law as the bedrock of the British Legal System. This doctrine is accepted in the constitutions of the U.S.A. and India.

Dicey’s Rule of Law

According to A.V. Dicey, the rule of law contains three basic principles:

• Supremacy of Law: The first meaning of the Rule of Law is that 'No man is subject to punishment or maybe legitimately forced to suffer in body or property unless there has been a clear violation of the law that has been proven in a regular court of the law.
• Equality before Law: The second meaning of the Rule of Law is that no man is above the law.
• The Predominance of Legal Spirit: The third interpretation of the Rule of Law holds that the fundamental tenets of the Constitution are the outcome of court rulings that ascertain private parties' rights in specific cases that are brought before the Court.

Rule of Law Characteristics

The following are the characteristics of the Rule of Law: 

• There must be the supremacy of law.
• No one should be above the law, everybody is equal before the law. 
• It states that no one can be prosecuted unless and until he/she has violated the laws. 
  • The accusation should be proven by an autonomous entity such as a court.
• It protects against the arbitrary actions of men.
• All the actions of the organs of government must be in accordance with laws.
• The judiciary is the preserver and protector of the rule of law.
• It takes into account the principle of natural justice.
• It is the fundamental basis of the democracies around the world. 

Rule of Law Under the Indian Constitution

The Indian Constitution contains numerous provisions based on this doctrine. The rule of law is implicitly given in the various provisions of the Constitution. All the three organs of the government (Legislative, Executive and Judiciary) must adhere to the principle of the Rule of Law. 

• Judicial review: The power ofjudicial reviewhas been provided under Articles 13, 32,136, 142, 226, etc. to the judiciary to preserve the ‘Rule of Law’.
  • Any law made by the Central Government or State Governments must be consistent with the Constitution of India. 
• Preamble: The Constitution of India is enriched with the principles of law, such as justice, equality and liberty. 
• Article 21: The right to life and personal liberty cannot be curtailed except procedure established by the law under article 21.
• Article 14: Dicey’s ideas of equality before the law is provided under Article 14 of the Indian Constitution establishing the idea of equality before the law and equal protection under the law.

Rule of Law in India Exceptions

In India, Dicey’s concept of the rule of law cannot be said to be followed in the strict sense; there are certain exceptions provided under the Indian Constitution and other laws. 

• Discretionary powers to the President and Governor:
• Under Articles 72 and 161, the President and the Governor respectively are empowered to pardon, reprieve, respite, or remit punishment, as well as to suspend, remit, or commute the sentence of any individual found guilty of any crime. 
• Article 85gives the President discretion concerning the prorogation of either House of Parliament or the dissolution of the House of People. 
• The governor is allowed to reserve bills for consideration under Article 200 and to send the report to the President under Article 356 of the Constitution.
• Immunities to the President and Governor: 
  • The President/Governor is not answerable to the court of law in discharging his executive functions.
  • No criminal proceedings can be instituted against the President or the State Governors while in office.
  • No civil proceedings in which relief is claimed can be filed against the President or Governor except after the expiration of a 2-month notice served on him.
• Police: As part of the executives, police are given discretionary powers of arrest without warrant for cognisable offenses. 
• Public servants: Administrative officers, municipal authorities, etc. have been provided with certain immunities and privileges for better functioning of the system.
• Criminal courts: Indian criminal courts possess broad discretionary authority regarding sentencing.
• Diplomatic immunities: Under international law, visiting heads of state, heads of government, ministers, officials and foreign diplomats posted in the country are not subjected to the jurisdiction of local courts in the discharge of their official functions.

Important Judgements Regarding the Rule of Law

Although the word ‘rule of law’ has no set formulation in the Constitution, The Supreme Court in the various judgements gave the meaning to the rule of law.

• Indira Gandhi v. Raj Narain: In this landmark case, the Apex Court held that the doctrine of “Rule of Law” enshrined under Article 14 forms the ‘Basic Structure’ of the Constitution.
• ADM Jabalpur v. Shivkant Shukla:
  • This case is also known as the “Habeas Corpus case.” It is one of the most important cases regarding the rule of law. 
  • Before the Hon'ble Court, the question was whether there was any rule of law in India other than Article 21 of the Indian Constitution. 
  • Although the majority’s decision was negative, Justice H.R. Khanna issued a dissenting opinion by stating that the state has no power to deprive a person of freedom even without the authority of law, even in the absence of Article 21. 
• Maneka Gandhi Case:
  • The Supreme Court stated that Article 21 cannot allow arbitrary or irrational processes, even though it mentions "process established by law."
  • The Supreme Court in this case propounded that there exists a special relationship between Articles 14, 19 and 21 and each law must pass the test of said provisions.
• Som Raj v. State of Haryana:
  • In this case, it was held that the absence of arbitrary power is the postulate of the rule of law upon which the whole constitutional edifice is dependent.
• Kesavananda Bharati v. State of Kerala:
  • In this case, the Supreme Court enunciated the concept of the rule of law as one of the most important aspects of the doctrine of basic structure.

Rule of Law UPSC PYQs

Question 1: In essence, what does 'Due Process of Law' mean?(UPSC Prelims 2023)

1. The principle of natural justice
2. The procedure established by law
3. Fair application of law
4. Equality before law

Answer: (c) 

Question 2: A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India? (UPSC Prelims 2021)

1. Article 14
2. Article 28
3. Article 32
4. Article 44

Answer: (a) 

Question 3: Which of the following are regarded as the main features of the “Rule of Law”? (UPSC Prelims 2018)

1. Limitation of powers
2. Equality before law
3. People’s responsibility to the Government
4. Liberty and civil rights

Select the correct answer using the code given below :

1. 1 and 3 only
2. 2 and 4 only
3. 1, 2 and 4 only
4. 1, 2, 3 and 4

Answer: (c)

Rule of Law FAQs

Q1. What is the rule of law?

Ans. Under the rule of law, the state is governed not by the ruler or the nominated representatives of the people but by the law. It presents four universal principles: impartial and accessible justice, just law, open government, and accountability.

Q2. The principle of the rule of law was created by whom?

Ans. A.V. Dicey developed the Rule of Law doctrine in his book "Introduction to the Law of Constitution (1885)."

Q3. Is there a rule of law under the Indian Constitution?

Ans. The rule of law is also implicitly given in the Preamble and Part III of the Indian Constitution. In cases of violation of Constitutional or legal rights, one can approach the Supreme Court or High Court under Article 32 and Article 226 of the Indian Constitution.

Q4. What arguments are made against the rule of law?

Ans. Opponents of the rule of law contend that an excessive focus on the legal system leads to serious vices of its own, such as overly rigid legalism and a disregard for the political or practical aspects of legal disputes.

Q5. Are there any exceptions to the rule of law in India?

Ans. There are certain exceptions provided under the Indian Constitution and other laws. Such as the existence of wide discretionary powers for the executives and certain immunities and privileges under Articles 72, 161, 85, 200 and 356.