UPSC Prelims 2018 Question:

Which of the following are regarded as the main features of the "Rule of Law"?

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:

Explanation:

• Rule of Law may be specifically defined as the supremacy of law where the decision is made by applying known principles or laws, where there is no intervention of discretion in the application of such principles or laws.
  
  
• Fundamental Rights enshrined in Part III of the Constitution put a restriction on the law-making power of the Indian Parliament. The State has got no power to deprive a person of his life and liberty without the authority of law. So, point 1 is correct.
  
  
• The secondary meaning of rule of law is that the government should be conducted within a framework of recognized rules and principles which restrict discretionary powers. It does not ensure people’s responsibility to the Government. So, point 3 is not correct.
  
  
• Dicey’s Concept of Rule of Law-In his book, the law and the Constitution, published in the year 1885, Dicey attributed three meanings to the doctrine of rule of law:
  • Supremacy of Law
  • Equality Before the Law. So, point 2 is correct. 
  • Predominance of Legal Spirit
    
    

• Rule of law postulates the recognition of civil rights and liberties. Such rights and liberties are essential attributes of democratic societies. So, point 4 is correct.
  
  

Therefore, option (3) is the correct answer.

Subject: Polity | Fundamental Rights