RULE OF LAW
Rule of law means “the law rules”. Rule of law refers to “a government based on the principles of law and not of men”. In its ideological sense, the concept of rule of law represents an ethical code for the exercise of public power, the basic postulates of which are equality, freedom & accountability. It refers a ‘climate’ of legal order which is just & reasonable. Every executive, legislative & judicial exercise of power must depend on this ideal for its validity.
It means that ‘Law shall prevail and not an individual’. Law shall be supreme and there cannot be any individual who is above the law. This is what is called the Doctrine of Rule of Law i.e. “Law governs & not individuals”.
The individuals (President, PM & Council of Ministers) may be the means of governance but even such individuals have to act under the law. Such individuals are not supreme rather the Constitution is the supreme.
The Rule of Law implies that the government has to exercise its powers in such a manner in which:
- The dignity of an individual is upheld
- The object of social welfare & justice can be achieved.
- The unity of the individual and the integrity of the nation can be promoted.
- There is no discrimination between people in matters of sex, religion, caste or race etc.
- Equality exists.
History of Rule of Law
Rule of law is existing since ancient times. During that period also, Law was above than the king. Everyone had to follow the law.
No one was above the law.
In Dharma sastras– it is mentioned that
“ parties must be heard. No decision can be given behind the back of the parties. The judges must not have any bias or interest in the cause. They must pronounce judgment with reasons.”
Three Pillars of Rule of Law given by A.V Dicey
According to A.V. Dicey, rule of law means the ‘absolute supremacy of regular law’. Dicey’s concept of rule of law means ‘no influence of arbitrary powers and thus exclusion of liberty, equality before the law and protection of individual liberties. Dicey’s theory has three pillars based on the concept that “a government should be based on principles of law and not of men”. These are:
- 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.
- 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.
- 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.
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