RULE OF LAW

ABSTRACT

The Word Rule of Law is derived from French phrase “le principe de legalite”, which means any governance by established legal principles rather than arbitrary decisions. The rule of law is a fundamental principle that ensures that laws are applied equally to all, regardless of their social or political status. The concept of Rule of Law evolved and get modified over centuries, with significant contributions from figures like Henry de Bracton, Edward Coke, and Albert Venn Dicey. In India Landmark judgments like Kesavananda Bharati v. State of Kerala played a important role in shaping the concept of Rule of Law. In India, the rule of law is in the Constitution, particularly through provisions like Article 13(1), Article 14, and the concept of judicial review.

KEYWORDS

Rule of Law, principle of legality, constitutional provisions, judiciary, equality before the law, judicial review, Indian Constitution, Article 14, basic structure doctrine, arbitrary power, independent judiciary, Kesavananda Bharati, S.G. Jaisinghani, A.K. Kraipak, E.P. Royappa, Albert Venn Dicey, delegated legislation.

INTRODUCTION

The Rule of Law is a part of democratic government which emphasizing that decisions should be made based on established legal principles rather than arbitrary actions. The Rule of Law stands as a safeguard against the misuse of power, ensuring that all individuals, including those in authority, are subject to the law.

In the Indian context, although the Rule of Law is not explicitly mentioned in the Constitution, it is deeply ingrained in various constitutional provisions and has been interpreted and reinforced through landmark judicial decisions. The Indian judiciary has played a pivotal role in advancing this doctrine, notably through Article 14, which guarantees equality before the law and protection against arbitrariness. Over time, this concept has evolved to address the balance between individual rights and societal needs, serving as a cornerstone for the protection of constitutional principles and the limitation of executive and legislative powers.

Historically, the Rule of Law has evolved over centuries, shaped by the contributions of legal thinkers such as Henry de Bracton, Edward Coke, and Albert Venn Dicey. Dicey, in particular, formalized the concept in the modern context, emphasizing the supremacy of law, equality before the law, and the protection of individual rights through an independent judiciary. These principles have been adapted and applied in various legal systems worldwide, including India, where the judiciary has further refined and expanded the scope of the Rule of Law to meet the changing needs of society.

In India, the Rule of Law has been invoked in numerous landmark judgments, such as Kesavananda Bharati v. State of Kerala, which established the basic structure doctrine and underscored the supremacy of constitutional principles over legislative and executive actions. Other significant cases, such as E.P. Royappa v. State of Tamil Nadu and A.K. Kraipak v. Union of India, have further advanced the interpretation of Article 14 and the concept of reasonableness in administrative actions.

This paper explores the historical origins, constitutional underpinnings, and judicial interpretations of the Rule of Law, highlighting its essential role in maintaining justice, accountability, and equality in governance.

MEANING OF RULE OF LAW

The word “rule of law” is derived from the French phrase ‘le principe de legalite’ which means the principle of legality. The rule of law means that the decisions should be made by the application of known principles and rules in general which should be predictable, If a decision taken without any principle or without any rule it is unpredictable and such a decision is the against of a decision taken in accordance with the rule of law[1]

The rule of law has really three basic and fundamental assumptions, These are:-

1) A legislature that is elected democratically must be the primary body responsible for enacting laws.

2) Even in the hands of a democratically-elected legislature, there should not be unfettered legislative power

3) To safeguard citizens against abuses of the legislative and executive branches of government, there has to be an independent judiciary.[2]

The rule of law is not merely a public order. The rule of law is social justice based on public order. The substantive rule of law “is the rule of proper law, which balances the needs of society and the individual”. This legal system finds a balance between the demands of the individual, his or her personal liberty and human dignity, and the needs of society as a whole, which include political independence, social equality, economic progress, and internal order. The Court has an obligation to safeguard this intricate notion of the rule of law.[3]

ORIGIN OF RULE OF LAW

The Rule of Law was introduced in 13th century A.D. by Henry de Bracton, He was a judge of Henry III who stated during a hearing of a case that ‘The King is not supreme. Both the law and the Almighty have authority over him. The king is subjected to the law because it is due to the law only that he is made a king.’ In the judgement he did not specified the term Rule of law but given the basic principle of Rule of Law.

Edward coke rephrased the term said by Henry de Bracton and said that the King must be under God and the law

Albert Venn Dicey, a Britain-based constitutional jurist rephrased the theory of the rule of law and proposed its concept. In 1885 in his book “The Law of the Constitution” mentioned the concept of the Rule of Law. In which he explained various real life examples to explain the theory. He explained in his example that in a country where rule of law prevails The prime minister of that country and a ordinary citizen of that country shall be treated equally irrespective of the position they are holding. He suggested three reasoning of rule of law which are:-

1.Supremacy of Law

2.Equality before the Law

3.The predominance of legal spirit

RULE OF LAW IN INDIA

Constitutional Provisions

There is no draft in which rule of law is directly mentioned but the Indian court refer to it in various judgement and it is included in various provisions of the constitution in indirect way like the Article 13(1)[4] states that every law passed by the legislature must be according to the provisions of the constitution otherwise it will be considered unconstitutional which means any new law should be consistent with the requirements of the constitution. In Keshavananda Bharti v. State of Kerala, the Supreme Court has included the Rule of Law as the basic feature of the Constitution and also stated that the parliament do not have the power to amend the basic structure of the Constitution.[5]

The Article 14[6] of the constitution establish equality before the law and equal protection of rights under the law. It states that no one shall be denied from the equal protection of rights which simply means that law will treat each and every one equally. The goal of equality was further reinforced by Art. 15, 16, and 23.

The Rule of Law includes Judicial Review as well. It not only defends the fundamental ideas of the constitution but also examines the legitimacy of administrative acts. The courts have the authority to assess and hold governmental authorities and bureaucracy accountable for the reasonableness of their actions.

Judicial System

The Indian Judicial System in their judgment consistently define and state The Rule of Law and use for backing the judgement which helps in interpretation and advancement of the doctrine of Rule of Law in India.

In the case of Suman Gupta and others v. State of Jammu and Kashmir and others in the Supreme Court, Justice R. S. Pathak stated that

Rule of Law: In any such system, it is hard to imagine a legal authority that is capricious and goes beyond what is reasonable.[7]

The Supreme Court ruled in A.K. Kraipak v. Union of India (1970) that our welfare system is governed as well as regulated by the Rule of Law.[8]

The Supreme Court interpreted Article 14 of the Indian Constitution as well as widened its scope in the case of E.P. Royappa v. State of Tamil Nadu (1973 According to the Apex Court, this provision gave the rule of law a new meaning and was seen as a protection against arbitrariness.[9]

THEORETICAL APPLICATION OF RULE OF LAW

It is quite clear that various alteration and modification is being done in the concept of Rule of Law and after various modification now the concept of Rule of Law is suitable to provide a setup to the government. Modifying the meaning of the Dicey in the context of today Prof. Wade has expanded the idea of the Rule of Law to include effective control over and appropriate publicity for delegated legislation, especially where it involves consequences that should, to the greatest extent possible, be defined.; Every man, whether a private citizen or a public official, should be answerable to ordinary laws; private citizens’ rights should be adjudicated by unbiased and independent tribunals; and England’s usual laws should protect fundamental private rights.

CONCLUSION

The rule of law, a cornerstone of democratic societies, is a principle that ensures that laws are applied equally to all, regardless of their social or political status. It is a fundamental concept that underpins the protection of human rights, the promotion of social justice, and the maintenance of a stable and just society.

Throughout its historical development, the rule of law has evolved to address the changing needs and challenges of societies. In India, the concept has been enshrined in the Constitution and upheld by the judiciary, playing a crucial role in safeguarding democratic values and protecting the rights of citizens.

However, the rule of law is not merely a static principle but a dynamic one that requires constant vigilance and effort to maintain. Challenges such as corruption, inequality, and the erosion of democratic institutions can threaten the rule of law. It is imperative for governments, civil society organizations, and individuals to work together to uphold this fundamental principle and ensure that it remains a beacon of justice and equality in our societies.

REFERENCES

SCC Online
Constitution of India

[1] S.G. Jaisinghani v. Union of India, AIR 1967 SC 1427: (1967) 2 SCR 703: (1967) 1 ITJ 903: 65 ITR 34.

[2] Bachan Singh v. State of Punjab, (1982) 3 SCC 24: 1982 SCC (Cri) 535

[3] National Legal Services Authority v. Union of India, (2014) 5 SCC 438.

[4] Article 13(1) of the Constitution of India

[5] Kesavananda Bharati vs State Of Kerala And Anr AIR 1973 SC 1461.

[6] Article 14 of the Constitution of India

[7] Suman Gupta And Others Etc vs State Of J & K and other 1983 AIR 1235

[8] A.K. Kraipak v. Union of India 1990 SCC (2) 48

[9] E. P. Royappa vs State Of Tamil Nadu & Anr 1974 4 SCC 3

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