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TITLE – RULE OF LAW

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Name – Sahil Singh,Tejas bhadawale

Course – FY BBA LL.B.
PRN – 1182230144,11182230211

Title Page No.

Title Page 1
Abstract 3
Introduction 4
Origin 5
Meaning and Concept 7

Rule of Law in Indian Constitution 9

Modern Sense 11
Conclusion 12
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Abstract

Administrative law is a distinct branch of law or a subject of academic study,

but in recent decades it has acquired full recognition as a responsible field of
study for law students and practitioners. Thus, to acknowledge its
independence, the English people employed Dicey's Concept of Rule of Law as
a weapon to hit the expansion of administrative law. One of the foundational
ideas of our contemporary democratic society is the "rule of law." This term is
not defined in the Indian Constitution, although it is frequently used by the
Indian judiciary in its decisions conclusions. The "rule of law" is a theory of
"state political morality" that is not a "rule" or a "law." keeps the "right
balance" to create a free and civil society, "rights" and "powers" must exist
between people as well as between people and the state. It is the outcome of
millennia of human effort to have one's natural rights recognized. This paper's
primary goal is to provide a thorough analysis of the "rule of law." specifically
its history, characteristics, place in the US and Indian constitutions,
fundamental ideas, and its exceptions. Thus, the paper's conclusion has finally
been given. As this study report was being created, Numerous books, articles,
and journals were cited and given careful thought. Moreover, the internet has
helped in this procedure. Thus, the Doctrinal Research Methodology produced
this report.
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INTRODUCTION:

The rule of law is a fundamental principle that underpins the functioning of a

just and democratic society. One essential idea that keeps a just and
democratic society working is the rule of law. It alludes to the notion that
everyone, including institutions and governmental bodies, is bound by the law
and answerable to it. In order to establish a just and peaceful society where
justice is upheld and human rights are safeguarded, the rule of law is
necessary.
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ORIGIN: The fight for millennia by people to have their inherent rights
recognized has resulted in the rule of law. The notion is extremely old, having
been explored as early as 350 BC by the Greek philosophers Aristotle and Plato.
Many authors' perceptions and interpretations of the rule of law were altered
by the concept, which also altered society's preconceptions. According to Plato,
"it is supreme in nature and nobody is above the law" is the definition of the
rule of law. Law should be the State's ultimate sovereign, according to Aristotle.
German customary law, which emerged as the autonomous source of legal
authority during the Middle Ages, put forth the idea that the King is always
subject to the law John Locke believed the government operated within the
bounds of the law.

Features of Rule of Law:

1. The principle of Rule of Law is upheld when the authorities while

exercising their powers are not allowed to act according to their whims
and fancies.

2. Under the principle of Rule of Law, no person can be punished or made

to suffer, unless and until he has committed the breach of law.

3. According to Rule of Law, everyone is equal before the law, i.e. law
cannot be based on a class of persons.

4. Rule of Law is essential bedrock of most of the democracies as it is

universal in its application and also it has been the part and parcel of
most of the legal systems in the world.
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5. According to the principle of Rule of Law, a person can be punished only

if he is charged of committing a crime and that charge is proved by an
independent tribunal like that of a court.
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Meaning and Concept of ‘Rule of Law’: A fundamental element of

our contemporary democratic society is the idea of the "rule of law." The
Indian Constitution contains no definition for this term, yet the Indian judiciary
frequently uses it in its rulings. In order to preserve a "correct balance"
between the "rights" and "powers" between individuals and the state, as well
as between individuals and the state, a "rule of law" is not so much a "rule" as
it is a theory of "state political morality." This allows for the freedom and civility
of society. Law, which is founded on freedom, justice, equality, and
accountability, creates the "correct balance." As a result, the Rule of Law strikes
a balance between societal and personal demands.

The French term "la Principe de legalite," which meaning a government based
on the principles of law, is where the term "rule of law" originates. One person
who is credited with creating the idea of the rule of law is Edward Coke.
According to him, the King has to submit to both God and the law. Three key
points about the "Rule of Law" were made by Edward Coke. First and foremost,
the Rule of Law is necessary to guarantee that the Crown does not exercise
authoritarian rule; second, it prevents the Government from acting arbitrarily;
and third, it is necessary to safeguard Individuals and their Rights.

Objects based on Edward Coke’s Theory of “Rule of Law” are-

1. To restrict Government from authoritarian rule.

2. To exclude arbitrary authority of Government.

3. Equal application of laws and orders irrespective of status/rank etc

4. To do things in legally right way

5. Protection of Individuals and their Rights.

6. Law is Supreme
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7. Administrative actions can be questioned by law.

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Rule of Law in Indian Constitution:

The growth of Indian democracy has been greatly aided by the Rule of Law. The
writers of the Constitution incorporated certain provisions from England and
some from the United States of America when they were drafting it. The idea of
the Rule of Law was brought to India by our founding fathers, and the Indian
Constitution contains many of its articles. Nobody is thought to be above the
Indian Constitution, which is regarded as supreme. The Indian Constitution's
Preamble lays forth in unambiguous terms the Concepts of the Rule of Law
found in Part III. The three branches of government in India—the legislative,
executive, and judicial branches—subordinate to the Indian Constitution.
Fairness, equality, and liberty have enhanced it. Equal Protection of the Law
and Equality before the Law are guaranteed by Article 14 of the Constitution.
Every Indian citizen is entitled to fundamental rights under Articles 13, 14, 15,
19, 21, 22, 25, 28, and 31A. Article 32 and 226 of the Indian Constitution allow
a person to file a complaint with the Supreme Court or a High Court if they
believe their rights have been violated. Any law passed by the federal
government or a state government in India must be complied with in line with
the Constitution; otherwise, it will be deemed void. The Supreme Court may
grant writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto,
and Certiorari, in accordance with Article 32 of the Constitution. In order to
protect the Rule of Law and stop any laws that go beyond its bounds, the
Supreme Court is also endowed with the authority to conduct judicial reviews.

Basic Principles on Rule of Law-

1. Law is supreme, above everything and everyone. Nobody is above law’

2. All things should be done according to law and not according to whims
and fancies.
3. No person should be made to suffer except for a distinct breach of law.
4. Absence of arbitrary power being heart and soul of Rule of Law.
5. Equality before law and Equal Protection of Law.
6. Discretionary powers should be exercised within reasonable limits set by
law.
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7. Adequate safeguard against executive abuse of powers.

8. Independent and Impartial Judiciary.
9. Fair and Just Procedure.
10. Speedy Trial.
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‘Rule of Law’ in Modern Sense: The Rule of Law as envisioned by the

Dicey is not entirely accepted in the current context. Because the modern
definition of the Rule of Law is so broad, it establishes a standard that any
government should strive to meet. The Delhi Declaration (1959), also known as
the International Commission of Jurists, formed the basis for the modern
concept of the Rule of Law and was later reaffirmed in Lagos (1961). The "Rule
of Law," in accordance with the Modern Concept, means that "the functions of
the government in a free society should be so exercised in which the dignity of
a man as an individual is upheld." The Committee on Government and the Rule
of Law, the Committee on Criminal Administration and the Rule of Law, the
Committee on Judicial Process and the Rule of Law, and the Committee on
Individual Liberty and the Rule of Law are the working committees that the
International Commission of Jurists established. The state should not enact
laws that discriminate against people based on their religion, the state should
not impose undue restrictions on their freedom, and the Committee on
Individual Liberty and Rule of Law made these statements. According to the
Committee on Government and Rule of Law, "rule of law" refers to both an
effective government that can uphold law and order as well as sufficient
safeguards against the misuse of power. A public trial and fair hearing, due
process, legal aid, no arrest made without a warrant, and the presumption of
innocence are all considered to be components of the "rule of law," according
to the Committee on Criminal Administration and Rule of Law. Finally, the
Committee on Judicial Process and Rule of Law defined "Rule of Law" as the
independent legal profession, the independent judiciary, and standards of
professional ethics.

Federalist Kim Davis lists seven categories of modern law: principles of natural
law, fixed rules and regulations that do away with discretion, due process of
law, preference for judges and the court of law over administrative tribunals
and executive authority, and judicial review of administrative action.

Therefore, in the contemporary sense, the rule of law guarantees the

promotion of political interest and the acceptance of government criticism as
legitimate.
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Conclusion: While the concept of the Rule of Law was not without flaws, it
did manage administrative powers and subdued them through its measures,
which is why many nations have accepted the idea of the Rule of Law as the
guardian of the Constitution. To attain the supremacy of law, this is the most
effective instrument. The court has even made an attempt to connect the ideas
of human rights and the rule of law. Since the primary function of
administrative law is to close the gap between power and liberty, David's
modern concept offers a broad concept while also enabling the government to
use it gracefully. Therefore, the government establishes laws and regulations
that respect everyone's right to privacy while adhering to the principles of the
Rule of Law.