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History, Scope, Principles,

Rule Of Law Importance, Exceptions,
Examples, and many more!

The Rule of Law originated in England, and India adopted it. The rule of law also necessitates that no
one is subjected to cruel or arbitrary treatment. The term law in rule of law signifies that a man or a
community must be controlled by law rather than a man or ruler.
The Rule Of Law is significant for both the UPSC Prelims and GS Paper 2 of the UPSC Mains curriculum.
In this article, we will provide you with all features and necessary information on the Rule Of Law. Study
major topics of Indian Polity from the perspective of UPSC Exams.

What Is the Rule Of Law?

• Rule of Law refers to everyday legal concepts that have been authorized by governing
organizations or authorities and are stated in the form of logical propositions.
• The rule of law means that the making of laws, their enforcement, and the links between legal
norms are all governed by the rule of law, so that no one is above the law.
• It refers to a scenario in which the law governs both the population and the state.

History Of Rule Of Law

• The rule of law has a long history. Around 350 BC, Greek philosophers such as Plato and Aristotle
addressed the notion of the rule of law.
• Sir Edward Coke, the Chief Justice during James I reign, invented the notion of the rule of law.
• Rule of law in England originated approximately 1215 when King John of England signed the
Magna Carta.
• The signing of the Magna Carta represented the Monarchy of England's permission to be subject
to the law and for the law to be supreme.
• Prof. Albert Venn Dicey evaluated the concept of the Rule of Law and as per his theory rule of
law is based on various principles.

Principles of Rule of law

In essence, the rule of law states that no one may be detained, punished, or legitimately made to suffer
in body or in goods unless via due process of law and for a violation of a law created in the regular legal
method before the ordinary courts of the realm.
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• The rule of law applies to everyone, regardless of rank, status, or position. Whims and fancies
have no place in a state where the rule of law reigns supreme.
• No one shall suffer as a result of the arbitrariness of another. Only the method defined by law
and the breach of such legislation can result in punishment.
• The Rule of Law is built on the lack of arbitrariness and arbitrary decision-making. The rule of law
implies equality before the law and equal legal protection.
• People with specific authority are given certain abilities. Such authority must be exerted while
bearing in mind the constraints and bounds established by the law.
• The rule of law gives safety and justice in the face of dictatorial presidential action. The judiciary
is both the keeper and the guardian of the rule of law. It is intended to be objective and free of
bias.
• Every action conducted by the executive should be done in accordance with the law, and
everyone should be treated fairly.
• A fast trial is a fundamental component of the rule of law. It implies that 'justice delayed is justice
denied.'

Principles Prescribed by A.V. Dicey

A.V. Dicey defines the rule of law as having three separate principles: Supremacy of Law, Judge-Made
Constitution, and Equality Before the Law. Each of these principles are explained below:

Supremacy Of Law
• According to A.V.Dicey, the rule of law entails the absolute supremacy or superiority of regular
law over the influence of arbitrary power and excludes the existence of arbitrariness or even
broad discretionary power.
• The supremacy of the law indicates that a man can only be punished for a specific violation of
the law established in the ordinary legal method before the ordinary courts of the land.

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• It prescribes that a guy should only be penalized for a specific violation of the law, and not for
anything else.

Judge-Made Constitution
• All judicial decisions in civil law countries are, in theory, based on legislative enactments, and the
idea of judicial precedent does not apply.
• Since the judge establishes the law (the precedent), not a legislature, this stare decisis system is
commonly referred to as "judge-made law."
• For the rule of law to prevail, there must be an enforcing power, which may be found in the
courts.
• Because the courts are the enforcers of the rule of law, they must be unbiased and free of outside
influence.
• The independence of the judiciary is thus a critical pillar for the existence of the rule of law. The
ultimate guardian of an individual's basic rights is the court of law, not the written constitution.

Equality Before Law

• Equality before the law is the second most crucial pillar of the Rule of Law idea. In other words,
regardless of status or position, every individual is subject to regular law and the authority of the
ordinary court, not any special court.
• Special legislation and special courts are a danger to egalitarian ideals. Everyone should have the
same set of laws and be adjudicated by the same civil courts.

Importance Of Rule Of Law

• The rule of law is founded on traits such as legal clarity and predictability which ensures the
establishment of a welfare state and political stability.
• The rule of law is valuable because it prevents arbitrary decisions, ensures fairness, and prevents
tyranny and oppression. It restricts the power of individuals in positions of authority.
• The rule of law plays a crucial role in protecting civil and political rights and liberties, as well as
the equality and dignity of all people.
• It helps in discouraging corruption, achieving social and economic development targets, and
strengthening peace and security at the international and national level.

Rule Of Law and Indian Constitution

The rule of law in India may be traced back to the Upanishads, which were eventually included by the
drafters of the constitution.
• The declaration of the Indian state as a sovereign in the constitution restores the notion of the
Rule of Law.
• The Constitution is the supreme law of the land, and anything that runs counter to it will be ruled
unconstitutional by the courts.
• The preamble to the constitution offers the core principles and ideals important to people.
• The framers of the constitution did not want to risk being ruled by a dictator, therefore they
thoroughly embedded the Rule of Law in the constitution, making it the Supreme Law. The Indian

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government is organized into three branches: the Legislature, the Administrative, and the
Judiciary of India.
• This establishes a separation of powers among the three organs, with one organ not interfering
with the operation of the other.
• Part III of the constitution, i.e. the fundamental rights, satisfies all of Dicey's prerequisites for a
country to be governed by the Rule of Law.
• The idea of equality before the law and equal protection under the law, as described by Dicey, is
enshrined in Article 14 of the Indian constitution. Article 21 of the constitution guarantees the
fundamental right to life and personal liberty.
• Article 19 guarantees the people of India the right to free speech and expression. The
constitutional idea of double jeopardy and self-incrimination has also been appropriately
enshrined. Articles 14, 19, and 21 are so fundamental and crucial to the constitution that they
are commonly referred to as the Golden Triangle Articles.

Exceptions Of The Rule Of Law

The rule of law demands both rulers and ruled to be accountable to the law, which is of indisputable
significance in modern democratic countries. It may be claimed that the rule of law is not an accurate
representation of any condition of events, but rather a complicated notion that becomes even more
complex when put into action.
• Ambassadors and diplomats cannot be sued or prosecuted in the nations where they serve since
they are above the law of the host country; instead, they can be deported.
• There are certain people who are immune to the country's laws. The President and Vice
President, Governors, members of the Parliament (National Assembly), and other high-ranking
government officials are among those who fall within this category.
• The expanding domain of judges and attorneys, as well as their encroachment on areas formerly
reserved for politicians and the voters, leads to the loss of much that is politically and
democratically valued.
• When there are catastrophic situations that force the government to proclaim a state of
emergency or when there is war, the government normally exercises some discretionary powers.

Rule By Law
• Rule by Law holds the governing authority to be above the legislation, with the ability to make
and enforce law wherever it is expedient, regardless of the impact on greater liberties that people
enjoy.
• To elaborate, rule by law is a way used by governments and those in authority to control the
conduct of individuals, and in the case of ruling a country, large groups of people.
• Rule of law may be used to oppress people and to legitimize the passage of laws that severely
violate basic human rights.

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Examples Of Rule By Law

• The rule of law is embedded into various clauses of the Indian constitution. The Preamble of the
Indian Constitution, for example, reflects the goal of establishing equality, liberty, and justice.
Article 14 ensures the right to equality before the law and equal legal protection.
o Liberty, along with justice and equality, is a fundamental tenet of the Rule of Law. Article
21 of the Constitution guarantees the fundamental right to life and personal liberty.
• Nazi Germany imprisoned Jews in concentration camps before sending them to the death
chambers.
o The argument given was that there existed legislation that allowed such activities to be
performed. That, however, was governed by law, not rule of law.
• To manage their Indian subjects, the British utilized "Rule by Law" rather than "Rule of Law."
Thus, our fight for independence marked the start of our path toward the construction of a state
based on the Rule of Law.

Difference Between Rule of Law and Rule by Law

Parameter Rule of Law Rule by Law

Origin • The word "rule of law" is derived
from the French phrase "la
Principe de legality," which
means "law-based government."
• This idea is ascribed to Chief
Justice Edward Coke of England.
• It derives from the Latin phrase
'Rex is Lex,' which means 'King is
Law.'
• This idea was prevailed by King
James I of England in his battle
against the Church and common
law judges, twisting the phrase
'Lex is Rex' to 'Rex is Lex.'

Meaning • Rule of Law denotes that no one • It is used to control citizens of

is above law and everyone is the state by the sovereign.
subject to the authority of
ordinary courts of law.

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Significance • The government uses reasonable
and fair legal principles to
administer justice and preserve
order.
• Rule by law refers to the exercise
of total authority by the head of
state, who renounces the legal
rights of other citizens and
governs according to whim.

Implementation • Rule of law entitles that • Rule of law entitles dictators who
everyone is equal. And people's take the role of supreme
freedom is guaranteed by the lawmakers to oppress and rule
law. the people.

Examples • The Preamble of the Indian • North Korea passed legislation

Constitution mentions Justice,
Liberty, and Equality.
• The constitution is the ultimate
law of the nation, according to
Article 13 (1) of the Indian
Constitution. The Doctrine of
Eclipse under Article 13 states
that any law which is
inconsistent with fundamental
rights is not invalid.
mandating that men and women
only cut their hair in the 28
government-approved
hairstyles.
• Nazi Germany imprisoned Jews
in concentration camps before
sending them to the death
chambers. Legislation is believed
to back up the act.

Conclusion
The Rule of Law governs the unfettered exercise of power by the supreme lawmaking authority of the
territory, whereas the Rule by Law is established by the highest lawmaking authority of the land. Despite
the fact that the rule of law was largely derived from British jurisprudence, its presence on Indian politics
is undeniable. The rule was taken into consideration by the authors of the constitution, who ensured
that it was appropriately incorporated into the country's framework. There is also a need to take the
necessary steps to establish a timely justice delivery system in order to fully implement the Rule of Law.

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