Rule of law

*The expression 'Rule of Law' has been derived from

the French phrase 'la principle de legalite', i.e. a
Government based on the principles of law.

*It was expounded for the first time by Sri Edward

Coke, and was developed by Prof. A.V. Dicey in his
book 'The law of the Constitution' published in 1885
 Rule of law
According to Edward Coke , “Rule of Law
means:
A.Absence of arbitrary power on the part of the
Government
B.No man is punishable or can be made to
suffer in body or good except for a distinct
breach of law established in the ordinary legal
manner before the ordinary courts of the land.
 Rule of law

As per Prof. AV Dicey, “the rule of law means

the absolute supremacy or predominance of
the regular law as opposed to the influence of
arbitrary power and excludes the existence of
arbitrariness or even of wide discretionary
authority on the part of the government.”
(The Law of the Constitution)
 Rule of law

Dicey regarded rule of law as the bedrock of

the British Legal System: ‘this doctrine is
accepted in the constitutions of U.S.A. and
India.
Rule of law
According to Prof. Diccy, rules of law
contains three
principles or it has three meanings as
stated below:
1. Supremacy of Law : The First
meaning of the Rule of
Law is that 'no man is punishable or
can lawfully be made
to suffer in body or goods except for a
distinct breach of
law established in the ordinary legal
manner before the
ordinary courts of the land
2. Equality before Law : the Second
meaning of the Rule
of Law is no man is above law
3. Predominance of Legal Spirit or
 Rule of Law
The Rule of Law, in its most basic form, is the
principle that no one is above the law.
The rule follows logically from the idea that
truth, and therefore law, is based upon
fundamental principles which can be
discovered, but which cannot be created
through an act of will.
 Rule of law
The most important application of the rule of
law is the principle that governmental authority
is legitimately exercised only in accordance with
written, publicly disclosed laws adopted and
enforced in accordance with established
procedural steps that are referred to as due
process. The principle is intended to be a
safeguard against arbitrary governance, whether
by a totalitarian leader or by mob rule. Thus, the
rule of law is hostile both to dictatorship and to
anarchy
 Rule of law under Indian
Constitution:
A. The preamble of our constitution clearly sets out
the principle of rule of law when it lays down the
objectives of social, economic and political justice,
equality of status and opportunity, and fraternity
and dignity of individuals in India.

B. Part III of the Constitution lays down the

fundamental rights guaranteed to every citizen of
the country. These rights are justifiable U/A 32 &
226 which ensure them a protection from any
legislative or executive encroachments.
 Rule of law

Smt. Indira Nehru Gandhi v. Raj Narain AIR

1975 SC 2299,
“The rule of law postulates the pervasiveness
of the spirit of law throughout the whole
range of government in the sense of excluding
arbitrary official action in any sphere….It is an
expression to give reality to something which
is not readily expressible.”
 Rule of law
It is the essence of the rule of law that
every authority within the State including
the executive government should consider
itself bound by and obey the law. [State of
Bihar v. Sonawati Kumari, AIR 1961 SC 221]
 Rule of law

Bachan Singh v. State of Punjab* popularly

known as ‘Death Penalty Case’, “The rule of
law
permeates the entire fabric of the Constitution
and indeed forms one of its basic features. The
rule of law excludes arbitrariness, its postulate
is
‘intelligence without passion’ and reason free
from desire. Wherever we find arbitrariness or
unreasonableness, there is denial of the rule of