RULE OF LAW

Plato - “Where the law is subject to some other authority and has none
of its own, the collapse of the state, in my view, is not far off; but if law
is the master of the government and the government is its slave, then
the situation is full of promise and men enjoy all the blessings that the
gods shower on a state“.

Aristotle - "law should govern and those in power should be servants

of the laws."
 Essence

“BE YOU EVER SO HIGH, THE LAW IS ABLOVE

YOU.”
Dicey’s understanding of legal system of England
(based on rule of Law)
No person is punishable except for a
breach of law in the ordinary manner
before the ordinary
There is no man above law, that every person
regardless of position or condition, is subject
to the ordinary law of the realm and
amenable to the jurisdiction of the ordinary
tribunals, or equality before the law and this
excludes exemptions of officials or others
from duty to obey the law which governs
citizen.
The general principle of the constitution is
based on the decision made by the court
especially in determining the rights of the
individual specifically regarding the cases
brought to the court.
 1. Supremacy of law*

⚫ No man is punishable or can lawfully be made to

suffer except for a distinct breach of law established
in the ordinary legal manner before the ordinary
courts of the land.
⚫ It implies that a man may be punished for a breach of
law but cannot be punished for anything else.
⚫ It is opposed to the influence of arbitrary power and
wide discretionary power.
⚫ The law makers need to give reasons that can be
justified under the law while exercising their powers
to make and administer law
 2. Equality before law*

⚫ No man is above law

⚫ Every man whatever be his rank or condition is subject to the
ordinary law of the realm and amenable to the jurisdiction of the
ordinary tribunals.
⚫ Prof. Dicey states that, there must be equality before the law or equal
subjection of all classes to the ordinary law of the land.
⚫ the principle of equality before the law seeks to ensure that the law is
administered and enforced in a just manner. It is not enough to have
a fair law but the law must be applied in a just manner as well.
⚫ This doctrine has been also included in the Indian Constitution in the
form of Article 14.
⚫ Government should be conducted within a framework of recognized
rules and principles which restrict discretionary powers.
 3. Predominance of Legal Spirit*

⚫ Constitution guarantee rights such as basic human rights or

fundamental rights- it is not enough to have those rights in
the book of law- they need to be effectively implemented in
a court of law
⚫ Rule of law establishes an effective control over the
executive and administrative power.
⚫ The courts are the enforcers of the rule of law and they
must be both impartial and free from all external
influences. Thus the freedom of the judiciary becomes an
important pillar to the rule of law.
⚫ It is not a matter of doubt that a considerable degree that
governs the lives of the people and regulates the State
functions flows from the decision of the superior courts.
 Rule of Law under the Constitution*
⚫ The Constitution of India intended for India to be a country
governed by the rule of law. It provides that the constitution
shall be the supreme power in the land and the legislative and
the executive derive their authority from the constitution.
⚫ The ideals of the Constitution, justice, liberty and equality are
enshrined (embodied) in the preamble.
⚫ Art13 (1) states that any law that is made by the legislature has
to be in conformity with the Constitution failing which it will
be declared invalid.
⚫ Article 14 ensures that all citizens are equal and that no person
shall be discriminated on the basis of sex, religion, race or
place of birth.
⚫ Art 21- No person shall be deprived of his life or personal
liberty except according to procedure established by law.
 Rule of Law & Judiciary

⚫ The Indian judiciary is well regarded domestically and

internationally for its progressive role in interpreting various
provisions of the Constitution with a view to promoting social
justice.
⚫ Expanding the interpretation of the fundamental rights
enshrined in the Constitution, overcoming restrictions based
on rules relating to locus standi, creating new avenues for
seeking remedies for human rights violations through public
interest litigation pleas and promoting genuine judicial
interventions in the areas of child labour, bonded labour, clean
and healthy environment, and women’s rights are a few
examples of successful judicial intervention to uphold the rule
of law and ensure justice.
 Supreme Court and Rule of law*

⚫ Habeas corpus case- ADM Jabalpur v Shivakant Shukla 1976 AIR SC 1207 (4:1)
⚪ The question before the Supreme Court was ‘whether there was any rule of
law in India apart from Article 21’.
⚪ The majority judges held that the Constitution is the mandate and the rule
of law. They held that there cannot be any rule of law other than the
constitutional rule of law. Excluding moral conscience, they held that there
cannot be any pre-Constitution or post-Constitution rule of law which can
run counter to the rule of law embodied in the Constitution, nor can there
be any rule of law to nullify the constitutional provisions during the time of
Emergency
⚪ However, J. Khanna in his dissenting opinion observed that “Rule of law is
the antithesis of arbitrariness……Even in absence of Article 21 in the
Constitution, the state has got no power to deprive a person of his life and
liberty without the authority of law. Without such sanctity of life and liberty,
the distinction between a lawless society and one governed by laws would
cease to have any meaning…”