Introduction
Rule of law is derived from French word “la principle de legalite”. It refers to principle of legality which means a government that is based on the principles of men. The foundation was laid down on the powers against the arbitration. The rule of law is the topmost principle of against the powers of arbitration. The rule is derived from the principles of English constitution. The doctrine was then accepted by US and India. The doctrine is believed to be originated from Sir Edward Coke. He told that law and God are above the king thus it brought within it the concept of supremacy and primacy in the area of law. Rulers are ruled and are equally subject to law. The decisions are based on proper formulation of rules and procedures and should be made by the application of known principles and laws. The rule of law is based on respect for supreme value of human dignity. It protects the formation of constitutional values and principles; it is designed to protect individual against arbitrary exercise of power. It harmonises the opposing notions. The theory can be dated back to the Ancient Roman era and even the Chanakya aimed for the concept of rule of law. All actions must be according to law and not according to whim. The doctrine of rule of law stands to support the existence of a democratic government, it is said that the three principles of the democratic nation work within the system of good governance and better implementation of rule of law all the three principles are related to each other and should work in harmony.
History
The concept of rule of law can be dated back to the thirteen century and is a really ancient Roman concept. A judge at Bractcon in Henry introduced this concept for the first time without terming it as rule of law and wrote “The king himself ought to be subject to God and the law, because law makes him king.[1]” Sir Edward Coke pronounced this concept when he placed king below lord and law and established the supremacy of the law over king as he believed that the supremacy should be of the one who derives such position of person in power. In India the concept was established by Upanishad it believed that law is the king of kings and is in much higher position and powerful above all, it equalised the concept of justice in empowering the weak as much the strong at the pace of truth existence i.e., the one with the truth shall prevail no matter he or she is strong or weak the formula that justice should be served is the foundation of rule of law laid down in the Upanishad. At last, the proper formulation of the concept of rule of law is credited to Professor Dicey according to him no man is punishable without a just cause for every punishment the guilt or the cause should be proved.
The Concept of Doctrine of Rule of Law
Rulers are ruled and are equally subject to law. The decisions are based on proper formulation of rules and procedures and should be made by the application of known principles and laws. The rule of law is based on respect for supreme value of human dignity. It protects the formation of constitutional values and principles; it is designed to protect individual against arbitrary exercise of power. It harmonises the opposing notions. The theory can be dated back to the Ancient Roman era and even the Chanakya aimed for the concept of rule of law. All actions must be according to law and not according to whim. Government must be conducted within the regulation of proper code and conduct; the rules restrict discretionary exercise of powers.
The rule of law is based on the three principles supremacy of law, equality before law and predominance of legal spirit. The supremacy of law is based on the theory that law is most the supreme form of law and the law governs all the people of the nation and itself by the person framing the administrative law. The concept of equality before law is based on the theory that there should be equal protection of laws and equality before laws, it keeps the check on cheques and balances of the government system. It aims to ensure that laws are enforced in a just manner, the law cannot discriminate anyone on the ground of race, religion and caste, the law can abrogate one’s right only in the distinct and proved breach of law. The concept propounds the main idea is that no innocent should suffer without a cause. Another concept of predominance of legal spirit is based on the idea that there must be an authority to rule all and enforce the rule of laws, like the authorities. Thus, the courts are set impartially free to operate and they enforce the foundation of rule of law. Judiciary are allowed to be independent from all external influences to protect the root of article 14 of the constitution.
The doctrine of Rule of Law is ascribed to DICEY whose writing in 1885 on British people Constitution included the subsequent three distinct though kindered ideas in Rule of Law:34
(i) Absence of Arbitrary Power: No man is above law. No man is punishable aside from a definite breach of law established in a standard legal manner before ordinary courts. the government cannot punish anybody merely by its own fate.
(ii) Equality before Law: Every man, whatever his rank or condition, is subject to the normal law and jurisdiction of the normal courts No man is above law.
(iii) Individual Liberties: the final principles of British Constitution, and particularly the liberties of the individual, are judge-made, i.e., these are the results of judicial decisions determining the rights of personal persons particularly cases brought before the courts from time to time[2]
Practical Application of the Doctrine in India
The doctrine of rule of law is based with the basic principles of liberty, equality, fraternity, and justice. The constitution of India provides basic rights under part III of the constitution, the constitution of India prevails above the three arms of the government i.e., legislature, executive and the judiciary. There are several articles enshrined which leads the path towards ensuring the application of doctrine of rule of law. For instance, the principle of judicial review is incorporated in the constitution and the Supreme court is given extreme powers to protect the fundamental rights of the individuals. The right to move to Supreme court covered under article 32 of the constitution redresses the grievance of an individual the right to move Supreme court who has been grieved by the administration. Every law, ordinance, by laws, rules and regulation are all laws and need to comply with the provisions of the Supreme court and need to be reliable and consistent with the principles of the constitution guaranteed by article 13 in the constitution[3]. No person can be deprived of his life and liberty except by the law or with the violation of law by that individual enshrined under article 21 of the constitution. The government and the officials can be questioned by law and ask to comply with the nation and law. The law provides equality before law and the officials are subject to the same procedures and rules, trail. This formulation was laid down by International Commission of Jurist in Delhi declaration 1950 and exemplified the duty of the government to render dignity of an individual as a principle under the concept of rule of law. The concept clarified that the dignity was not only limited to grant civil and political right but also extends to providing economic, social, educational, and cultural rights.
Case Law
In Veena Seth vs State of Bihar, AIR 1983 SC 339, the rule of law was extended to the poor and downtrodden and the ignorant and the illiterate in order to include all forms of humanity in the country. The Rule of law is not only for those who are able to contend for it and they actually do that to preserve the status this was the ruling of the supreme court laid down under this particular case.[4]
Conclusion
Rule of Law doesn’t mean rule in step with law pure and straightforward, because such a law may itself be harsh, inequitable, discriminatory, or unjust. Rule of law connotes some higher reasonably law which is just and non-discriminatory. Constitutional values, like constitutionalism, absence of arbitrary power within the government, liberty of the people, an independent judiciary etc. are imbibed within the concept of Rule of Law. The Indian Constitution by and huge seeks to push Rule of Law through many of its provisions. as an example, Parliament and State Legislatures are democratically elected on the premise of adult suffrage. The concept of Rule of Law is on the absence of arbitrary power, and discretionary power, equality before Law, and legal protection to certain basic human rights, and these ideas remain relevant and significant in every democratic country even to-day. It is also true that dictated by the needs of practical government, a number of exceptions have been engrafted on these ideas in modern democratic countries, e.g., there is a universal growth of broad discretionary powers of the administration, administrative tribunals have grown; the institution of preventive detention has become the normal feature in many democratic countries.
References:
[1] Origin And Concept Of Rule Of Law (lawteacher.net)
[2] Pg. 9, Chapter 1, Introductory, MP Jain, Constitutional Law, ,8 th Edition
[3] Rule Of Law- Application Of The Doctrine- Detailed Overview-LAWNN
[4] Veena Sethi (Ms) v. State Of Bihar And Others | Supreme Court Of India | Judgment | Law | CaseMine
[1] Origin And Concept Of Rule Of Law (lawteacher.net)
[2] Pg. 9, Chapter 1, Introductory, MP Jain, Constitutional Law, ,8 th Edition
[3] Rule Of Law- Application Of The Doctrine- Detailed Overview-LAWNN
[4] Veena Sethi (Ms) v. State Of Bihar And Others | Supreme Court Of India | Judgment | Law | CaseMine
0 Comments