Rule of Law

INTRODUCTION

Law is the set of principles of what is right and what is wrong as per the society; the developing societies from time to time are developing laws, so as to define the difference between the right and the wrong.

It was Sir Edward Coke back in 17^th century who has first come up with the concept of ‘equality of all’; he explained that ‘everyone is equal before the law and the same should be abided without fail’. Later, Aristotle has developed the concept; finally it was A. V. Dicey in late 18^th century who named this concept as ‘ Rule of Law’ and further developed it; this concept has been ever since then adopted by different legal systems.

Now, all most all the legal systems of the world have included this concept in their laws and rules, Indian Legal system being one of them. The rule of law has not been defined anywhere in any of the laws; however many articles and provisions of the Indian Constitution, which is the grundnorm of India; have imbibed this concept within themselves.  For example: Article 14 under Part III, which is one of the fundamental right of the citizens of India is one of the most vocal provision that imbibes rule of law; as it gives the right to treated equally to each and every citizen without any discrimination.

Let us now try to understand the basics of A. V. Dicey’s Rule of Law.

ELEMENTS OF RULE OF LAW & RELATION TO INDIAN CONTEXT

‘Rule of law’ as defined by A. V. Dicey is made up of three essential elements[1]. They are

1. Absence of arbitrariness/ Supremacy of Law

The first element of Rule of law is that there should be no arbitrariness. This element is directed towards the functioning of the government. The government can be arbitrary in dealing with the citizens, and the law should be such that there is no scope for such arbitrary dealing.

It was first time in the case of E. P. Royappa vs. State of Tamil Nadu[2]; that the Indian Courts have explicitly stated the ‘doctrine of arbitrariness’. The Hon’ble Supreme Court in this case has held that ‘to safeguard the rights of citizens under Article 14 of constitution; along with reasonability, it is necessary that any distinction between the citizens is not arbitrary. The word arbitrary would mean that the decision of the authorities is on basis of a class legislation i. e., holding one group at a different stature than the other so as to confer undue privileges.’  

Since, then a number of rules and laws have been laid down to ensure that there is no arbitrariness on the part of the authorities.

• Equality before Law

The second element ensures equality in all circumstances. Article 14 of the Constitution reads into not only ‘equality of law’, but also ‘equality before law’. This is the preservation of one of the important fundamental rights in our constitution.

The Hon’ble Supreme Court in the case of Stephen’s college vs. University of Delhi[3], has explained that ‘Article 14 draws a positive obligation upon the state to ensure that the two-fold manifests of ‘equality of law’ and ‘equality before law’ are protected.’

There by Indian Legal System imbibes this element of Rule of Law as well.

• Predominance of law of land 

This final element of Rule of law explains that the law of land should be upheld always. In India, the Constitution is known as the law of the land and so is above all other legislations. Article 13 of the constitution provides that any law that is inconsistent with the constitution and in specific the part III, so far to the extent of contravention shall be void.

This article of the constitution ensures the fulfilment of the third element of Rule of Law in the Indian Legal System.

CONCLUSION

There by the Indian legal system though has not defined the concept of rule of law; has adapted this underlying concept. In the famous ruling of Kesava Nanda Bharathi vs. State of Kerala[4], the Supreme Court has laid down the ‘basic structure doctrine’ that is of permanent stature and that part of law that cannot be amended; one of the components of the doctrine is the ‘supremacy of the constitution’; this principle is rooted back to the Rule of law and its elements.  Adoption of this concept has bought the Indian laws on similar footing with the International laws and legal justice principles around the world.

REFERENCES

(Article 13 in The Constitution Of India 1949, n.d.)

(Article 14 in The Constitution Of India 1949, n.d.)

(CONCEPT OF RULE OF LAW, n.d.)

(Development of the Rule of Law, n.d.)

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[1] (Rule of Law – A Reflection upon We the People and Beyond, n.d.)

[2] (1974) 4 SCC 3

[3] 1992 AIR 1630

[4] (1973) 4 SCC 225