Introduction

Understanding the idea of the rule of law requires understanding that the state is ruled by the law, not by the ruler or the elected officials chosen by the populace. Although the term “Rule of Law” is frequently used by the Indian judiciary in its rulings, it is not defined anywhere in the Indian Constitution. The Supreme Court has ruled that the rule of law is one of the fundamental elements of the Constitution and thus cannot be changed, not even by a constitutional amendment. Rule of law is seen as a crucial component of effective government.

According to the rule of law, it is necessary for the populace to be ruled by established laws rather than by the rulers’ arbitrary judgements. For this reason, it is crucial to remember that any rules created should be universally applicable, generic and abstract, and recognised and certain. The fundamental quality of constitutionalism is the legal restraint on the executive branch. According to the notion of constitutionalism, rulers are not above the law since laws are passed by one body and implemented by another, and an independent court is in place to uphold the laws.

Rule of Law- An Overview

Meaning

Black’s Law Dictionary defines rule of law as the supremacy of the law in situations when decisions are made by following well-established rules or laws and where there is no use of discretion in doing so.

According to Lord Denning in the Gouriet v. Post Office Workers Union case,  No matter how strong or influential a person may be, the law will always be superior to them. “Legal dominance as a notion of governance of law rather than an idea of men,” is how Max Weber defined it.

Therefore, the core of the rule of law is that all actors, including people and government officials, should follow the law.

Origin

“The first proponents of the doctrine of the rule of law are believed to be Greek philosophers including Aristotle, Plato, Cicero. For instance Plato in his book known as ‘Complete Works of Plato’ is found to have written that the collapse of the state is not far where the law is made subjective to the authorities but the states where the law is considered as supreme all the blessings of the god falls on such state and it flourishes through all times.

The rule of law is an ancient ideal first posited by Aristotle, a Greek scholar, as a system of rules inherent in the natural order.

In England, Rule of law began sometimes around 1215 when King John of England signed the Magna Carta of 1215. The signing of Magna Carta indicated the consent of the Monarchy of England to be under the law and the law to be supreme. The doctrine of rule of law in England took a new look after the conflict between the parliament and monarchy or king aroused. In this conflict the parliament and the monarchy were struggling to be supreme authority. This conflict was resolved in favour of the parliament. After parliament became supreme over the monarchy it started making the laws which controlled and limited power of the monarchy. Hence executive organs in England became subjected to the law of the parliament and that was the beginning of the rule of law in England.”

In the modern sense, the most famous exposition of the concept of rule of law was given by Prof. Albert Venn Dicey in his book ‘THE LAW OF THE CONSTITUTION’ in respect to the powers which the government must exercise in accordance to the law. Rule of law consists of several basic principles which law and policy makers, judges and law enforcement agencies should consider while exercising authority in a democratic society. This means all duties, power and functions of government, including its organs and authorities are done in accordance with the law.

Dicey’s Concept of Rule of Law

As the leading proponent of the idea of the rule of law, it would be acceptable to address Dicey’s opinions. However, Sir Edward Coke was credited as the author of his doctrine. For the first time, he stated that “King is beneath God and the Law.” Albert Venn Dicey is responsible for laying down the foundation of the rule of law. Dicey expanded on Coke’s idea in his book Law and Constitution, published in 1885. According to Dicey’s thesis, which is founded on the idea that “a government should be built on principles of law and not of men,” the rule of law includes three pillars.

• Supremacy of Law

“The foundation of Dicey’s idea of the rule of law is this. It implies that everyone is subject to the law, including those who enforce it. Dicey claims that the rule of law is the absolute supremacy of the law over the arbitrary authority of the government. The individual may only be punished by the government in accordance with the law, not only by the government’s fiat.

Furthermore, Dicey argued that when the law is supreme, discretion has no place. He claims that discretion and arbitrariness are related. According to Dicey, when there is discretion, there is potential for the government to act arbitrarily and with discretionary authority, endangering the lawful freedom of the people.

• Equality before Law

Equality before the law is the second crucial tenet in Dicey’s idea of the Rule of Law. To put it another way, regardless of status or position, every individual is subject to regular law and the authority of the ordinary court, not any special court. He contends that the values of equality are threatened by special laws and courts. He believes that everyone should be subject to the same laws, which should also be decided by the same civil courts.

• Pre dominance of Legal Spirit

Predominance of the legal spirit serves as the third pillar in Dicey’s idea of the Rule of Law.” Dicey believed that there needed to be a body responsible for upholding the law, and he discovered the courts to be such body. He held the view that since the courts uphold the rule of law, they need to be independent of bias and outside pressure. Therefore, the judiciary’s independence is a crucial foundational element for the rule of law. He argued that the supreme guardian of a person’s basic rights is the legal system, not the written constitution.

Although Dicey’s theory has drawn criticism from a wide range of perspectives, its fundamental principle is that authority derives from law and should only be used in accordance with it. In essence, Dicey emphasises the lack of arbitrary power and discretionary power, equality before the law, and legal protection for fundamental human rights in his enunciation of the rule of law. These values are still important and vital in every democratic nation even now.

Rule of Law and Indian Constitution

Although the Indian courts have used this phrase in many of their rulings, the phrase “rule of law” does not have a definite definition under the Indian constitution. The adage “The King can do no wrong” is untrue in India, since all public officials are subject to the same laws and the jurisdiction of regular law courts. The Indian Constitution is supreme over the judicial system, the legislature, and the executive branch. These three governmental entities must conduct themselves in accordance with the values outlined in the constitution.

Another illustration that supported the concept of the Rule of Law in India is Article 13 of the Indian Constitution. If rules, regulations, bye-laws, and ordinances violate India’s constitution, they can be declared invalid under Article 13 of the Indian Constitution. The Rule of Law has been recognised by the Supreme Court as a fundamental aspect of the Constitution in Keshavananda Bharti v. State of Kerala. Although the Supreme Court supported the Parliament’s right to alter every article of the Constitution in this case, it also placed restrictions on that right by stating that it cannot be used to change the Constitution’s fundamental principles.

Article 19 of the Constitution, which grants many liberties to individuals, is another provision that adheres to the principles of the rule of law since it states that any restrictions on these freedoms must be justified and supported by Articles 14, 19, and 21 of the Constitution. “These three articles are so crucial to the functioning of the Indian Constitution that they are frequently referred to as the Golden Triangle Articles. The Supreme Court ruled in E.P. Royappa v. State of Tamil Nadu  that the state must adhere to all the conditions outlined in Articles 14, 19, and 21 in order to justify its action of restricting a basic right.”

Conclusion

The essential tenet of government in every civilised democratic nation is the rule of law. It is the opposite of being arbitrary. India is a democratic nation that takes pride in its legal system. A procedure is followed when a crime is committed. The suspect is taken into custody pending legal action. Questions are asked of suspects. Information is gathered. There are interrogations going on. A case is developed. The testimony and evidence are examined by the court. The accused is entitled to a defence in court. “Respecting the law is the real cornerstone of a democratic society. Without it, the term democracy is meaningless.”

REFERENCES

Books 

• Dr. Mahajan V.D., Jurisprudence and Legal Theory, 5th Edn., Eastern Book Company, Lucknow, 1993.
• Dr. Tripathi B.N. Mani, Jurisprudence The Legal Theory, 19th Edn., Allahabad Law Agency, Faridabad, 2013.

Journals

• Pound Roscoe, Harvard Law Review, Jun., 1911, Vol. 24, No. 8 (Jun., 1911), pp. 591-619.
• Brian Z. Tamanaha, John S. Lehmann University Professor, Legal Studies Research Paper Series Paper No. 19-03-01, Washington University in St. Louis School of Law, March 2019. 
• Bhardwaj Arunesh & Agarwal Anshika, Indian Law Embracing Sociological Jurisprudence: A Detailed Study, International Journal of Law and Legal Jurisprudence Studies: ISSN:2348-8212 Volume 2 Issue 3.

Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com

Join our  Whatsapp Group for latest Job Opening