This article has been written by Ms. Shreya Bhattacharya, a 2nd year BBA LL. B student at Adamas University, Kolkata.
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 therefore cannot be changed, not even by a constitutional amendment. Rule of law is regarded 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, general and abstract, and recognized and certain. The fundamental quality of constitutionalism is the legal restraint on the executive branch. According to the concept of constitutionalism, rulers are not above the law because laws are passed by one body and implemented by another, and an independent court is in place to uphold the laws.
Rule of Law- Concept and Meaning
Sir Edward Coke, the Chief Justice during the reign of James I, is credited with creating the idea of the rule of law. The idea of the rule of law has a long history. Around 350 BC, Greek philosophers like Plato and Aristotle addressed the idea of the rule of law.
The term “Rule of Law” is derived from the French phrase “la principe de legalite,” which denotes a legality principle. By this statement, a government is founded on legal principles rather than those of men.
Aristotle highlighted how the principles of justice, fairness, and inclusivity serve as the foundation for the concept of the rule of law. Rule of law today covers a complex web of essential principles, including uniformity, transparency, and accountability in administrative law, as well as equality before the law, equal treatment under the law for the government, and judicial independence.
Rule of law simply means that no one is above the law and that everyone is subject to the jurisdiction of regular courts of law, regardless of their position or status. India adopted the idea of the “rule of law,” which is an English concept. No one should be treated arbitrarily or harshly, according to the idea of the rule of law. The term “law” in the phrase “rule of law” refers to the requirement that no man or ruler may reign over another man or society, but only the law. Thus, according to Article 13 of the Indian Constitution, the term “rule of law” refers to the law of the land.
Rule of Law- Dicey’s Concept
This notion of Coke was created by Professor A.V. Dicey in 1885, and he presented three postulates or principles in his renowned work, Law and the Constitution.
The three pillars of the rule of law, according to Dicey’s thesis, are founded on the idea that “a government should be built on principles of law and not of men,” and they are as follows:
- Supremacy of Law;
- Equality before the Law; and
- Predominance of Legal spirit.
Supremacy of Law
According to the first premise, the rule of law is defined as the absence of arbitrary behaviour or broad discretionary authority. To put it simply, it should be ruled by legislation for every man. Dicey claimed that English men were subject to the law and the law alone, as well as when there is leeway for the arbitrary rule, and that under both a republic and a monarchy, the use of government discretion must result in a lack of security for the people’s right to legal freedom. The rulers must not have much discretionary authority for them to be subject to existing laws rather than enact their own.
Equality before Law
The second Dicey principle emphasizes that everyone is equal before the law, regardless of their position or status, and that all classes are equally subject to the common law of the state to be administered by the common law courts. However, such an aspect is mistaken and in the criticism phase. According to Dicey, all classes must be equally subject to the common law of the land or have equality before the law. He also attacked the French Droit Administrative legal system for having two tribunals to decide state officials’ cases and people separately.
Predominance of Legal Spirit
According to Dicey’s third principle, decisions made by the Indian judiciary that decide to file private person’s rights in individual situations result in the general principles of the Indian Constitution. According to him, numerous state constitutions grant residents specific rights, including the right to personal liberty and freedom from arrest.
These rights can only be made available to the public once they are legitimately enforceable in courts of law. Every decision made by the administration must have legal support and be carried out in line with the law, according to Dicey’s definition of the rule of law. The idea of the rule of law in modern society opposes the practice of giving the government arbitrary powers, assures that everyone is bound by the common laws of the land, and denotes that no administrative action may take away a person of his or her rights and liberties.
Rule of Law under the Indian Constitution
Rule of law has been crucial in the development of Indian democracy. The United States and England were the two options available to the Constitution’s framers at the time. A few of the rules were taken directly from the USA, while others came from England.
Our founding fathers took the rule of law from England and incorporated many of its principles into the Indian Constitution. No one is thought to be superior than the Indian Constitution, which is regarded as being paramount. The preamble also makes reference to the rule of law, and Part III of the Indian Constitution explicitly states this idea. Under Articles 32 and 226 of the Indian Constitution, a person may petition the Supreme Court or a High Court if their rights have been violated. Justice, equality, and liberty are three legal ideals that are infused into the Indian Constitution. Any law passed by either the Central or State governments must be upheld in accordance with Indian Constitution. Any law passed by the legislature that is in violation of the Constitution’s provisions would be deemed invalid.
What is the Role of Indian Judiciary?
The idea of the rule of law has been addressed and revealed in numerous instances. Here are a few examples of the cases:
- ADM Jabalpur v. Shivkant Shukla– It is often referred to as the “Habeas Corpus case.” It is one of the most significant cases in terms of the rule of law. Whether there was any other kind of rule of law in India except Article 21 of the Indian Constitution was the question put to the Honorable court. The suspension of the application of Articles 14, 21, and 22 was related to the declaration of an emergency.
- Som Raj v. State of Haryana– According to the ruling in this case, the presumption of the rule of law—upon which the entire constitutional structure is predicated—is the lack of arbitrary power.
- Keshvananda Bharti v. State of Kerela – The Supreme Court emphasized the importance of the doctrine of basic structure’s concept of the rule of law.
- Maneka Gandhi v. Union of India – The Supreme Court ruled that Article 14 prohibits arbitrariness in this case.
Conclusion
It is clear from the explanation above that the Rule of Law is the best means of achieving the goal of legal supremacy. The court, which links the application of the law with peoples’ human rights, also makes some attempts. The court is developing a plan by which it can compel the government to build the capacity of its citizens to exercise their rights in a proper and meaningful manner, as well as to comply with the law.
References:
- https://www.legalserviceindia.com/legal/article-719-rule-of-law.html
- https://lawcorner.in/rule-of-law-indian-constitution/
- https://blog.ipleaders.in/rule-law-relevance/
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