This article has been written by Ms. Ayushi Notani, a 1^st year law student pursuing  BBA.LLB(HONS) from Vivekananda Institute of Professional Studies.

INTRODUCTION

In the words of the UN Vienna Declaration of 1993 “human rights are universal, indivisible, interdependent and interrelated and therefore should be protected and promoted in a fair and equitable manner by something as fundamental and all pervasive as the rule of law. In the present day context where incidences like encounters and mob lynching have started to become obvious for people it gets necessary to indicate what importance the rule of law has in such situations.

The term “Rule of Law” is derived from the French phrase ‘La Principe de Legalite’ (the principle of legality) which refers to a government based on principles of law and justice as opposed to the arbitrariness of a ruler. “If Rule of Law is not present in any nation anarchy reigns. People must be made aware of the importance of Rule of Law. The duty falls especially on lawyers, judges, professors to make people aware of the importance of Rule of Law”- Former Chief Justice Of India N.V.Ramana

MEANING OF RULE OF LAW

In a broader sense “Rule of Law” means that law is supreme and is above every individual . No individual whether he is rich, poor etc are above law and they should obey it. The principle of rule of law is intended to be a safeguard against arbitrary actions of the government authorities. The rule of law has been described as a “rare ad protean principle of our political tradition”. It is of old origin and is an ancient ideal. The concept of rule of law is very dynamic concept. In simple terms, Rule of law is the restriction on the arbitrary exercise of power by subordinating it to well-developed and established laws. Law should govern the nation and not the arbitrary decisions by individuals. Thus, rule of law embodies the doctrine of the supremacy of law. The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups.Rule of law imposes a futy on all citizens in a parliamentary democracy to obey the law and for such obedience the law itself must be just law and not arbitrary or oppressive law. 

ORIGIN OF THE RULE OF LAW

Rule of Law can be dated back to the 13^th century A.D. when Henry De Bracton, a judge in the reign of Henry III said that the king ought to be subject to god and law as it is the law which has made him king . However, he did not use the phrase rule of law, therefore the credit of originating the concept of rule of law has been bestowed upon Edward Coke who said that the king must be under god and law and thus vindicated the supremacy of law over the pretensions of the executives. 

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

In the United States of America(U.S.A) the doctrine of rule of law was first introduced in 1776 by the constitutional lawyers known as Paine.

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. 

DICEY’S CONCEPT OF RULE OF LAW

According to Dicey’s theory, rule of law has three pillars based on the concept that “a government should be based on principles of law and not on men”, these are-

1. SUPREMACY OF LAW= Rule of law stands for absolute supremacy of law. No person, irrespective of his position whether he is a common man or government authority is bound to obey the law. No one should be punished except for the breach of law and that the alleged offence is provided before the ordinary court following the due procedure. 
2. EQUALITY BEFORE LAW= It means the equal subjection of all class of people to the law of the land administered by the ordinary courts. No man is above the law and would be treated equally in the eyes of law irrespective of their pedestal in life. 
3. JUDGE MADE CONSTITUTION=He was against providing rights such as the Right to Personal Liberty, Freedom etc in the written constitution of the country. The constitution is not the source but the consequence of the rights of the individuals.

EXCEPTIONS TO RULE OF LAW

1. ‘Equality of law’ does not mean that the powers of private citizens are the same as the powers of public officials .
2. The rule of law does not prevent certain classes of persons from being subject to special rules.
3. Ministers and other executives bodies are given wide discretionary powers by the statute.
4. Certain members of the society are governed by special rules in their professions like lawyers, doctors etc.

VIOLATION OF RULE OF LAW IN SOME INSTANCES

The malicious practice of honor killing is prevalent in the Indian Society particulary in the northern parts of the country. This practice includes the murder of a member of a family due to the belief of the perpetrators that the victim has brought shame or dishonor upon the family. By violating the principles of a community or a religion, usually for reasons such as divorcing or separating from their spouse or for engaging in inter-caste marriage. 

1. HONOUR KILLING= Choice of women in choosing her partner in life is a legitimate constitutional right. It is founded on individual choice that is recognized in the constitution under Article 19 and such a right is not expected to succumb to the concept of “Class Honour” or “Group thinking”. It is because the sense of class honour has no legitimacy even if it is practiced by the collective under some kind of a notion.
2. MOB LYNCHING= Nother evil practice pertinent in the society is that of mob lynching. Lynching, a form of violence in which a mob, under the pretext of administering justice without trial, executes a presumed offender, often after inflicting torture and corporal mutilation. The term lynch law refers to a self- constituted court that imposes sentence on a person without due process of law.   

INDIAN CASE LAWS

1. ADM JABALPUR V. SHIVKANT SHUKLA,1976 = This case is popularly known as “Habeas Corpus case”. It is one of the most important case when comes to rule of law. It was a landmark judgment pertaining to the suspension of Article 21 of the Indian Constitution in the event of National Emergency. 
2. KESHVANANDA BHARTI V. STATE OF KERELA 1973 =  In this case, the Supreme Court enunciated the concept of rule of law as one of the most important aspects of doctrine of basic structure. 
3. INDRA NEHRU GANDHI V. RAJ NARAYN = In this case 39^th amendment to the Constitution was challenged which has placed the election of President, Speaker of Lok Sabha , Vice-President,Prime Minister in the court of law. Holding the amendment as unconstitutional Chief Justice Ray found the amendment as violative of the basic structure of the Indian Constitution. According to the court, Rule of law is a part of basic structure of the Indian Constitution.
4. MANEKA GANDHI V. UNION OF INDIA = In this case Supreme Court declared that Article 14 strikes against arbitrariness. 
5. SP SAMPATH KUMAR V. UNION OF INDIA=The Supreme Court held that judicial review under Article 226 and 32 form basic structure of the Indian Constitution and cannot be taken away even  by Parliament.

CONCLUSION

The above mentioned case laws clearly states the evolution in the concept of rule of law in India.The basic principles of rule of law are not followed  stricto sensu in the Indian context. It has modified the application of rule of law from time to time to meet the exigency of the situation. Rule of law is the fundamental principle of governance in any civilized democratic country. It is the anthithesis of arbitrariness. A democratic country like India prides itself on the rule of law. When a crime is committed a process is followed. The fundamental principle of the rule of law is that every human being, even if he is a criminal, is entitled to basic human rights and due process. Encounter killings are the complete denial of such due process which forms the essential part of rule of law. Observing rule of law is the true basis of a democratic society. Without it democracy is nothing but an empty phrase. In all matters such as the protection of the rights of the people, equal treatment before the law, protection against excessive arbitrariness, the Constitution of India has provided enough mechanisms to ensure that the Rule of Law is followed everywhere in India. 

REFERENCES

www.blog.ipleaders.in

https://byjus.com

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