This article has been written by Adv. Aishwarya Sandeep.

The “Rule of Law” is a fundamental principle enshrined in the Constitution of India. Although the term “Rule of Law” is not explicitly mentioned in the Indian Constitution, the principles that uphold it are reflected in various provisions. The Rule of Law ensures that all individuals, including the government, are subject to and governed by the law, and that no one is above the law. Here are some key elements of the Rule of Law as embedded in the Constitution of India:

1. Supremacy of the Constitution: The Indian Constitution is the supreme law of the land. All laws and actions of the government must be in conformity with the provisions of the Constitution. Any law inconsistent with the Constitution is declared void.
2. Equality Before the Law: Article 14 of the Indian Constitution guarantees the right to equality before the law and equal protection of the laws to all individuals. This ensures that no person is discriminated against on grounds of religion, race, caste, sex, or place of birth.
3. Independence of the Judiciary: The Constitution establishes an independent judiciary to interpret and uphold the law. The judiciary acts as a guardian of the Constitution and has the power to review and strike down laws that violate the fundamental rights guaranteed by the Constitution.
4. Separation of Powers: The Constitution divides the powers of the government among the legislature, the executive, and the judiciary to prevent any one organ from becoming too powerful. Each branch of government is expected to function independently within its sphere of authority.
5. Judicial Review: The Indian judiciary has the power of judicial review, allowing it to examine the constitutionality of laws and government actions. If a law is found to be inconsistent with the Constitution, it can be declared unconstitutional and struck down.
6. Due Process and Fair Procedures: The Constitution ensures that no person shall be deprived of life, liberty, or property except by the due process of law (Article 21). It guarantees fair and just procedures in the administration of justice.
7. Access to Justice: The Constitution provides for the right to access justice and access to the courts. The concept of public interest litigation (PIL) allows citizens to seek legal remedies on behalf of those who cannot approach the court themselves.
8. Accountability and Responsibility: The Rule of Law holds the government and its officials accountable for their actions. They are required to act within the bounds of the law and can be held liable for any unlawful actions.

The Rule of Law is a fundamental pillar of Indian democracy, promoting transparency, fairness, and the protection of individual rights. It ensures that the country operates within a framework of rules and principles that apply equally to all, regardless of their position or status.