of India, the precursor of the new Indian renaissance, became effective on January 26, 1950.54Before the advent of the Constitution, India was governed under the Government of India Act, 1935, which became effective in 1937. India was then a part of the British Empire; sovereignty of the British Crown prevailed over the country and it was in the exercise of this sovereignty that the British Parliament had enacted the Act of 1935. Only two major features of the Act need be mentioned here. First, the Act conferred only a very limited right of self-government on the Indians. The executive authority in a Province was vested

1. Topic: Critical Analysis of Rule of Law
BY: EVELYN M LAISHRAM
LLM 1ST SEMESTER
MANIPUR UNIVERSITY

2. What is Rule of Law?
•The rule of law, in its most basic form, is the
principle that no one is above the law.
•Derived from the French phrase ‘la principe de
legalite’ meaning a government based on principles
of law and not of men.
•Men are ruled by law and not by men
•Everyone follows the law and equal law applies to
everyone

3. Features of Rule of Law
1. The authorities while exercising their powers are not allowed to
act according to their whims and fancies.
2. No person can be punished or made to suffer, unless and until
he has committed the breach of law.
3. Everyone is equal before the law, i.e. law cannot be based on a
class of persons.
4. It is universal in its application and has been the part and parcel
of most of the legal systems in the world.
5.A person can be punished only if he is charged of committing a
crime and that charge is proved by an independent tribunal like
that of a court

4. POSTULATES OF RULE OF LAW
Prof. A.V. Dicey, in his book Law and the Constitution developed
three principles or Prostulates of Rule of Law:
1. Supremacy of law
2. Equality before law
3. Predominance Of Legal Spirit

5. Rule of Law in U.S Constitution
America adopted the concept of Rule of Law from medieval England.
Three basic principles of the American Constitution:
1. The government to be politically responsible to both the state and the
people who are governed by it.
2. Constitution is established by the people and not by the government.
3. Political supremacy and identification of all laws with the legislature are
hostile to the American Constitution as it declares it be the supreme law of
law.

6. Rule of Law in Indian
Constitution
1. In India, the Constitution is considered to be supreme and no one is above it. Rule of Law found in
Part III of the Constitution.
2. The Indian Constitution is supreme than the three wings of it, i.e. Parliament,
Executive and Judiciary. It is enriched with justice, equality and liberty.
3. Article 14 of the Constitution provides Equality before Law and Equal Protection of Law.
Fundamental Rights are available to every citizen of India and when an individual faces violation of
such rights then he can approach Supreme Court or High Court under Article 32 and 226 of the
Constitution of India.
4.According to Article 32 of the Constitution, the Supreme Court has the power to issue writs namely
Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari. The power of judicial review
also comes in the hands of Supreme Court in order to preserve Rule of Law and to prevent any ultra
vires laws

7. Exceptions to ‘Rule of Law’
1. President and Governors are provided with
some immunity through Articles 361, 361(2),
361(3) and 361(4) of the Indian Constitution.
2. Immunity to Foreign Diplomats.
3. Immunity to Supreme Court and High Court
Judges including Article 121 of the Indian
Constitution which
restricts the discussion on the conduct of such
judges in Parliament.
4. Few laws of land namely maintenance of
Internal Security Act (MISA) and National
Security Act, 1980
(NSA).

8. Conclusion
The concept of Rule of Law, although not perfect, has been
adopted by many countries as it evolved through the years
and by taking charge of the administrative powers and
understated them with their measures. The government
under the guidelines of rule of law makes rules and conditions
which does not intercept with any individual dignity. Rule of
Law makes it possible for the government to fulfill the gap
between poverty and liberty. Thus, rule of law is the best tool
to achieve supremacy of law.

9. END