This document discusses the rule of law according to A.V. Dicey, including the absence of arbitrary power, equality before the law, and individual liberties. It compares the rule of law in the UK, USA, and India. In India, the rule of law means prohibiting what is arbitrary and unfair. The existence of the rule of law in India is proven by the separation of powers, fundamental rights like Article 21, judicial independence, and judicial review, as seen in cases like Bachan Singh v. Union of India and ADM Jabalpur v. Shivkant Shukla. These cases established that the rule of law excludes arbitrariness and unreasonableness and seeks to balance individual liberty

1. Constitutional Law of India - 1
Module 1
Topic 3
Rule of Law
By Gagan K

2. Rule of Law
• Doctrine as explained by A.V. Dicey (1855) while
speaking about British Constitution:
– 1. Absense of arbitrary power
• No man punished except for breach of law
• If a man breaches a law, he shall be punished as per the
procedure of law
• Limited discretion for the organs.
• More the discretion, more arbitrariness
– 2. Equality before law
• All are equal
• No one above the law
– 3. Individual liberties
• Rights, freedoms, right to speech, Fundamental rights.

3. Comparing other countries
• In USA, rights are expressly mentioned
and hence “rule of law” exists
• In UK, judge made law, evolved and the
principles of “rule of law” are “recognised”
by the courts.
• In India, rule of law exists
– But has no fixed meaning
– Rule of law in India means, that which is
arbitrary and unfair

4. Proof of existence of rule of law in
India
• Proof:
– Separation of powers
– FRs – especially Art. 21
– Judicial Independence
– Judicial Review
• Cases:
– Bachan Singh v. Union of India (AIR 1982 SC 1325)
– DC Wadhwa (AIR 1987 SC 579)
– ADM Jabalpur v. Shivkant Shukla (AIR 1976 SC
1207)

5. Cases
• Bachan Singh v. Union of India (AIR 1982
SC 1325)
– Bhagwati J said “rule of law excludes
arbitrariness and unreasonableness”
• DC Wadhwa (AIR 1987 SC 579)
– Principle of rule of law was invoked to decry
(disallow) the frequent abuse of ordinance
making power

6. Cases
• ADM Jabalpur v. Shivkant Shukla (AIR
1976 SC 1207)
– SC said “rule of law is antithesis of
arbitrariness
– Rule of law seeks to maintain balance
between individual liberty and public order

7. Constitutional Law of India slides by Gagan
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