This pdf elaborates the concept of rule of law in Indian Constitution

1. RULE OF LAW WITH SPECIAL REFERENCE TO
INDIAN CONSTITUTION
Submitted By: -
Ananya
LLM 1st Year
23231500017

2. Meaning of Rule of Law
 Rule of law means principle of legality prevailing in the governance of the democratic
country. In other words principles of law should be a vital principle for the governance of a
democratic country.
 Sir Edward Coke propounded the doctrine of Rule of Law during the reign of King James
I. He established that king is under the god and law.
 Subsequently, A.V. Dicey explained the three postulates of the Rule of Law in his book in
the year 1885 entitled ‘The Law of the Constitution.
 Those three postulates are: - 1. Supremacy of Law
 2. Equality before Law
 3. Pre-dominance of Legal Spirit

3. Supremacy of Law
 Supremacy of Law is absence of discretionary powers.
 Rule of law means absolute supremacy or predominance of regular law as opposed to the
influence of arbitrary power and excludes the existence of arbitrariness.
 A.V. Dicey asserted that where there is discretion, there is room for arbitrariness.

4. Equality before law
 Equality before law means everyone is equal in the eye of law, no one is above the law.
 Under this postulate Mr. Dicey criticised the French legal system of Droit Administratiff.
 This postulate is based on maxim “however high you may be, law is above you”.
 Law should not discriminate against people on the basis of race, gender, creed, social
background and so forth.
 It should be applied equally to ordinary citizens as well as to government officials.
 There is complete absence of any special privileges for a government official or any other
person.

5. Predominance of Legal Spirit
 This is also known as Judge Made Laws.
 In many countries rights are guaranteed by a written Constitution but in England rights of
the citizens recognised by the Constitution are the result of judicial decision in particular
cases which have actually arisen between the parties.
 Common law of Britain is the source of fundamental freedoms of the people. And the
Constitution was not the source but consequence of the rights of the individuals secured in
the judicial decisions in concrete cases.

6. Merits of Rule of Law
 Following are merits of rule of law: -
 With the help of check and balance system Rule of Law confines the arbitrary action taken
by administrative authority.
 Because of Rule of Law no wide discretionary power exercised by administrative
authorities.
 Rule of Law is touchstone to test all the action taken by administrative authority. It helps in
testing the purity of objective behind actions taken by authorities.
 Rule of Law is accepted by all legal action in the democratic countries as a constitutional
safeguard.

7. Demerits of Rule of Law
 Supremacy of Law: - The rule of law propounded by Dicey talks about supremacy of law.
That means presence of legality or regular law with absence of discretionary power, wide
discretionary power as well as privileges. But in a modern welfare state presence of
discretionary powers under guiding principle is essential.
 Equality before law: - A.V. Dicey propounded second postulate of rule of law i.e. equality
before law but there is no mention of concept of equal protection of law that means there is
no place for the depressed section of the society in the doctrine of Rule of Law propounded
by A.V. Dicey.

8. Rule of Law in Indian Constitution
 PRE-CONSTITUTION PERIOD: -
 The concept of ‘Rule of Law’, in its ordinary sense of supremacy of law, had its roots in
India from the very beginning of India’s civilisation.
 In ancient times, the Rule of Dharma prevailed in the form of Dharma Sashtras or Neeti
Sashtras.
 Even the king was under the Rule of Dharma and was not exempted from it. Upanishad
states that: “Law is the King of Kings”.

9. Continued
 POST-CONSTITUTIONAL PERIOD
 Rule of law in its modern concept was fully recognised and incorporated in India after
independence when in 1950 the Constitution of India was made the supreme law of the
land. The Constitution embodies the concept of rule of law to its fullest extent.
 Bachan Singh v. State of Punjab (AIR 1982 SC 1336)
 The Supreme Court in this case held that the rule of law permeates the entire fabric of the
Indian Constitution and indeed forms one of its basic features.
 State of Haryana v. Bhajan Lal (AIR 1992 SC 604)
 In our democratic polity under the Constitution based on the concept of ‘rule of law’ which
we have adopted and given to ourselves and which serves as an aorta in anatomy of our
democratic system, the law is supreme.

10. Continued
 Provisions related to Rule of Law in the Constitution of India: -
 Preamble: - The Preamble of the Constitution sets out the different aspects of rule of law
when it lays down the ideals and objectives of the constitution i.e., social, economic and
political justice; equality of status and opportunity; and fraternity and dignity of individuals
in India.
 Supremacy of the Constitution (Article 13): - The Constitution has been made the
supreme law of the country and other laws are required to be in conformity with the
Constitution.
 Fundamental Rights: - These rights have been guaranteed against the State and its
instrumentalities. Article 14, 19 and 21 represent the foundational values which form the
basis of the rule of law.

11. Continued
 Equality (Article 14): - The equality aspect of the rule of law is provided in Article 14
which provides for equality before the law. It implies the absence of any special privilege
in favour of any individual. It ensures that all are equal before the law. Article 14 strikes at
arbitrariness in State action because an arbitrary action will involve negation of equality.
 Enforcement of fundamental rights (Articles 32 and 226): - The Constitution does not
only establish the rule of law, but also provides for its protection and enforcement.

12. Judicial Trend on the Rule of Law
 A.K. Kraipak v. Union of India (AIR 1970 SC 150)
 The Supreme Court in this case observed that Rule of Law runs like a golden thread
through every provision of the Constitution and indisputably constitutes one of its basic
features, which requires that every organ of the State must act within the confines of
powers conferred upon it by the Constitution and the law.
 Indira Nehru Gnadhi v. Raj Narain (AIR 1975 SC 2299)
 The Supreme Court in this case unanimously held that the 39th Amendment was violative
of Rule of Law.
 Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461)
 The rule of law was considered as an “aspect of the doctrine of basic structure of the
Constitution which even the plenary power of Parliament cannot reach to amend.

13. THANK YOU