Introduction
Definition:
The principle that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced.
Concept:
Ensures equality before the law, restrictions on arbitrary exercise of power, and protection of individual rights and liberties.
Origin of the Rule of Law
The concept of the Rule of Law can be traced back to Sir Edward Coke in England, who stated that "the King must be under God and law."
Coke's assertion established the supremacy of law over the executive, emphasizing that even the monarch was bound by legal principles.
Coke's Principles of Rule of Law:
Absence of Arbitrary Power:
Restricts the exercise of power to prevent arbitrary actions.
Equal Protection of Law and Equality Before Law:
Ensures that all individuals are treated equally under the law, regardless of status or position.
Law as a Consequence of Rights:
Highlights that law does not create rights but rather serves to enforce the rights of individuals, adjudicated by courts.
Development of the Rule of Law by A.V. Dicey
Professor A.V. Dicey further elaborated on and developed the concept of the Rule of Law in his book 'Law and the Constitution' in 1885.
Dicey's Principles of Rule of Law:
Absence of Arbitrary Power:
Limits the use of power to instances where there is a clear breach of law, preventing arbitrary actions by authorities.
Equality Before Law:
Asserts that no individual is above the law, and everyone, regardless of status, is subject to the ordinary legal processes and jurisdiction of the courts.
Individual Liberty:
Emphasizes that individual liberties are safeguarded by judicial decisions, which establish and protect the rights of individuals in legal disputes brought before the courts.
Rule of Law and the Indian Constitution
Incorporated into the preamble as part of the basic structure.
Relevant Articles of the Constitution of India:
Article 13(2):
Emphasize upon laws to be in consistency with Part-III otherwise can be subject to power of judicial review Under Articles 32 and 226.
Article 14:
Right to Equality - Ensures equality before the law and equal protection of laws.
Article 21:
Right to Life and Personal Liberty - Protects personal liberty and emphasizes procedural fairness.
Article 32:
Remedies for Enforcement of Fundamental Rights - Provides for the right to move the Supreme Court for the enforcement of fundamental rights.
Article 50:
Separation of Judiciary from Executive - Emphasizes the importance of the separation of powers to uphold the rule of law.
Case Laws on Rule of Law in India
Kesavananda Bharati v. State of Kerala (1973):
Established the doctrine of basic structure, emphasizing the supremacy of the Constitution and limiting Parliament's power to amend it.
Maneka Gandhi v. Union of India (1978):
Expanded the scope of personal liberty under Article 21, emphasizing procedural fairness.
2. Introduction
• Definition: The principle that all individuals and
institutions are subject to and accountable to law that is
fairly applied and enforced.
• Concept: Ensures equality before the law, restrictions
on arbitrary exercise of power, and protection of
individual rights and liberties.
3. Origin of the Rule of Law
• The concept of the Rule of Law can be traced back to
Sir Edward Coke in England, who stated that "the King
must be under God and law."
• Coke's assertion established the supremacy of law over
the executive, emphasizing that even the monarch was
bound by legal principles.
4. Coke's Principles of Rule of
Law:
• Absence of Arbitrary Power: Restricts the exercise of power
to prevent arbitrary actions.
• Equal Protection of Law and Equality Before Law: Ensures
that all individuals are treated equally under the law, regardless
of status or position.
• Law as a Consequence of Rights:- Highlights that law does
not create rights but rather serves to enforce the rights of
individuals, adjudicated by courts.
5. Development of the Rule of
Law by A.V. Dicey
• Professor A.V. Dicey further elaborated on and developed the
concept of the Rule of Law in his book 'Law and the
Constitution' in 1885.
• Dicey's Principles of Rule of Law:
1. Absence of Arbitrary Power
2. Equality Before Law
3. Individual Liberty
6. Absence of Arbitrary Power:
• Limits the use of power to instances where there is a
clear breach of law, preventing arbitrary actions by
authorities.
7. Equality Before Law:
• Asserts that no individual is above the law, and
everyone, regardless of status, is subject to the ordinary
legal processes and jurisdiction of the courts.
8. Individual Liberty:
• Emphasizes that individual liberties are safeguarded by
judicial decisions, which establish and protect the rights
of individuals in legal disputes brought before the
courts.
9. Rule of Law and the Indian
Constitution
• Incorporated into the preamble as part of the basic structure.
• Relevant Articles of the Constitution of India:
1. Article 13(2)
2. Article 14
3. Article 21
4. Article 32
5. Article 50
10. Article 13(2): Emphasize upon laws to be in consistency
with Part-III otherwise can be subject to power of judicial
review Under Articles 32 and 226.
Article 14: Right to Equality - Ensures equality before the
law and equal protection of laws.
Article 21: Right to Life and Personal Liberty - Protects
personal liberty and emphasizes procedural fairness.
11. Article 32: Remedies for Enforcement of Fundamental
Rights - Provides for the right to move the Supreme
Court for the enforcement of fundamental rights.
Article 50: Separation of Judiciary from Executive -
Emphasizes the importance of the separation of powers to
uphold the rule of law.
12. Case Laws on Rule of Law in
India
Kesavananda Bharati v. State of Kerala (1973):
• Established the doctrine of basic structure, emphasizing the
supremacy of the Constitution and limiting Parliament's
power to amend it.
Maneka Gandhi v. Union of India (1978):
• Expanded the scope of personal liberty under Article 21,
emphasizing procedural fairness.
13. S.P. Gupta v. Union of India (1982):
• Upheld the independence of the judiciary and its role in
protecting the rule of law.
A.K. Gopalan v. State of Madras (1950):
• Highlighted the importance of due process and
protection against arbitrary detention.
14. Vishaka v. State of Rajasthan (1997):
• Addressed sexual harassment in the workplace, emphasizing
the obligation of the state to protect fundamental rights.
ADM Jabalpur v. Shivkant Shukla (1976):
• Considered a setback to the rule of law, where the Supreme
Court upheld the suspension of fundamental rights during
emergencies.
15. Conclusion
• The rule of law is a foundational principle ensuring
justice, equality, and accountability in society.
• Through constitutional provisions and landmark
judgments, India has strived to uphold the rule of law,
though challenges remain.
• Continual vigilance and adherence to the principles of
the rule of law are essential for the protection of
individual rights and the functioning of a just society.
