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SCHOOL OF LAW

Research Paper
On

Rule of Law

Submitted by:
Sahil Singh
BBA LL.B.- B
PRN:1182230144

Submitted to:
Rifa Sabnaq
Assistant Professor, MIT-WPU, Pune
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Title Page No.

Title Page 1
Abstract 3
Introduction 4
Origin 5
Meaning and Concept 7

Rule of Law in Indian Constitution 9

Modern Sense 11
Conclusion 12
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Abstract

Administrative law is a separate area of law or academic discipline, but in the

last several years, it has gained official acceptance as a relevant area of study
for attorneys and law students. In order to combat the spread of administrative
law, the English people used Dicey's Concept of Rule of Law as a weapon in
order to recognize their independence. The "rule of law" is a fundamental
concept in our modern democratic society. The Indian Constitution does not
define this term, despite the fact that the Indian judiciary regularly uses it in its
ruling a free and civil society requires the existence of "rights" and "powers"
between individuals as well as between individuals and the state. The "rule of
law" is a theory of "state political morality" that maintains the "right balance"
and is neither a "rule" nor a "law." The realization of one's natural rights is the
result of thousands of years of human endeavor. The principal objective of this
paper is to present a comprehensive examination of the "rule of law," with
particular attention to its origins, traits, position within the constitutions of the
United States and India, tenets, and limitations. There you have it, the final
conclusion of the paper. Many publications, papers, and books were carefully
considered and cited during the creation of this study report. Further aiding
this process has been the internet. This report was therefore generated by the
Doctrinal Research Methodology.
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INTRODUCTION:

Underpinning the operation of a fair and democratic society is the fundamental

idea of the rule of law. A fundamental principle that maintains the functioning
of a fair and democratic community is the separation of powers of law. It
suggests that everyone is subject to the law and obligated to abide by it,
including governmental organizations and institutions. The rule of law is
required to create a fair and tranquil the community where justice is
maintained and the rights of everyone are protected.

ORIGIN: The rule of law is the product of humankind's millennium-long

struggle to have its inherent rights acknowledged. The idea is very old, having
been studied as far back as 350 BC by Aristotle and Plato, two Greek
philosophers. The idea changed how many writers saw and understood the
rule of law, which in turn changed societal perceptions. The rule of law is
defined by Plato as "it is the ultimate in nature and not anyone is above the
law." According to Aristotle, law ought to be the State's supreme authority. The
concept that the King is perpetually subject to the law was first presented by
German customary law, which developed as a separate source of legal power
during the Middle Ages. According to the philosopher John Locke, the
government followed the letter of the law.
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Features of Rule of Law:

1. The rule of law is adhered to when the government, in the exercise of its
authority, is prohibited from acting in accordance with its whims and
fancy.

2. Someone cannot be punished or subjected to suffering under the Rule of

Law unless and until they have broken the law.

3. The Rule of Law states that all people are equal prior to the law and that
laws may not be determined by a group of people.

4. Rule of Law is essential bedrock of most of the democracies as it is

universal in its application and also it has been the part and parcel of
most of the legal systems in the world.

5. A person can only be punished in accordance with the Rule of Law if he is

accused of engaging in an offense and that accusation is supported by an
impartial tribunal, such as a court.
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Meaning and Concept of ‘Rule of Law’: A cornerstone of the

modern democratic republic is the concept of "the supremacy of law." This
term has no definition in the Indian Constitution, but the Indian judiciary
regularly employs it in its decisions. A "rule of law" is more of a concept of
"state political morality" than a practical regulation, with the goal of
maintaining a "appropriate balance" among the "rights" and "powers" among
people and the authorities, as well as between people and the state. Society's
liberty and decorum are made possible by this. It is law that establishes the
"correct balance," based on principles of liberty, justice, equality, and
responsibility. Thus, in balancing societal and individual demands, the Rule of
Law succeeds.

The phrase "rule of law" comes from the French phrase "la the Principe de
legality," which means a government founded on the legal principles. Edward
Coke is one person who is recognized for having originated the concept of the
rule of law.
According to him, the King has to submit to both God and the law. Three key
points about the "Rule of Law" were made by Edward Coke. First and foremost,
the Rule of Law is necessary to guarantee that the Crown does not exercise
authoritarian rule; second, it prevents the Government from acting arbitrarily;
and third, it is necessary to safeguard Individuals and their Rights.

Objects based on Edward Coke’s Theory of “Rule of Law” are-

1. Limiting the government's ability to impose authoritarian control.

2. To exclude arbitrary authority of Government.

3. Equal application of laws and orders irrespective of status/rank etc

4. To do things in legally right way

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5. Protection of Individuals and their Rights.

6. Law is Supreme

7. Administrative actions can be questioned by law.

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Rule of Law in Indian Constitution:

The Rule of Law has been a major factor in the development of Indian
democracy. When crafting the Constitution, its drafters took inspiration from
both the United States of America and England for some of its provisions. Many
of the principles of the Rule of Law are found in the Indian Constitution, which
was introduced to the country by our forefathers. Everyone believes that the
Indian Constitution is the ultimate law and that no one is above it. The
Preamble of the Indian Constitution clearly outlines the principles of the Rule
of Law contained in Part III. The Indian Constitution is the supreme authority
for the three arms of government in India: the judiciary, the legislature, and the
executive branch. It has been strengthened by justice, equality, and freedom.
Article 14 of the Constitution guarantees equal protection under law and
equality before the law. The fundamental rights outlined in Articles 13, 14, 15,
19, 21, 22, 25, 28, and 31A belong to every Indian citizen. The Indian
Constitution's Articles 32 and 226 permit anyone who feels their rights have
been infringed to file an action with the Supreme Court of India or a High
Court. All laws in India, whether federal or state, are subject to constitutional
interpretation and must be followed in order to avoid being declared invalid.
According to Article 32 of the Constitution, the Supreme Court has the
authority to grant writs, including Habeas Corpus, Mandamus, Prohibition, Quo
Warranto, and Certiorari. The Supreme Court is also empowered to carry out
judicial reviews in order to safeguard the Rule of Law and thwart any laws that
exceed its bounds.

Basic Principles on Rule of Law-

1. Law is supreme, above everything and everyone. Nobody is above law’

2. All things should be done according to law and not according to whims
and fancies.
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3. No person should be made to suffer except for a distinct breach of law.

4. Absence of arbitrary power being heart and soul of Rule of Law.
5. Equality before law and Equal Protection of Law.
6. Discretionary powers should be exercised within reasonable limits set by
law.
7. Adequate safeguard against executive abuse of powers.
8. Independent and Impartial Judiciary.
9. Fair and Just Procedure.
10. Speedy Trial.
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‘Rule of Law’ in Modern Sense: The current state of affairs does not
completely uphold the Dicey's vision of the Rule of Law. The modern
interpretation of the Rule of Law is so broad that it establishes a standard that
all states should strive to meet. The basis for the current conception of the Rule
of Law was laid by the 1959 Delhi Declaration of the International Commission
of Jurists, which was later reaffirmed in Lagos (1961). The Modern Concept
states that the "rule of law" in a free society is "the functions of the
government should be exercised in such a way that the dignity of a man as an
individual is upheld." Working groups on criminal justice and the rule of law,
the court system and the rule of law, government and the rule of law, and
freedom for individuals and the rule of law were formed by this International
Commission of Jurists. The Committee on Individual Independence and the
Rule of Law holds that laws that unjustly target people based on their religion
or disproportionately restrict their freedoms should not be passed by the
government. "Rule of law" means having an effective government that can
uphold law and order as well as sufficient safeguards against the misuse of
authority, according to the Committee on Government and Rule of Law.
Presumption of innocence, due process, legal aid, open trials and fair hearings,
and the prohibition against making an arrest without a warrant are all
considered components of the "rule of law," according to the Committee on
Criminal Administration and Rule of Law. Not to mention, the Committee on
Judicial Process and Rule of Law defined "Rule of Law" as the independent legal
profession, the independent judiciary, and standards of professional ethics.

The seven categories of modern law that Federalist Kim Davis enumerates
are judicial review of administrative action; due process of law; fixed rules and
regulations that eliminate discretion; and their choice for justices and courts of
law over administrative bodies and executive authority.
Consequently, in the modern sense, the rule of law ensures that political
interests are furthered and that government criticism is acknowledged as valid.
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Conclusion: Although there were some drawbacks to the idea of the Rule of
Law, it was largely regarded as the protector of the Constitution by many
countries because it effectively controlled administrative powers and restrained
them through its measures. This is the best tool for achieving legal supremacy.
Even an effort to establish a link between the concepts of rights for people and
the rule of law has been made by the court. David's contemporary idea offers a
wide concept while also allowing government agencies to use it with
grace since administrative law's main goal is to reduce the separation of power
and liberty. Consequently, the government enacts laws and rules that uphold
the values of the Rule of Law and respect each person's right to privacy.