Introduction to Rule of Law in the Constitutions

Although administrative law is a distinct area of law and a topic for academic
study, in recent years it has fully emerged as a "responsible" field of study for
lawyers and law students. Therefore, the English people utilized Dicey's
Concept of Rule of Law as a weapon to attack the expansion of administrative
law in order to acknowledge its independent existence. The "rule of law" is the
ultimate expression of human civilization and culture and the new universal
language of moral philosophy.

Consequently, the rule of law guarantees permanent validity of the

Constitution and is a prerequisite for the functioning of democracy and good
governance. Thus, it is better to quote Lal Bahadur Shastri's observation that
"the rule of law must be respected with the aim of maintaining and further
strengthening our basic democratic system".

Meaning and Concept of Rule of Law

One of the foundational concepts of our modern democratic society is the

"rule of law." Although the phrase is currently defined by the Constitution of
India, it has been frequently used by Indian judges in decisions. A philosophy
of national political ethics that maintains an appropriate balance between the
rights and privileges of the individual and the state in order to build a free
society balances the rule of law with law based on freedom, justice, equity and
accountability.

The term "la principe de legalite (government based on legal principles) is the
French equivalent of the rule of law, that’s where the term originates Edward
Coke, is credited with introducing the idea of the rule of law. According to him,
the prince must be governed by God and law. Coke's three main remarks on
the "rule of law" First and foremost, the rule of law is necessary to prevent the
monarchy from exercising totalitarian control; it also guarantees that the
government does not act arbitrarily; and last, it is necessary to safeguard
people's rights.
Objects based on Edward coke's theory of "rule of law" are:

 To prevent authoritarian dominance in governance

 To reject the capricious power of the state
 Uniform enforcement of laws and directives, regardless of level or
position
 To act in accordance with the law
 Defense of persons and their rights
 The law is king
 Lawmakers have the authority to scrutinize administrative acts

Rule of law means that the law rules, which is based on the principles of
freedom, equality, non- discrimination and accountability.

Features of Rule of Law

 The rule of law is maintained while officials are not allowed to act
arbitrarily when exercising their powers
 Under the rule of law, no one can be fined or harassed unless he has
broken the law
 The rule of law means equal treatment under the law, without
discrimination based on class
 Under the rule of law, a person can only be punished if he is accused of
committing a crime and that accusation is proved by an impartial
tribunal such as a court

Dicey's Concept on "Rule of Law"

British lawyer and constitutional theorist Albert Wayne Dicey introduced

the concept of the rule of law in his 1885 book "The Law of the Constitution".
Dicey emphasized the difference between administrative justice and the rule
of law. He emphasized that the rule of law applies equally to all persons,
whether they are ordinary mayors or treasury secretaries, and therefore it is
important that the same laws universally apply without discrimination, with the
rule of law being paramount.
Dicey articulated basic principles of the rule of law:

 Rule of Law: The first principle holds that the rule of law requires no
arbitrariness or excessive discretionary power. In other words, each
individual must be subject to the law. Surely justice is the ultimate
authority and can be the only basis for punishment, in the absence of
other factors.

This means that government officials or anyone else should not have
privileges. There is no need for a separate tribunal or a special court for
government and its employees.

 Supremacy of Legal Principles: The third principle asserts that in England

rights such as personal liberty and protection from arbitrary arrest are
established through judicial decisions, and English. The Constitution is
the product of permanently established law. Essentially, Dicey's concept
of the rule of law is based on a legal system in which everyone.

To know more about Dicey’s basic principles of the rule of law or any other,
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Merits and Demerits of Dicey's Concept:

Merits

 V. Dicey's theory has been instrumental in establishing boundaries for

the authority of administrative bodies.
 This theory serves as a yardstick for evaluating administrative actions.
Demerits

 Even in its own time, Dicey's concept of the rule of law wasn't fully
embraced.
 Dicey primarily focused on individual rights and overlooked the
authority of the administration.

Rule of Law in Indian Constitution

The rule of law has been a key pillar of Indian democracy. In drafting the
Indian Constitution, the Framers drew pressure from the United States and
England. The concept of rule of law, which came mainly from England, was an
integral part of the Indian Constitution and dominated all branches of
government including the Legislature, the Executive and the Judiciary.

The preamble of the Constitution of India clearly sets out the principles of the
rule of law emphasizing justice, equity and freedom. Article 14 of the
Constitution assures the equality before the law and equal protection of the
law. Fundamental rights, as mentioned in Articles 13, 14, 15, 19, 21, 22, 25, 28
and 31A are available to every citizen of India. If these rights are violated,
individuals can seek redress by proceeding to the High Court or High Court
under Articles 32 and 226 of the Constitution.

Moreover, any laws passed by the central or state government must be in

accordance with the Constitution of India. If a law violates the provisions of
the Constitution, it will be declared null and void. Article 32 empowers
the Supreme Court to issue various writs such as habeas corpus, mandamus,
prohibition, quo warranto and certiorari. This power, known as judicial review,
allows the Supreme Court to ensure the preservation of the rule of law and
prevent the application of laws that go beyond the constitutional order
essentially, the rule of law in India is a fundamental principle in compliance
with the Constitution.

Basic Principles on Rule of Law

  Law is supreme, above everything and everyone. Nobody is above law
 All things should be done according to law and not according to whims
and fancies
 Equality before law and equal protection of law
 Discretionary powers should be put into effect within rational limits set
by law
 Adequate safeguard against executive abuse of powers
 Independent and impartial judiciary
 Fair and just procedure
 Speedy trial

Landmark Cases

In the Keshavananda Bharati Sripadagalvaru & Ors v. State of Kerala & Anr2
case, the court set out the standard of basic structure and also held that any
constitutional part can be improved without changing its basic structure.

In the case of Indira Nehru Gandhi v. Raj Narain, the court decided that the
rule of law is also a part of the basic structure of the constitution and hence, it
cannot be amended.

In the case of State of Bihar v. Sonawati Kumari, the court held that as per the
concept of rule of law, all the authorities operating within the state including
executive government is bound to obey the rules.

In the case of Union of India v. Raghubir Singh, the court held that the
principle of rule of law is a considerable degree which governs the lives of the
people and regulates the functions of the state from the decision of the
superior courts.

Rule of Law in Modern Sense

The modern concept of the rule of law, as established by the international

commission of jurists in the Delhi Declaration of 1959, is a broad ideal for
governments to follow. It emphasizes the upholding of the dignity of the
person and includes committees on individual liberty, government
intervention, and criminal action. These committees emphasize the importance
of nondiscrimination laws, religious freedom, and the judicial system for its
emphasizes the importance of. Mayor Kin Davis identified seven types of
modern law; including principles of natural law, settled law, due process,
judicial preference over executive authority, and judicial review of
administrative practices. This definition of the modern rule of law encourages
political participation and constructive criticism of governments.

Conclusion

The concept of the rule of law, originally developed by A.V. Dicey was later
included in the Constitution of India, plays an important role in the formation
of democratic states. The rule of law is a fundamental principle that
emphasizes the importance of equality before the law, prohibition of conduct,
protection of individual rights and serves as a safeguard against abuse of
power, ensuring that no one violates the law with position or regardless of
position. In India, the Constitution has enshrined the rule of law and its
principles have been mentioned in the Preamble and in various articles to
ensure equality, justice and freedom for all citizens Judiciary play an important
role in maintaining the rule of law in by judicial review powers.

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