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Rule of Law

The document discusses the concept of Rule of Law as a fundamental principle of the English Constitution, emphasizing its supremacy over arbitrary power, equality before the law, and the role of judicial decisions in safeguarding rights. It also highlights the incorporation of Rule of Law within the Indian Constitution, ensuring that all government branches are subordinate to it and that citizens can seek judicial review for enforcement of their rights. Additionally, the document notes exceptions to the Rule of Law, such as the special powers of public officials and certain professional regulations.

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Suprasanna Ghoshal
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9 views3 pages

Rule of Law

The document discusses the concept of Rule of Law as a fundamental principle of the English Constitution, emphasizing its supremacy over arbitrary power, equality before the law, and the role of judicial decisions in safeguarding rights. It also highlights the incorporation of Rule of Law within the Indian Constitution, ensuring that all government branches are subordinate to it and that citizens can seek judicial review for enforcement of their rights. Additionally, the document notes exceptions to the Rule of Law, such as the special powers of public officials and certain professional regulations.

Uploaded by

Suprasanna Ghoshal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule of Law

One of the very basic principles of the English Constitution is the concept of
Rule of Law. The concept is well established in all legal systems in the world
which include the constitutions of the United States of America and India

Chief Justice Edward Coke of England, who held office during the reign of King
James I, is considered to be the originator of this doctrine. Justice Coke while
emphasizing the supremacy of law against the executive stated that the King
should be under God and Law. This theory was developed by Dicey in his
classic work “The Law and the Constitution” which was published in the year
1885.

Rule of Law – Meaning & Scope


Dicey in his work stated that Rule of Law is fundamental to the English legal
system and gives the following three meanings to the doctrine:

1. Supremacy of Law
a. Rule of law according to Dicey means the absolute supremacy or
predominance of regular law as opposed to the influence of arbitrary
power or wide discretionary power.
b. It means the exclusion of the existence of arbitrariness on part of the
government.
c. This in essence means that no man can be arrested, punished or be
lawfully made to suffer in body or in goods except by the due process of
law and for breach of a law established in the ordinary legal manner
before the ordinary courts of the land.
2. Equality before Law
a. While explaining this aspect of the doctrine, Dicey stated that there must
be equality before the law or equal subjection of all classes to the ordinary
law of the land administered by the ordinary law courts.
b. Dicey believed that the exemption of civil servants from the jurisdiction of
the ordinary courts of law and providing them with the special tribunals
was the negation of equality.
c. He stated that any encroachments on the jurisdiction of the courts and any
restriction on the subject’s unimpeded access to them are bound to
jeopardise his rights.
3. Judge-made Constitution
a. Dicey observed that in many countries rights such as the right to personal
liberty, freedom from arrest, freedom to hold public meetings, etc. are
guaranteed by a written Constitution; in England, it is not so.
b. In England, those rights are the result of judicial decisions in concrete cases
that have actually arisen between the parties.
c. Thus, he emphasized the role of the courts of law as guarantors of liberty
and suggested that the rights would be secured more adequately if they
were enforceable in the courts of law than by mere declaration of those
rights in a document.

Rule of Law and Indian Constitution


The Preamble of the Constitution itself prescribes the ideas of Justice, Liberty
and Equality. These concepts are further enunciated in Part III of the
Constitution and are made enforceable. All three branches of the government
are subordinate i.e. the Judiciary, Legislature and the Executive are not only
subordinate to the Constitution but are bound to act according to the
provisions of the Constitution. The doctrine of judicial review is embodied in
the Constitution and the subjects can approach the High Court and the
Supreme Court for the enforcement of fundamental rights. If the Executive or
the government abuses the power vested in it or if the action is mala fide, the
same can be quashed by the ordinary courts of law.

The Supreme Court of India in Chief Settlement Commissioner Punjab v. Om


Prakash observed that in our constitutional system, the central and most
characteristic feature is the concept of the rule of law which means, in the
present context, the authority of the law courts to test all administrative action
by the standard of legality. The Court added that the doctrine of rule of law
rejects the conception of the dual state in which government action is paced
in a privileged position of immunity from control by law.
Exceptions to Rule of Law
Some exceptions to the concept of the rule of law are discussed below.

• ‘Equality of Law’ does not mean that the powers of private citizens are the same
as the powers of public officials. e.g. a police officer has the power to arrest which
the private citizen does not have.
• The rule of law does not prevent certain classes of persons from being subject to
special rules, for example, the armed forces are governed by military laws.
• Ministers and other executive bodies are given wide discretionary powers by the
statute.
• Certain members of society are governed by special rules in their professions like
lawyers, doctors and nurses.

Conclusion

The founding fathers of India accomplished what the rest of the world thought
impossible – establish a country that would follow the letter of the law and
implement the Rule of Law. In all matters such as the protection of the rights
of the people, equal treatment before the law, protection against excessive
arbitrariness, the Constitution of India has provided enough mechanisms to
ensure that the Rule of Law is followed. Through its decisions, the Courts have
strived to reinforce these mechanisms and ensure smooth justice delivery to
all citizens. Problems such as outdated legislation and overcrowded courts
are but small hindrances and bodies such as the Law Commission of
India work towards ironing out these problems with the aim of achieving a
system where there are no barriers to the smooth operation of the Rule of
Law.

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