Rule of Law

 The Rule of Law forms the backbone of a democratic country. It is a principle that ensures that every individual, whether a common citizen or a government authority, is governed by the same laws. In India, the Rule of Law is not just a theoretical concept but a vital part of the constitutional framework.

This article explains the origin, meaning, constitutional status, judicial interpretation, and challenges related to the Rule of Law in India.

Meaning of Rule of Law

The term ‘Rule of Law’ comes from the French phrase le principe de legalite, meaning “the principle of legality”. Simply put, the Rule of Law means that no one is above the law, and everyone must act according to law.

It is the opposite of arbitrary power. It ensures that the government and its officials act within a framework of well-defined and established laws, not on personal wishes or whims.

Dicey’s Concept of Rule of Law

The British jurist A.V. Dicey popularised the modern meaning of Rule of Law in his 1885 book, Law and the Constitution. He laid down three pillars of the Rule of Law:

Supremacy of Law

The law must rule over everyone, and arbitrary actions must not exist. No person can be punished unless he has broken a law. Punishment must be based only on breach of the law.

Equality Before Law

Dicey stressed that all individuals, whether rich or poor, government official or common man, must be treated equally before the ordinary courts. No one should get special privileges under the law.

Predominance of Legal Spirit

Dicey believed that the courts are the guardians of law. For the Rule of Law to work, the judiciary must be independent, unbiased, and free from external influence.

Criticism of Dicey’s Theory

While Dicey’s theory is influential, it faced criticism:

• He ignored the importance of codified laws. Codification provides certainty and clarity, essential for protecting individual rights.
• He misunderstood the French concept of Droit Administratif, assuming it protected officials unfairly. In fact, it also regulated and controlled administrative actions effectively.

Thus, while Dicey’s Rule of Law principles laid the foundation, modern democracies, including India, have expanded the concept.

Rule of Law under the Indian Constitution

The Constitution of India, 1950, is the supreme law of the land. It ensures the application of the Rule of Law across the country. All government actions must be within the constitutional framework.

Key Constitutional Provisions

• Article 13: Empowers courts to strike down laws that violate the Constitution.
• Article 14: Guarantees equality before law and equal protection of laws.
• Article 21: Protects the right to life and personal liberty except according to the procedure established by law.
• Judicial Review: Under Article 32, Article 226, and Article 136, courts have the power to review and invalidate any legislative or executive actions that violate constitutional principles.

Thus, the Indian Constitution strongly embeds the Rule of Law into its text.

Important Judicial Interpretations on Rule of Law in India

The Indian judiciary has played a significant role in interpreting and strengthening the Rule of Law.

Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court in Kesavananda Bharati v. State of Kerala held that the Rule of Law is part of the basic structure of the Constitution. It cannot be amended or destroyed even by Parliament.

Maneka Gandhi v. Union of India (1978)

The Court in Maneka Gandhi v. Union of India observed that arbitrariness is the enemy of equality. Article 14 prohibits arbitrary state actions and ensures fairness and reasonableness.

Shankari Prasad v. Union of India (1951)

The Court in Shankari Prasad v. Union of India confirmed the power of judicial review to protect the supremacy of the Constitution.

DC Wadhwa v. State of Bihar (1986)

The Court ruled in DC Wadhwa v. State of Bihar that repeated re-promulgation of ordinances without legislative approval was unconstitutional. The Rule of Law was used to check the misuse of executive power.

ADM Jabalpur v. Shivkant Shukla (1976)

Popularly known as the Habeas Corpus case, it questioned the survival of Rule of Law during an emergency. Though the majority ruling in ADM Jabalpur v. Shivkant Shukla was criticised, Justice H.R. Khanna’s dissent strongly defended the Rule of Law.

What is the Modern Concept of Rule of Law?

The Rule of Law today is broader than Dicey’s three pillars. It includes:

• Respect for human dignity.
• Effective governance maintaining law and order.
• Fair trials, legal aid, and presumption of innocence.
• Freedom of speech and criticism of the government.
• An independent judiciary that can act without political pressure.

This broader concept was highlighted by the International Commission of Jurists in the Delhi Declaration, 1959, and the Lagos Conference, 1961.

The modern Rule of Law ensures that governments must work for the welfare and dignity of citizens, not just for enforcing law and order.

Exceptions to Rule of Law in India

Although Rule of Law is a fundamental principle, certain exceptions are recognised under the Constitution:

Immunity for President and Governors

Article 361 provides the President and Governors with certain immunities:

• They are not answerable to any court for acts done in the exercise of their official duties.
• No criminal proceedings can be instituted against them during their term of office.

Diplomatic Immunities

Under the Vienna Convention on Diplomatic Relations, 1961, foreign diplomats in India enjoy immunity from local laws.

Immunity of Judges

Article 121 restricts discussions in Parliament about the conduct of Supreme Court and High Court judges to preserve judicial independence.

These exceptions exist to allow officials to perform their constitutional functions without undue harassment, but they must be exercised carefully to avoid misuse.

Challenges in Realising Rule of Law in India

Despite constitutional provisions and judicial activism, certain challenges persist:

• Judicial Delays: A backlog of cases and slow judicial processes weaken the faith of people in the legal system. “Justice delayed is justice denied” often holds true.
• Outdated Laws: Several colonial-era laws still exist without significant reforms, leading to confusion and outdated interpretations.
• Abuse of Power: Instances of arbitrary use of discretionary powers by executive authorities still occur, diluting the principle of Rule of Law.
• Inequality in Practice: Although equality before law is guaranteed, social and economic inequalities often result in unequal access to justice.
• Political Interference: Attempts to influence judicial appointments and decisions can harm judicial independence, which is vital for upholding Rule of Law.

Role of Judiciary in Upholding Rule of Law

The judiciary acts as a watchdog against any violation of the Rule of Law. Through judicial review, courts can:

• Invalidate unconstitutional laws.
• Ensure that executive actions conform to law.
• Protect fundamental rights of citizens.

Courts in India have consistently interpreted laws to promote fairness, reasonableness, and equality. Landmark decisions like Maneka Gandhi, Kesavananda Bharati, and Indira Gandhi v. Raj Narain show the judiciary’s commitment to the Rule of Law.

Importance of Rule of Law for Democracy

The Rule of Law is not just a legal principle but also a guarantee for democracy. It ensures:

• Accountability: The government must work within the framework of the law.
• Protection of rights: Fundamental rights and freedoms are safeguarded.
• Prevention of abuse: Power is exercised within legal limits.
• Promotion of equality: No person or group gets special treatment under the law.

Without Rule of Law, democracy would turn into tyranny, where power is exercised without restraint.

Conclusion

The Rule of Law in India is the foundation upon which the constitutional and democratic structure rests. It ensures that no one is above the law, that the government operates within legal boundaries, and that citizens are treated fairly and equally.

While India has made significant strides in incorporating and enforcing the Rule of Law, challenges like judicial delays, outdated laws, and arbitrary state actions remain. Continuous reforms, vigilant courts, and an informed citizenry are essential to preserve and strengthen this fundamental principle.

In essence, the Rule of Law is what breathes life into the Constitution and ensures that India remains a true democracy where justice, liberty, and equality are not mere words but a living reality.

Author: Aishwarya Agrawal

Researcher: Priya Raj