Rule of Law in India

So, the first year of college went with clearing two significant concepts: The rule of Law and the Separation of powers. These are the most important topics for your law career. These concepts are not defined in our Indian Constitution but hold a heavy place in the laws of India. In this blog, we are going to discuss the concept of the Rule of Law, which is an English concept given by A.V. Dicey (Albert Venn Dicey). Let’s get started!

What is Rule of Law?

The rule of law means that no one is above the law and that everyone is subject to the jurisdiction of regular courts of law, regardless of their position or status.

India adopted the idea of the "rule of law," which is an English concept. No one should be treated arbitrarily or harshly, according to the idea of the rule of law. The term "law" in the phrase "the rule of law" refers to the requirement that no man or ruler may reign over another man or society, but only the law. Thus, according to Article 13 of the Indian Constitution, the term "the rule of law" refers to the law of the land.

According to Black's Law Dictionary, "Rule of Law" refers to legal concepts that are applied on a daily basis, are recognised by the relevant authorities, and are presented as logical propositions.

Rule of law, according to Oxford Advance Learner's Dictionary, refers to a condition in which both the state and all of its residents are subject to the law.

Postulates of Rule of Law

In his influential book "Law and the Constitution," published in 1885, Professor A.V. Dicey established the notion of Coke and outlined three postulates or principles of the rule of law. Professor A.V. Dicey asserts that the following three principles of postulates must be adhered to in order to achieve the supremacy of law:

1. Supremacy of Law
2. Equality before the law
3. Predominance of legal spirit or Judge-made laws

Let’s discuss them one by one

1. Supremacy of Law

According to Dicey, the rule of law refers to the complete dominance or supremacy of regular law as opposed to the impact of arbitrary power or broad discretionary power.

It implies the removal of the possibility of government arbitrary behaviour.

This essentially means that a man cannot be legally detained, punished, or forced to suffer in his body or property unless he has gone through a fair legal process and violated a rule of law that was created in accordance with ordinary legal procedure before an ordinary court of law.

2. Equality before law

Dicey said that in order for all classes to be equally subject to the ordinary law of the land as it is applied by the ordinary law courts, there must be equality before the law.

Dicey thought that excluding government employees from the jurisdiction of regular courts of law and giving them access to special tribunals was the antithesis of equality.

He claimed that any interference with the courts' authority and any limitations on the subject's unhindered access to them would be in violation of his rights.

3. The predominance of legal Spirit or judge-made laws

The third principle of Dicey states that the decisions made by the Indian judiciary that decide to file private person rights in individual cases result in the general principles of the Indian Constitution. He asserts that numerous state constitutions guarantee citizens specific rights, including the right to personal liberty and the right against being detained. Citizens can only access such rights once they are legally enforceable in courts of law. Every decision made by the administration must have legal support and be carried out in line with the rule of law defined by Dicey.

The Indian Constitution and the Rule of Law

Justice, liberty, and equality are enshrined in the Constitution's Preamble. Part III of the Constitution expands on these concepts and makes them enforceable. The judiciary, the legislature, and the executive are all three pillars of government, and they are all obligated to uphold the Constitution's provisions in everything they do. The Constitution contains the notion of judicial review, and anyone can apply to the High Court and Supreme Court to have their fundamental rights upheld. The action can be overturned by regular courts of law if the Executive or government abuses the authority granted to it or if it was done maliciously.

ADM Jabalpur v. Shivkant Shukla

The "Habeas Corpus case" is another name for this incident. When it comes to the rule of law, this is one of the most significant cases. The honourable court was asked whether there was any other kind of rule of law in India outside Article 21 of the Indian Constitution. The suspension of Articles 14, 21, and 22 enforcement was related to the declaration of an emergency.

Som Raj v. State of Haryana

According to the ruling in this case, the presumption of the rule of law—upon which the entire constitutional structure is predicated—is the lack of arbitrary power.

Keshvananda Bharti v. State of Kerala

In this case, the Supreme Court highlighted the significance of the doctrine of basic structure's concept of the rule of law.

Maneka Gandhi v. Union of India

In this instance, the Supreme Court ruled that Article 14 prohibits arbitrariness.

Exceptions to the Rule of Law

• The phrase "equality of law" does not imply that all people have the same legal rights as public authorities. For instance, a police officer has the authority to make an arrest, which a private individual does not.
• The application of special laws to some categories of people is not prohibited under the rule of law; for instance, military laws apply to the armed forces.
• The Act grants extensive flexibility to ministers and other executive authorities.
• In their professional fields, certain members of society, such as lawyers, doctors, and nurses, are subject to unique regulations.