Abstract
This article explores the concept of rule of law in administrative actions beginning from the origin to it’s subsequent development.According to the idea of rule , no one is above the law and everyone is subject to it’s authority .
The phrase has been understood differently by people in various nations. The phrase “rule of law”has not been defined in detail , although it is based on A.V.Dicey definition .
Introduction
The expression “rule of law” derived from french word “la principle de legalite ” meaning the principle of legality.
According to Black ‘s law dictionary , rule of law may be specifically defined as supremacy of law where decision is made by applying known principle or laws , where there is no intervention of discretion in application of such principles or laws.
Rule of law has been defined by many scholars as the symbol of ultimate authority. As stated by lord denning in case “Gouriet v.union of post office workers .
Dicey concept of rule of law
According to the Dicey’s theory , rule of law has three pillars based on the concept that “a government should be based on principles of law and not of men “, these are
- Supremacy of law ;
- Equality before the law ;
- Predominance of legal spirit .
Supremacy of law
This is the first pillars of Dicey’s concept of rule of law. It means that the law rules over all people including the persons administering the law. According to Dicey the absolute supremacy of law as opposed to the arbitrary power of the government is what constitutes the rule of law.
Dicey says that wherever there is discretion, there is room for arbitrariness and discretionary authority on the part of the government to jeopardize the legal freedom of the people .
Equality before law
The second important pillar of dicey concept of rule of law is the equality before law. According to him , every man irrespective of his rank or postion is subject to the ordinary law and jurisdiction to the principles of equality. There should be same set of laws for all the people and should be adjudicated by the same civil court’s.
Predominance of legal spirit
The third pillar of dicey Concept of rule of law is predominance of legal spirit.According to dicey, for the prevalence of the rule of law there should be an enforcing authority and that authority he finds in the court.He believed that the courts are the enforcer of the rule of law and hence, and it should be free from impartiality and external influence.
Rule of law and Indian constitution
Rule of law has no fixed articulation in the Indian constitution though the Indian courts refer to this phrase in variety of it’s judgement. Indian constitution is the law of the land and prevails over judiciary , the legislature and the judiciary. These three organs of the state have to act according to the principles engraved in the constitution.
Under the Indian constitution the rule of law is incorporated in many of it’s provisions.Article 14 guarantees right to equality before law and equal protection of law.It states that no one shall be denied the equality before law and the equal protection of law by the state. Law treats everyone equally without any biasness , which is the basic requirement of the rule of law.
In Maneka Gandhi v.Union of India ; ” the supreme court in clear words observed that Article 14 strikes at arbitrariness in state actions and ensures fairness and equality in treatment.Rule of law which is the basic feature of the Indian constitution excludes arbitrariness.
Article 13 of the Indian constitution is another example which upheld the doctrine of Rule of law in India.In “Keshvananda Bharti v.Union of India” ; the supreme court of India included the Rule of law as the basic features of the constitution.
Exception to the rule of law
There are many exceptions to the rule of law . In order to cope up with the need of practical government , a number of exceptions have been engrafted on these ideals of rule of law provided by Dicey.
Example :- there is a universal growth of broad discretionary powers of the administration ; many administrative tribunal have developed.
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Existence to the discretionary power to the executive
President and the governor of the state are given wide discretionary power in relation to certain matters under the Indian constitution under Article 72 and 161. Article 85 of the Indian constitution provides the president with discretion in relation to the propagation of the either house of the parliament and the dissolution of the house of the people.
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Immunities and privileges
Under Indian constitution equality before law doesn’t mean that the power of a private citizen should be the same as public official. Public officer’s like minister’s , local authorities , public officers and other’s have many powers and immunities and privileges which ordinary citizens don’t have.
Indian case laws
As mentioned earlier, rule of law is not expressly provided under the Indian constitution but it is pronounced as the essential part of the constitution by the supreme court through several judgement . Some of them are :
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A.K.Gopalan V.state
It is also known as the Habeas corpus case, the order of detention passed during emergency was challenged in this case on the grounds that order is violative of the principles of rule of law which is the basic features of the Indian constitution .
The issue that was before the supreme court to decide was whether there is any rule of law in India apart from Article 21 of the constitution.
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Indira Gandhi Nehru v. Raj Narain
In this case the 39th amendment to the constitution was challenged which has placed the election of President , prime minister , vice President and the speaker of lok sabha unjustifiable in the courts of law. Rule of law being antithesis to arbitrariness does not empower the parliament to pass a retrospective law validating an invalid election.
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Bachchan Singh v. State of Punjab
This is a landmark judgement on death penalty.Majority of the judges held that the death penalty can be imposed under rarest of the rare situation , justice Bhagwati dissented with the majority opinion.
The above mentioned judgement clearly states the evolution in the concept of rule of law. Rule of law is the fundamental principle of governance in any civilized democratic country. It is the antithesis of arbitrariness.
Conclusion
The Rule of law serves as the cornerstone of a democratic society, ensuring that every individual, regardless of status or power, is subject to the same legal standards. In India, its relevance is deeply rooted in the Constitution particularly through the principles of equality before law seperation of power and judicial review. The Indian judiciary has consistently upheld this doctrine through landmark judgments, reinforcing that governance must always operate within the framework of law and not by arbitrary power. However, challenges such as corruption, delay in justice, and misuse of authority continue to test its strength. Therefore, maintaining the rule of law in India requires constant vigilance, accountability, and adherence to constitutional values to ensure that justice prevails and democracy remains strong.
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