Rule of Law – Detailed Overview

1. Meaning

Rule of Law means that everyone, including the government, is governed by law.
It is a principle of constitutional democracy ensuring governance according to established legal rules, not arbitrary decisions of rulers.
It is not explicitly defined in the Indian Constitution, but recognized as a basic feature by the Supreme Court.
Ensures justice, equality, accountability, and fairness in administration.

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2. Historical Evolution

Ancient Greece:
Aristotle: Law should govern, not arbitrary men.
Medieval England:
Magna Carta (1215): Limited powers of the king; first formal recognition of legal rights.
Sir John Fortescue: Advocated government by law.
Early Modern Thinkers:
John Locke: Law above rulers; natural rights.
Montesquieu: Separation of powers.
Niccolo Machiavelli: Discussed limitations of arbitrary power.
Modern Theorists:
A.V. Dicey: Defined supremacy of law, equality before law, and legal spirit.
F.A. Hayek, John Rawls: Emphasized fairness, social justice, and rule-based governance.

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3. Dicey’s Three Basic Principles

Supremacy of Law:
No one can be punished or suffer in body or property except under the law of the land.
Arbitrary action by rulers is prohibited.
Equality before Law:
Everyone, including government officials, is subject to the same laws.
No special privileges outside the law.
Predominance of Legal Spirit:
Constitutional principles and rights develop from court judgments.
Laws are interpreted to protect individual rights in specific cases.

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4. Characteristics of Rule of Law

Law is supreme; no one is above it.
Prevents arbitrary use of power.
Legal procedures must be followed for enforcement or punishment.
Courts ensure natural justice and protection of rights.
Accountability of government officials and transparency in governance.
Fundamental to democracy; enables equality and justice.

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5. Rule of Law under the Indian Constitution

Provision	Explanation
Judicial Review (Arts. 13, 32, 136, 142, 226)	Courts can strike down laws inconsistent with the Constitution.
Preamble	Justice, equality, and liberty reflect Rule of Law principles.
Article 14	Equality before law and equal protection under law (Dicey’s principle).
Article 21	Protection of life and personal liberty; law must be just, fair, and reasonable.
Article 19	Protection of six freedoms; restrictions allowed only by law.
Separation of Powers	Legislature makes laws, Executive enforces, Judiciary interprets; all bound by law.

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6. Exceptions to Rule of Law in India

Although the Rule of Law is fundamental, the Constitution provides exceptions:

Discretionary Powers
President: pardon, reprieve, remission, commutation (Art. 72).
Governor: similar powers in states (Art. 161).
Dissolution or prorogation of legislative houses (Arts. 85, 200, 356).
Immunity to Heads of State
President and Governors not answerable to courts for official acts during office.
Police and Public Servants
Discretionary powers of arrest, administrative decisions, and privileges for effective governance.
Diplomatic Immunities
Foreign heads of state, diplomats, and officials immune from local jurisdiction during official duties.
National Security & Emergency Situations
Certain rights can be suspended under national emergency (Art. 359).

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7. Landmark Judgements on Rule of Law

Case	Significance
Indira Gandhi v. Raj Narain (1975)	Art. 14 and Rule of Law form part of basic structure; limits arbitrary government.
ADM Jabalpur v. Shivkant Shukla (1976)	Habeas Corpus case; Justice H.R. Khanna dissent emphasized liberty cannot be taken away without law.
Maneka Gandhi v. Union of India (1978)	Art. 21 read with Arts. 14 & 19 ensures no arbitrary action; “procedure established by law” must be fair and reasonable.
Som Raj v. Haryana (1978)	Absence of arbitrary power is the postulate of Rule of Law.
Kesavananda Bharati v. Kerala (1973)	Rule of Law recognized as part of basic structure doctrine; cannot be amended away.

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8. Significance of Rule of Law

Prevents arbitrary use of power.
Protects individual rights and freedoms.
Ensures accountability of the state and government officials.
Provides legal remedies against executive or legislative excesses.
Strengthens democracy, justice, equality, and liberty.
Maintains social order and fairness in administration.

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9. Principles for Effective Rule of Law

Law must be clear, public, stable, and just.
Laws should be enforced evenly and consistently.
Judiciary must be independent and impartial.
Government actions must be legally accountable.
Citizens should have access to justice and legal remedies.