Rule Of Law in India

Background: –

Ancient Time:

The Rule of law was firstly described by ancient Greek philosophers such as Plato and Aristotle around 350 BC. Aristotle also shared his views about the Rule of law by writing that “law should govern and those in powers should be servants of the laws.” The phrase ”Rule of law”is derived from the French phrase ‘la principe de legalite’ (the principle of legality) which refers to a government based on principles of law and not of men. Rule of law is the basic and Fundamental principle of the English Constitution. It states that law is above all and whether its citizens or government both have to act according to law and within its limit.

ORIGINATOR:-

Sir Edward Coke, the Chief Justice of King James I’s reign was the originator of the concept of Rule of law.  According to Sir Edward Coke ,  King Should be under The God and the Law. He stated that law is the supreme power; nothing is higher or greater than the law.   He even established the supremacy of the law against the executive.

Dicey’s Concept of Rule of law: –

Prof. Albert Venn Dicey (A British jurist and Constitutional Theorist) developed the concept of Rule of Law in his book ‘’ The Law of Constitution” (1885). Rule of law means’’ The absolute supremacy or predominance of the Regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or even of wide discretionary authority on the part of the Government’’

Principles of Rule of law: –

Prof. A.V.Dicey has mentioned three main principles of rule of law in his book. Following are the principles:- 1.    Supremacy of law: – It shows that law has the absolute power and it is above from all. One has to follow the laws. The supremacy does not imply the arbitrariness that is a person would be punishable only in case of breach of law and he would not be suffered in body or goods in any case. The government cannot punish anyone on its own.  The persons who have the authority are not allowed to enjoy wide, arbitrary or discretionary power. In the views of Dicey where there is discretion, there is room for arbitrariness. 2.    Equality before law: – It means everyone is equal in the eyes of law and law is equally applicable to all the sects of the society (rich or poor, official or high or low). It does not differentiate on the basis of creed or the religion. 3.    The predominance of legal Spirit: – According to the concept of Rule of law, the rights and liberties of the people must come from the traditions and customs of the people. The Constitution is not the source of law rather it is the result of the rights of the individuals that are recognized and enforced by the Court of law.

Rule of law in the Constitution of India:-

The developed concept of rule of law of dicey has been adopted by the Constitution of India. The basis of the Constitution which is Justice, Liberty and equality are enshrined in its Preamble. In India, the Constitution is the supreme law of the Country and other laws have to be in conformity with it. If any law violates any provision of the Constitution especially the Fundamental Rights, is declared void.

Fundamental Rights: –

Part III of the Constitution of India is the restriction on the parliament ’s law making power. It includes freedom of speech, expression, association, movement, residence, property, profession and personal liberty.

Articles that depict Rule of law:-

1.    Article 14:-Equality before the law and equal protection of the law. 2.    Article 21:- The right to life and personal liberty.

Basic structure: –

The question of basic structure had been arisen in the Case of Shankri Prasad versus Union of India, that whether the legislature can amend fundamental rights under article 368 or not. Thus, the Supreme Court held that Parliament has the power to amend Part III of the Constitution under Article 368 as under Article 13 ‘law’ means any legislative action and not a constitutional amendment. Therefore, a constitutional amendment would be valid if abridges any of the fundamental rights. Later on, in the case of  Keshvananda Bharti versus the State of Kerala, the Supreme Court overruled the Golaknath Case. Further, The 13 judge bench of the Supreme Court in the Keshvananda Bharti laid down that Parliament cannot amend the rule of law as it is the basic principle of the Constitution.

Conclusion:-

Since, the rule of law is hostile both to dictatorship and anarchy. Moreover, The law overrules any discrimination in society on the basis of religion or caste. Thus, rule of law is the protector of every citizen of the country by providing them with equality, the right to Justice and liberty.