Dr.

Ram Manohar Lohiya National Law University,

Lucknow

ACADEMIC SESSION: 2017-18

ADMINISTRATIVE LAW
Changing dimensions of Article 14 of the constitution towards the
strengthening the rule of law
SUBMITTED TO: SUBMITTED BY:

Dr. APARNA SINGH NAYANIKA RAWAT

ASST. PROFESSOR (LAW) B.A LL.B (Hons.)
DR. RAM MANOHAR LOHIYA 4th SEMESTER
NATIONAL LAW UNIVERSITY. ROLL NO: 89
INTRODUCTION

The concept of Rule of law is of old origin and is an ancient ideal. It was discussed by ancient
Greek philosophers such as Plato and Aristotle around 350 BC. Plato wrote: “Where the law
is subject to some other authority and has none of its own, the collapse of the state, in my
view, is not far off; but if law is the master of the government and the government is its slave,
then the situation is full of promise and men enjoy all the blessings that the gods shower on a
state". Likewise, Aristotle also endorsed the concept of Rule of law by writing that "law
should govern and those in power should be servants of the laws."

Rule of law is one of the basic principles of the English Constitution and the doctrine is
accepted in the Constitution of U.S.A and India as well Sir Edward Coke, the Chief Justice of
King James I’s reign was the originator of this concept. He maintained that the King should
be under God and the Law and he established the supremacy of the law against the executive
and that there is nothing higher than law.

Later, Albert Venn Dicey (a British jurist and constitutional theorist) developed the concept
in his book ‘The Law of the Constitution’ (1885). His writing on the British Constitution
(which is unwritten) included three distinct though kindered ideas on Rule of law :

(i) Absence of discretionary powers and supremacy of Law: viz. no man is above law. No
man is punishable except for a distinct breach of law established in an ordinary legal manner
before ordinary courts. The government cannot punish any one merely by its own fiat.
Persons in authority do not enjoy wide, arbitrary or discretionary powers. Dicey asserted that
wherever there is discretion there is room for arbitrariness.

(ii) Equality before law: Every man, whatever his rank or condition, is subject to the ordinary
law and jurisdiction of the ordinary courts. No person should be made to suffer in body or
deprived of his property except for a breach of law established in the ordinary legal manner
before the ordinary courts of the land.

(iii) Predominance of legal spirit: The general principles of the British Constitution,
especially the liberties and the rights of the people must come from traditions and customs of
the people and be recognized by the courts in administration of justice from time to time.

This project deals with the fact that how the different meaning and dimensions attributed to
Article 14 of the Indian Constitution has resulted in emboldening and strengthening the rule
of law in India. Article 14 no longer remains a tool against discrimination but has gained
meaning more than that. The Supreme Court of India has evolved the principle of reasonable
classification on the basis of intelligible differentia and nexus with the object sought to be
achieved by the legislations to check the constitutionality of the various legislations. But now
Supreme Courts in its various judgments has held that if a governmental action or legislation
is prima facie arbitrary it violates the equality principle and in violation of Article 14. This
new approach by the judiciary has strengthened the rule of law India as it strucks down any
action or legislations on the ground of being arbitrary and unreasonable, as arbitrariness is
antithesis to rule of law.

AIMS AND OBJECTIVES

The aim of this research project is to bring out the effect of changing meaning of Article 14
of the Indian Constitution in strengthening rule of law in India.

TENTATIVE CHAPTERISATION

 Introduction
 Article 14 and Rule of Law
 Evolution of Article 14 and its impact on Rule of law
 Impact of Article 14 on Administrative Discretion thus strengthening the Rule of law
 Conclusion

RESEARCH METHODOLOGY

This project involves doctrinal method of research by considering books and various
judgments of the Supreme Court of India.

REFRENCES

Acts and Statutes

 Constitution of India

Books

 Administrative law by I.P Massey

  Indian Constitutional law by M.P Jain

Web Sources

 SCC Online
 Manupatra