RULE OF LAW - PROF.

MC SHARMA

 Rule of law constitutes heart and soul of any civilized society – pt Nehru said while
inaugurating International congress of jurists on jan 15, 1959 “ Rule of law seems to be
synonymous with the maintenance of civilized existence”.
 Solee Sorabjee says, “Rule of law is the priceless inheritance of our civilization”.
According to him, “ rule of law symbolizes on enlightened civilized society efforts and
quest to combine that degree of liberty without which law is a tyranny with that
degree of law.
 Lord salmon : “ Rule of law is the index of civilization’s growth”
 Sir Ivan Jenning says, “ Rule of law is the way of civilized life”
 Fali Nariman says, “Without doubt the rule of law is the dominant legitimating slogan in
the world today. It is perhaps the universally shared good in modern world in which the
most ardent lesson is how divided lesson is how divided we are culturally, economically
and politically”. However according to him it is important to remember , “ IN some
countries rule of law is those who rules are the law! Leaders in some countries want to
rule the rule by law. The difference is that under the rule of law the law is pre- and can
serve as a check game of abuse of power, under rule by law, the law can serve as a mere
tool for government that surpasses in legalistic formation”.
 Thomas Fuller 300 years ago said, “ The foundation of rule of law is that be you never so
high, the law is always above you”. It is the articulation that inspired the doctrine of
separation of power.
 In the Upanishads, “ Law is the king of kings for more rigid and more powerful than what
the kings are there is no nothing higher than law, by the prowess of law as such like the
power of monarch, the weak shall prevail one”
 Plato – “ When the law is subject to some other authority and none of its own then the
collapse of the state is not far off but if the law is the master of governor and the governor
is its slave then the situation is full of promise, then the man enjoys all the blessing that
gods shower on a state”.
 Aristotle- “ Law should govern and those in power must serve the law”.
 Dialogue between Sir Edward Coke and King James I

 Coke, “ The king must be under god and the law” Thus he inducted the supremacy of the
law
 On 13th Nov, 1608, at west minister abbey James I was craving absolute powers, as the
divine right of the king. Prior to 1608, under CJ Coke, he started interfering in the powers
of seizure, detention etc.
 King, “ since the jusges were nothing but his delegates he could take any case from the
jurisdiction of court and decide in his royal person”
 Coke, “ In the presence and with the clear consent of the all the judges, I have to say that
king in his own cannot adjudicate any case, it ought to be determined by the court as per
the laws of England”.
 The king is accepting that the reason is to be applied but is not accepting your reasoning
 Coke, “It was god who had endured his majesty’s, his excellence in science one of great
endowments in nature but his majesty was not learned in the laws of England and the
customs that concerns in the life and inherit the goods”
 “The king was greatly offended, “ I shall be under the law, this is nothing but treason” –
king.
 Coke, “King should not be under the man but should be under the god”
 In 1660 sent a royal charter to Francis Beacon ( attorney general to coke) not to proceed
with the case.
 Coke, “When the case be he wuld do that judge should do” Coke was dismissed as CJ of
UK
 Act of settlement 1701 – Parliamentary powers were recognized and as well as the
independence of the judiciary.