Rule of law and the Indian judiciary – A multi-dimensional study

The rule of law has its origin from the french phrase 'la principle de legalite' which means the 'the
principle of legality' The rule of law is made for opposing the arbitrary power of anyone. Rule of law and
no one can above the law every officials from the prime minister to the bottom, to all of them law is
equal for all and there is no relaxation for any official for the every act done without the lawful
justification. From this principle A.V Dicey defined the exact meaning in his own words “the absolute
power and excludes the existence of arbitrariness ,of prerogative, even wide discretionary authority on
the part of the government”1

The doctrine of Rule of law is defined for the good functioning of the government without the arbitrary
control in one hand only but with the equal protection and equal subordinate powers to the organs of
the government. A.V Dicey gave three broad meanings of the principle Rule of law:

a. Absence of arbitrary power or supremacy of law

b. Equality before the law
c. Predominance of legal spirit.
Rule of law generally governs the entire nation with the feature of superiority of the statutes.
The rule of law penetrated the Indian legal system through the constitution three of the Indian
constitution act has hurts for various authorities that exercise power while regulating the rights
of citizens while limiting the capability is we have acquired English law the absence of arbitrary
power is the first requirement for the rule of law which forms the basis of the entire
constitutional system to be a role and not an arbitrary role in particular according to the
constitution the rule of law applies to all administrations all subjects are subject to the law and
if the government body does not have to fulfill its obligation the concept of rule of law is spirit
and confirmatory they cannot be supported they are honest and fair.
Role of judiciary in maintaining the rule of law

1
Dicey law of constitution