Introduction to the Rule of Law rule

Definition : Rule of law, the mechanism, process, institution, practice, or norm that supports the
equality of all citizens before the law, secures a non arbitrary form of government, and more
generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of
despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include
even highly institutionalized forms of rule in which the entity at the apex of the power structure
(such as a king, a junta, or a party committee) is capable of acting without the constraint of law
when it wishes to do so.

It is based on the principle of governance in which all persons, institutions and entities, public
and private, including the State itself, are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and which are consistent with international
human rights norms and standards. It requires as well measures to ensure adherence to the
principles of supremacy of the law, equality before the law, accountability to the law, fairness in
the application of the law, separation of powers, participation in decision-making, legal certainty,
avoidance of arbitrariness, and procedural and legal transparency.

History and Origin of Rule of Law in context to India

Sir Edward Coke is credited with giving the phrase (rule of law) official beginning, which is taken
from the French phrase "la principe de legalite," which translates to "the principle of legality."

India is guided by the principle of rule of law where no one is above the law. The main source of
the power is neither the elected representative nor the ruler but the Constitution. The
legislative , executive and the judiciary derive their authority from the constitution.

The origins of the Rule of Law theory can be traced back to the Ancient Romans during the
formation of the first republic; it has since been championed by several medieval thinkers in
Europe such as Hobbs, Locke, and Rousseau through the social contract theory. Indian
philosophers such as Chanakya have also espoused the rule of law theory in their own way, by
maintaining that the King should be governed by the word of law.

A.V Dicey theory is considered as the foundation theory of the Rule of Law on which it is based
and is still popular. Dicey’s theory has three pillars based on the concept that “a government
should be based on principles of law and not of men”, these are:

1Supremacy Of Law:

This has always been the basic understanding of the rule of law that propounds that the law
rules over all people including the persons administering the law. The lawmakers need to give
reasons that can be justified under the law while exercising their powers to make and administer
the law.

2Equality Before The Law:

While the principle of supremacy of law sets in place cheques and balances over the
government on making and administering the law, the principle of equality before the law seeks
to ensure that the law is administered and enforced in a just manner. It is not enough to have a
fair law but the law must be applied in a just manner as well. The law cannot discriminate
between people in matters of sex, religion, race etc. This concept of the rule of law has been
codified in the Indian Constitution under Article 14 and the Universal Declaration of Human
Rights under the Preamble and Article 7.

3Pre-Dominance Of Legal Spirit:

In including this as a requirement for the rule of law, Dicey’s belief was that it was insufficient to
simply include the above two principles in the constitution of the country or in its other laws for
the state to be one in which the principles of rule of law are being followed. There must be an
enforcing authority and Dicey believed that this authority could be found in the courts. The
courts are the enforcers of the rule of law and they must be both impartial and free from all
external influences. Thus the freedom of the judicial becomes an important pillar to the rule of
law.

Article 14 of the Constitution recognises the principle of the rule of law and its two main key
concepts: no one is above the law, and no one is subject to punishment other than for breaking
the law. The last fundamental principle mentioned above is not recognised by our constitution.
Therefore, the first and second rules of dicey apply to the constitution, however our Indian
system does not recognise the third rule of dicey. All laws passed by the legislature must
comply with the Constitution's requirements; if any laws are approved that go against those
provisions, the Supreme Court will declare them to be null and void.

Theoretical Application of Rule of Law

Rule of law was adopted from England by our constitutional fathers and many provisions were
incorporated in the Indian Constitution. Indian Constitution is considered to be supreme and no
one is above Indian Constitution. Rule of law is also given impliedly in the preamble and such
concept is enshrined in Part III of the Indian Constitution.

In case of violation of such rights, one can approach Supreme Court or High Court under Article
32 and 226 of the Indian Constitution. The Constitution of India is enriched with the principles of
law i.e. justice, equality and liberty.
Judiciary plays an important role in the rule of law :

ADM Jabalpur v. Shivkant Shukla [5]

This case is also known as “Habeas Corpus case”. It is one of the most importantcase when
comes to rule of law. The question that was raised before the hon’ble court was that whether
there was any rule of law in India apart from Article 21 of the Indian Constitution. It was in
context relating to the proclamation of emergency where the enforcement of Articles 14, 21 and
22 were suspended.

Keshvananda Bharti v. State of Kerela

In this case, the Supreme Court enunciated the concept of rule of law as one of the most
important aspects of doctrine of basic structure

Som Raj v. State of Haryana

In this case it was held that the absence of arbitrary power is the postulate of rule of law upon
which the whole constitutional edifice is dependent.

Union of India v. Raghubir Singh

In this case it was held by the court that a considerable degree that governs the lives of the
people and regulates the State function flows from the decision of the superior courts.

From the above mentioned discussion, it can be concluded that Supremacy of law is the Aim,
Rule of Law is the best tool to achieve the Aim. Some of the efforts are also taken by the court
where the Rule of Law is linked with Human Rights of the people. Strategy is being evolved by
the court by which government can be forced not only to submit to law but also to create
conditions where capacities can be developed by the people so as to enjoy their rights in proper
and meaningful manner.

Practical Application of Rule of Law

the existence of the Rule of Law in India has been theoretically established, its actual
application is still up for debate. Many critics claim that Rule of Law in India only exists in theory
and not in actual reality. India ranks 59th overall in the World Justice Project Report's 2015
Index of Rule of Law. Given that India is one of the most corrupt nations, establishing law and
order there and dispensing justice are difficult tasks.

The majority of laws were created by colonial powers prior to independence and are still in
effect unless specifically repealed by parliament. This results in ambiguity, and several lawsuits
must be brought as a result.

Conclusion
According to Plato the meaning of rule of law is that it is supreme in nature and nobody
is above the law.

According to Aristotle has written that law should be the final sovereign of the state.

According to Sir Edward Coke “Rule of Law” means the absence of arbitrary power on
the part of Government.

Rule of law, if considered not solely an instrument of the government but as a rule to which the
entire society, including the government, is bound, the rule of law is fundamental in advancing
democracy. Strengthening the rule of law has to be approached not only by focusing on the
application of norms and procedures. One must also emphasize its fundamental role in
protecting rights and advancing inclusiveness, in this way framing the protection of rights within
the broader discourse on human development.
laws should be open and clear, general in form, universal in application, and knowable to all.
Moreover, legal requirements must be such that people are able to be guided by them; they
must not place undue cognitive or behavioral demands on people to follow. Thus, the law
should be relatively stable and comprise determinate requirements that people can consult
before acting, and legal obligations should not be retroactively established. Furthermore, the law
should remain internally consistent and, failing that, should provide for legal ways to resolve
contradictions that can be expected to arise.