Rule of law

• The concept of rule of law is one of the fundamental principles

of constitutional law.
• The basis of administrative law is the doctrine of the rule of
law.
• The expression ‘rule of law’ has been derived from the French
word ‘la principle de legalite’- Means ‘a government based on
the principles of law.’
• Justice Sir Edward Coke is said to be the originator of this
great principle.
• Justice Sir Edward Coke held that the King should be under
God and the Law.
• Prof. Dicey conceptualized this doctrine in proper manner.
• One of the basic principles of the English Constitution is the
rule of law.
• This doctrine is accepted in the constitution of USA.
• The entire basis of administrative law is the doctrine of the rule
of law.
• Prof. Wade says that rule of law is the absence of
arbitrary power on the part of the government.
• A.L.Goodhart says that the rule of law is that
public officers are governed by law, which limits
their powers.
• Prof. A.V.Dicey developed this theory of Coke,
in his classic book – the Law and the
Constitution published in the year 1885. He
attributed 3 meanings to the doctrine of rule of
law.
1. Supremacy of law
2. Equality before law
3. Predominance of legal spirit
1.Supremacy of law:
• According to Dicey, law is supreme.
• It is opposed to the influence of arbitrary power,
prerogative or even wide discretionary power on the
part of the government.
• Dicey explained that the Englishmen were ruled by
law and law alone; in Britain, the government was
not based on exercise by persons in authority of
wide, arbitrary or discretionary powers.
• According to this doctrine no man can be arrested,
punished or be lawfully made to suffer in body or
goods except by due process of law and for a breach
of law established in the ordinary legal manner
before the ordinary courts of the land.
2. Equality before law:
• The second meaning of the rule of law is that no man
is above the law.
• Every man whatever be his rank or condition is
subject to the ordinary law of realm and amenable to
the jurisdiction of the ordinary tribunals.
• There must be equality before the law or equal
subjection of all classes to the ordinary law of the
land.
• He criticize the droit administratif.
• According to him, in England all persons were
subject to one and the same law and there was no
extraordinary tribunals or special courts for officers
of the government and other authorities.
3. Predominance of legal spirit:
• Documentary guarantee of rights is not enough -such
rights can be made available to the citizens only when
they are properly enforceable in the courts of law.
Rule of Law under Indian Constitution
• Rule of law runs through every provisions of the
Indian constitution.
• Diecy’s rule of law has been adopted and
incorporated in the Indian constitution.
• Supremacy of the constitution – Article 13.
• Constitutional requirement of equality – Article
14.
• Constitutional guarantee and judicial enforcement
of rights – Articles 32 and 226.
• Rule of law as a feature of basic structure.
• Elimination of arbitrariness, and not of discretion.
Judicial pronouncements on rule of law
A.K. Kraipak v. Union of India
The rule of law pervades over the entire field of
administration and every organ of the state is
regulated and controlled by the rule of law.
Keshvananda Bharati v. State of Kerala
The rule of law is one of the most important aspects
of the doctrine of basic structure.
Indira Nehru Gandhi v. Raj Narain
-Rule of law is basic structure of the constitution
-Judicial review is basic structure of the Constitution.
-Judicial review power can’t be take away through
constitutional amendments.
• Som Raj v. State of Hariyana
The absence of arbitrary power is the first postulate of the
rule of law upon which over whole constitutional edifice
is based. If the discretion is exercised without any
principle or without any rule, it is a situation amounting to
the antithesis of rule of law.
• Bachan Singh v. State of Punjab
Justice Bhagwathi observed that what is necessary
element of rule of law is that the law must not be arbitrary
or irrational and must satisfy the test of reason and the
democratic form of polity seeks to ensure this element by
making the framers of the law accountable to the people.
• State Finance Corp. v. Jagadamba
The obligation to act fairly on the part of the
administrative authorities was involved to ensure the rule
of law and to prevent failure of justice. This doctrine is
complementary to the principles of natural justice which
the quasi-judicial authorities are bound to observe.
• In Re Arundhati Roy case
Rule of law is the basic rule of governance of any
civilized democratic polity. Our constitutional scheme is
upon the concept of rule of law which we have adopted
and given to over selves. Everyone, whether individually
or collectively is unmistakably under the supremacy of
law. Whoever the person may be, however high he or she
is, no one is above the law – notwithstanding how
powerful and how rich he or she may be.
• A.D.M. Jabalpur v. Shivkant Shukla
There is no rule of law other than the constitutional rule
of law.
• National Legal Services Authority v. Union of India
Rule of law is an important pillar of the Indian
Constitution and aims to fulfill the goals of social justice
through public order.