PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH

DEPARTMENT OF LAW, INDORE

SUBMITTED BY:- AKANSHA THAKUR

CLASS:- LLB [HONS] 2nd sem

SUBMITTED TO:- MISS PRACHI SHARMA MAM

TOPIC:- RULE OF LAW

 ACKNOWLEDEGEMENT

I AKANSHA THAKUR from LL. B (Hons.) take this opportunity to express my

sincere gratitude to Miss PRACHI SHARMA Mam for her valuable time,
guidance, support and encouraging words during the duration of this project. I
would also like to thank my fellow classmate and friends who helped me in
obtaining the valuable resources that I require for the completion of this project.
INDEX

(1) INTRODUCTION
(2) HISTOEY OF RULE OF LAW
(3) CHARACTERSTICS OF RULE OF LAW
(4) PRINCIPLES OF RULE OF LAW
(5) AV DICEYS THEORY OF RULE OF LAW
(6) CONCLUSION
INTRODUCTION

Rule of law is a mechanism, process, institution, practice, or norm that supports the
equality of all citizens before the law, secures a nonarbitrary form of government,
and more generally prevents the arbitrary use of power1. It means that no man can
be arrested, punished or be lawfully made to suffer in body or in goods except by
the due process of law and for breach of a law established in the ordinary legal
manner before the ordinary courts of the land. It means the exclusion of the
existence of arbitrariness on the part of the government.

The principle of the Rule of Law is a key component of modern civil society. The
rule of law is the rule of statutes, regulations, and other rules. It refrains from the
arbitrary actions of men. Rule of law in no way signifies any ‘law’ or any ‘rule’
rather it is a doctrine of moral administration of a state with political and social
justice. The Rule of Law establishes equilibrium between the rights of the
individuals and the duties of the state. The idea of rule of law is based on the
principles of liberty, fair treatment, due process, equity, equality, and transparency.

The expression ‘Rule of Law’ has been used to distinguish itself from the
expression ‘Rule of Men’ which involves arbitrary actions by individuals. The
values of sovereignty, equal opportunity, indiscrimination, brotherhood, tolerance,
and equity are built on the rule of law. In a broad sense, the term ‘rule of law’ is
often used in two ways: formatically and ideologically.

ORIGIN AND HISTORY OF RULE OF LAW

The rule of law is the outcome of the struggle and hardship faced by generations
since time immemorial for recognition of their basic rights. The phrase ‘Rule of
Law’ has been derived from the French phrase ‘le Principe de legalite’ which
means the principle of legality.

The origin of the Rule of Law can be traced back to the 13th century A.D. It was
during the 13th century that Henry de Bracton, a judge in the reign of Henry III
stated during the hearing of one of the cases that – The King is not supreme. He is
subjected to the almighty and the law. The king is subjected to the law because it is
due to the law only that he is made a king.

Although Judge Henry did not explicitly use the phrase ‘Rule of Law’, he
highlighted the essence of the principle of rule of law.
In modern times, the credit for originating the concept of rule of law has been
given to Edward Coke. He reinstated the words of Judge Henry and said that
theKing must be under God and the law. He further reaffirmed the supremacy of
law over the sense of superiority of the executive.

Initially, several Greek philosophers such as Aristotle, Plato, and Cicero are
considered to be the proponents of the Principle of the Rule of Law. For instance,
advocating the Rule of Law, Plato in his book ‘Complete works of Plato’ wrote
that –

The collapse of the state is not far where the law is made subjective to the
authorities but the states where the law is considered supreme all the blessings of
the god fall on such a state and it flourishes through all times.

As per a distinguished Greek scholar, Aristotle – The rule of law is the system of
regulations that are inherent in the natural setting of the social structure prevailing
in the society.

CHARACTERSTICS OF RULE OF LAW

The doctrine of rule of law comprises several characteristics which are as follows:

The Rule of Law explicitly condemns arbitrary actions by men. The foundation of
the Rule of Law is safeguarded when authorities are not permitted to govern as per
their inclinations and eccentricities while practising their authority.

No one can be prosecuted or severely punished under the concept of the Rule of
Law unless and until he has violated the laws.

As per the Rule of Law, everybody is equal before the law. No one is above the
law. Law does not change itself depending on the person before the law. Rich,
poor, white, or black plays no role in the implementation of law and it provides
justice to everyone irrespective of their caste, creed, status, gender, etc.

The Rule of Law is a fundamental basis of most democracies around the world
because it is pervasive in its applicability and has been a component of most
judicial systems around the globe.

As per the doctrine of Rule of Law, an individual could only be penalized if he is

accused of a violation of any law and that accusation is proven by an autonomous
entity, such as a court.
PRINCIPLES OF RULE OF LAW

Supremacy of Law, this Law is above everyone irrespective of an individual’s

rank, status or position.

Whims and Fancies play no role in a state where rule of law prevails. All the
actions of the legislature and the executive are held in accordance with laws.

No person shall suffer due to the arbitrariness of another. One can be punished
only by the procedure established by law and for the violation of such law.

The absence of arbitrariness and discretionary decision-making is the heart and

soul of the Rule of Law.

The rule of law entails equality before the law and equal protection of the law.

There are powers provided to people holding specific authority. Such power shall
be exercised keeping in mind the limitations and boundaries that are set by the law
itself.

Law provides protection and justice against any tyrannical action taken by the
executive.

The judiciary is the preserver as well as the protector of the rule of law. It is meant
to be independent and free from biases.

For every action taken by the executive, just procedure should be followed, and
fair treatment should be provided to all the individuals.

A speedy trial is the basic component of rule of law. It entails ‘Justice delayed is
justice denied.

A.V. DICEYS THEORY OF RULE OF LAW

He gave several real-life examples to explain his theory. He stated that the essence
of rule of law is equality and equal treatment. He took the instance of the person in
power, say, the Prime Minister, and an ordinary citizen of a country working in a 9
to 5 job. He said that in a state where rule of law prevails both the prime minister
as well as an ordinary citizen of a country working in a 9 to 5 job shall be treated
equally irrespective of the position they are holding. The same laws should be
enforced for everybody; there should be no distinction under the rule of law based
on certain defined variables. The rule of law advocates the supremacy of law. A.V
Dicey proposed three postulates of Rule of Law, which are as follows:

 Supremacy of Law:-It is the first postulate of Dicey’s theory of rule of law.

It indicates that the law is supreme over all individuals. It also includes the
individuals who are making, administering, or executing the laws.
 Equality before the Law:-The second postulate of Dicey’s theory of Rule of
Law is Equality before law. It states that every individual, regardless of
status or rank, is subject to ordinary laws of the land as well as the
jurisdiction of the ordinary court, not any special court. All the special courts
offering competence under special laws, in his opinion, are a danger to the
values of equality
 The predominance of legal spirit:-The third postulate of Dicey’s theory of
Rule of Law is the predominance of legal spirit. He felt that because the
courts are the actual enforcers of the rule of law, they should be devoid of
bias and extraneous intervention. He claimed that the institutions of law,
rather than the codified constitution, are the supreme guardians for the
protection of the fundamental rights of the individuals.

CONCLUSION

Considering the concept of rule of law, it can be deduced that because of the
vibrancy innate in the theory itself, the Rule of Law has advanced at a rapid pace
since its outset. According to the rule of law, the people must be influenced by
proper conduct rather than choices taken arbitrarily by the ruling elites. It is critical
to remember that the laws that are created should be broad and specific and that
they should be enforced equally by all citizens. The essential feature of
constitutionalism is the legal constraint on authorities. Under the idea of
constitutionalism, ruling classesare not above the law government powers are
divided into legislation passed by one body and administered by another, and
judicial independence exists to guarantee laws.

However, despite all of the evolution that the principle has undergone, when
examined in the reference to India, the Rule of Law does prevail, but it cannot be
said to be strictly followed. The rule of law has not produced the desired results in
Indian society.

BIBLIOGRAPHY

 Jain,M.P. and S.N. Jain, Principles of administrative law

 Dr, JJR upadhyay administrative law
 Dr, UPD kesari
 https://legalserviceindia.com/legal/article-719-rule-of-law.html