RULE OF LAW

LA PRINCIPLE
DE LEGALITE
OUTLINE

Initiation Antiquity

Denotation Rule of law-Coke

Modern concept-
Rule of law-Dicey
Wade &Phillips

Constitutional
Comparison
provisions

Precedents Conclusion
INITIATION
• Rule of Law is a phrase that is very commonly used
whenever law is being studied. The concept of rule of
law is a very dynamic concept, capable of various
interpretations to enable the successful working of a
democracy.
• It is one of the most fundamental aspect of modern
legal systems. Most Constitutions, such as the English,
American and Indian, guarantee to follow the Rule of
Law and hence authorities are bound to follow it strictly.
• Administrative Law is largely based on this rule.
ANTIQUITY
Rule of Law is as old as civilisation.
 Origin- French phrase “la principle de legalite”.
 Expounded- Chief Justice Sir Edward Coke
during the James I rule.
 Developed- Prof. A.V. Dicey in his book’ The Law
of the Constitution’ published in 1885.
 Ancient name-
Natural Law

Romans- Law of God by

medievalists
Rousseau, Hobbes and
Locke- Social contract
or natural law
Jurisprudence-
Jus Naturale

Word
Origin
Modern name- Rule of
Law
DENOTATION
The literal meaning of the French phrase ‘la
principle de legalite’ is ‘a government based on the
principles of law’ or ‘principles of legality’.

In simple words, it means ‘the state of affairs in a

country where in main, law rules’
Or
‘A government based on principles of law and not of
men’.
RULE OF LAW ACCORDING
TO EDWARD COKE
Absence of
arbitrary power
on the part of the
government

No man is punishable
or can be made to
suffer in body or good
except for a distinct
breach of law
established in the
ordinary legal manner
before the ordinary
courts of the land
RULE OF LAW ACCORDING TO
A.V. DICEY

Doctrine of Rule of
Law as explained
by Dicey while
speaking about
British Constitution
laid down three
principles-
 Supremacy of
Law

Equality before
Law

Predominance
of a legal spirit
SUPREMACY OF LAW
 One can be punished only for breach of law.

 Absence of arbitrary power.

 Limited discretion for the organs of government.

 Punishment as per procedure established by law.

 Law is Supreme.
EQUALITY BEFORE LAW

 Man is below law.

 All are equal.

PREDOMINANCE OF LEGAL
SPIRIT
 Individual Liberties.

 Human Rights.

 Freedom.

 Fundamental Rights.
ADVANTAGES AND
DISADVANTAGES OF DICEY’S
THESIS
ADVANTAGES DISADVANTAGES

 Helped for the recognition  He failed to distinguish

and the growth of the b/w arbitrary powers and
concept of Administrative discretionary powers.
Law.

 Helped to make
 His thesis was not
administrative authorities completely accepted
confine to their limits. even in his era.
MODERN CONCEPT OF RULE
OF LAW
The modern conception of Rule of Law has been well
described by WADE and PHILLIPS in their book,
Constitutional Law- The Rule of Law means-

 Absence of arbitrary power.

 Effective control of and proper publicity for delegated

legislation particularly when it empowers penalties.

 Every man should be responsible to the ordinary law of

the land whether he may be a private citizen or public
officer.
 Fundamental rights are safeguarded by ordinary
law of the land.

 Private rights should be determined by impartial

and independent courts and tribunals.
COMPARING OTHER COUNTRIES
Dicey regarded rule of
law as the bedrock of the
British Legal system: this
doctrine is accepted in the
Constitutions of the U.S.A
and India.
UK
judge made
INDIA law evolved
rule of law and the
exists principles of
-but has no fixed
meaning rule of law
USA -rule of law in are
rights are India means recognized
expressly which is not
mentioned and by the
arbitrary and
hence ‘rule of unfair. courts.
law’ exists.
CONSTITUTIONAL
ARRANGEMENTS BASED ON
RULE OF LAW
 Article 13
If any law is inconsistent with fundamental right
or stood contrary to it, then it shall be declared void.

 Article 14
The expression ‘equality before law and equal
protection of law’ are taken from Dicey’s rule of law.

 Article 19
Fundamental right of freedom of speech and
expression, form association or unions, move freely
 throughout India and freedom of profession,
occupation, trade or business are based on rule of
law.

 Article 20
The doctrine of ex-post facto law, double jeopardy and
self incrimination, under article 20 are main branches of
rule of law.

 Article 21
Right to personal liberty is basic structure of rule of
law.

 Article 32 or 226
Right to file a writ.
 Article 141
Rule of stare decisis, law declared by the SC
shall be binding on all courts subordinate to it,
except SC itself.

 Article 265
Levy of tax or collection of tax must be under
the authority of law.

 Article 300-A
Right to property is a legal right and no person
shall be deprived of his property merely an
executive’s order and directions.
 What is the difference between
Equality Before Law and Equal
Protection of the Law?
 DIFFERENCE
 While equality before the law is a somewhat
negative concept implying the absence of
any special privilege in favour of any
individual and the equal subjection of
everyone to the ordinary law; equal
protection of the law is a positive concept
which guarantees equality of treatment
under equal circumstances.
PROOF OF EXISTENCE OF
RULE OF LAW IN INDIA

Separation of
Powers

Judicial
Judicial Review
Independence
 PRECEDENTS
 Bachan Singh v. State of Punjab (AIR 1980 SC)
(popularly known as death penalty case)
Bhagwati J said “rule of law excludes arbitrariness
and unreasonableness”.

 DC Wadhwa v. State of Bihar (AIR 1987 SC 579)

Principle of rule of law was invoked to decry
(disallow) the frequent abuse of ordinance making
power by the Executive.
 ADM Jabalpur v. Shiva Kant Shukla (AIR 1976 SC 1207)
SC said “rule of law is antithesis of arbitrariness”

Rule of law seeks to maintain balance between individual liberty and public
order.

 Indira Nehru Gandhi v. Raj Narain (AIR 1975 SC 2299)

SC declared Article 329-A as invalid since it abridged the basic structure
of the Constitution.

 Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461)

It was held that Rule of Law is a part of the basic structure of the
Constitution and therefore, it cannot be abrogated or destroyed even by the
Parliament.

 Minerva Mills vs Union of India (AIR 1980 SC)

It was held that limited Constitution amending power of the Parliament is a
part of the basic structure of the Constitution of India.
CLOSURE
Dicey’s rule of law impacted the
Administrative Law of England where as today rule
of law is seen more as a concept of rights of citizens.
Thus accepted in almost all countries outside the
communist.
On a brief overview of the Constitutional
provisions and judicial decisions, it can be safely
concluded that the Indian Constitution enshrines the
rule of law as a fundamental governance principle,
though the term is not mentioned expressly in the text
of the Constitution.
The concept of rule of law is a very dynamic
concept, capable of interpretations to enable the
successful working of a democracy.
THANK YOU