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IAS Preparation > UPSC Preparation Strategy > Rule of Law - UPSC Notes

Rule of Law - UPSC Notes

One of the very basic principles of the English Constitution is the
concept of the Rule of Law. The concept is well established in all legal
systems in the world which include the constitutions of the United
States of America and India. In this article, you can read all about the
concept of the rule of law, its meaning, origins, relation to the Indian
Constitution and exceptions to the rule of law for the UPSC exam polity
and governance segment.

Chief Justice Edward Coke of England, who held office during the reign
of King James I, is considered to be the originator of this doctrine.
Justice Coke while emphasizing the supremacy of law against the
executive stated that the King should be under God and Law. The
theory of Justice Coke was developed by Dicey in his classic work “The
Law and the Constitution” which was published in the year 1885.

Rule of Law UPSC Notes:- Download PDF Here

Rule of Law – Meaning & Scope

Dicey in his work stated that the Rule of Law is fundamental to the
English legal system and gives the following three meanings to the
doctrine:

1. Supremacy of Law
a. Rule of law according to Dicey means the absolute supremacy or
predominance of regular law as opposed to the influence of
arbitrary power or wide discretionary power.
b. It means the exclusion of the existence of arbitrariness on the part of
the government.
c. This in essence 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.
2. Equality before Law
a. While explaining this aspect of the doctrine, Dicey stated that there
must be equality before the law or equal subjection of all classes to
the ordinary law of the land administered by the ordinary law courts.
b. Dicey believed that the exemption of civil servants from the
jurisdiction of the ordinary courts of law and providing them with
special tribunals was the negation of equality.
c. He stated that any encroachments on the jurisdiction of the courts
and any restriction on the subject’s unimpeded access to them are
bound to jeopardise his rights.
3. Judge-made Constitution
a. Dicey observed that in many countries rights such as the right to
personal liberty, freedom from arrest, freedom to hold public
meetings, etc. are guaranteed by a written Constitution; in England, it
is not so.
b. In England, those rights are the result of judicial decisions in concrete
cases that have actually arisen between the parties.
c. Thus he emphasized the role of the courts of law as guarantors of
liberty and suggested that the rights would be secured more
adequately if they were enforceable in the courts of law than by
mere declaration of those rights in a document.

Rule of Law and Indian Constitution

The Preamble of the Constitution itself prescribes the ideas of Justice,
Liberty and Equality. These concepts are further enunciated in Part III
of the Constitution and are made enforceable. All three branches of
the government are subordinate i.e. the Judiciary, Legislature and the
Executive are not only subordinate to the Constitution but are bound
to act according to the provisions of the Constitution. The doctrine of
judicial review is embodied in the Constitution and the subjects can
approach the High Court and the Supreme Court for the enforcement
of fundamental rights. If the Executive or the government abuses the
power vested in it or if the action is mala fide, the same can be
quashed by the ordinary courts of law.

The Supreme Court of India in Chief Settlement Commissioner Punjab

v. Om Prakash observed that in our constitutional system, the central Join BYJU'S Learning
Program
and most characteristic feature is the concept of the rule of law which
means, in the present context, the authority of the law courts to test all Name
administrative action by the standard of legality. The Court added
that the doctrine of rule of law rejects the conception of the dual state
Mobile Number
in which government action is paced in a privileged position of
immunity from control by law.
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Exceptions to Rule of Law

Some exceptions to the concept of the rule of law are discussed
below.

‘Equality of Law’ does not mean that the powers of private citizens are the
same as the powers of public officials. e.g. a police officer has the power to
arrest which the private citizen does not have.
The rule of law does not prevent certain classes of persons from being
subject to special rules, for example, the armed forces are governed by
military laws.
Ministers and other executive bodies are given wide discretionary powers
by the statute.
Certain members of society are governed by special rules in their
professions like lawyers, doctors and nurses.

Conclusion

The founding fathers of India accomplished what the rest of the world
thought impossible – establish a country that would follow the letter of
the law and implement the Rule of Law. In all matters such as the
protection of the rights of the people, equal treatment before the law,
and protection against excessive arbitrariness, the Constitution of
India has provided enough mechanisms to ensure that the Rule of
Law is followed. Through its decisions, the Courts have strived to
reinforce these mechanisms and ensure smooth justice delivery to all
citizens. Problems such as outdated legislation and overcrowded
courts are but small hindrances and bodies such as the Law
Commission of India work towards ironing out these problems with the
aim of achieving a system where there are no barriers to the smooth
operation of the Rule of Law.

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