RULE OF LAW

THEORETICAL OVERVIEW

The rule of law is a fundamental principle that forms the basis of democratic societies and governs the relationship between individuals and the state. It implies that everyone is subject to the law, regardless of their position or status, and that laws are applied consistently and impartially.

Edward coke is said to be the originator of the concept of rule of law. He said that the king must be under the god or law.

He has 3 major points to say about this: –

1. 1^st rule– rule of law is required to ensure that there is no authoritarian rule of the crown
2. 2^nd rule– rule of law is required to ensure there is no arbitrary authority of government
3. 3^rd rule– it is required for the protection of individuals and their rights.

Rule of law is a dynamic concept and it is not capable of any exact definition. Rule of law means that law is the one that rules which is based on the principles of equality and freedom and non-discrimination.

Dicey’s formulation of rule of law

It states that rule of law has three principles

1. Supremacy of law – Absence of discriminatory power in hands of the government
2. Equality before law – no man is above the law
3. Predominance of legal spirit – rights of people must flow from customs and traditions of the people recognised by courts.

Exception to rule of law:-

1. Presidents and governors are provided with some immunity under art 361, 361(1), 361(2), 361(3).
2. Immunity to foreign diplomats
3. Immunity to high court and supreme court judges under article 121 which restricts the discussion of conduct of judges in parliament
4. Few laws of the land such as maintenance of internal security act(MISA), national security act(NSA).

The modern concept of rule of law says that the functions of the government should be so exercised in which the dignity of a man as an individual is upheld.

Here are some key aspects of the rule of law:

• Equality before the law: The principle of equality ensures that all individuals are treated equally under the law. No one is above the law, and everyone is entitled to the same legal protections and rights.

• Due process and procedural fairness: The rule of law guarantees that legal proceedings are conducted fairly and impartially. It ensures that individuals have the right to be heard, to present their case, and to challenge any allegations made against them.
• Independent judiciary: An independent judiciary is crucial for upholding the rule of law. It ensures that judges are impartial, free from political interference, and apply the law fairly and consistently.
• Protection of fundamental rights and liberties: The rule of law safeguards fundamental rights and liberties, such as freedom of speech, freedom of assembly, and the right to a fair trial. These rights are protected by law and cannot be arbitrarily infringed upon by the state or other individuals.

RELEVANT SECTIONS/ARTICLES OF THE CONSTITUTION 

• Article 32: Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been ‘unduly deprived’. The apex court is given the authority to issue directions or orders for the execution of any of the rights bestowed by the constitution as it is considered ‘the protector and guarantor of Fundamental Rights’.
• Article 14: Article 14 of the Indian Constitution applies not just to discriminatory class legislation but also to arbitrary or discriminatory State action. Because a breach of natural justice leads to arbitrariness, a violation of natural justice is a violation of Article 14’s Equality Clause. As a result, the notion of natural justice cannot now be ignored entirely by legislation since doing so would violate the basic rights protected by Articles 14 of the Constitution. 
• Article 21: Natural justice concepts are strongly rooted in several Articles of the Constitution. With the establishment of the idea of substantive and procedural due process in Article 21 of the Indian Constitution which talks about when a person is deprived of his life and personal liberty. All of the fairness included in natural justice principles may be read into Article 21 of the Indian Constitution. 

• Article 136: The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India

• Article 226: Gives High Courts the ability to issue instructions, orders, and writs to any person or authority, including the government. Whereas, Article 227 gives High Courts the power of superintendence over all courts and tribunals in the territory over which they have jurisdiction. 

IMPORTANT CASE LAWS: 

1. Maneka Gandhi v. Union of India: In this case the Supreme court in clear words observed that Article 14 strikes at arbitrariness in state actions and ensures fairness and equality in treatment.

2. E.P Royappa v. State of Tamil Nadu & Anr: The Supreme Court held that for the state to justify its action of curtailment of fundamental right it has to fulfil all the requirements provided under Article 14, 19 and 21.

3. Indra Nehru Gandhi V Raj Narayan: In this case the 39th amendment to the Constitution was challenged which has placed the election of President, Prime Minister, Vice-President and the Speaker of Lok Sabha unjustifiable in the courts of law. Holding the amendment as unconstitutional chief justice Ray found the amendment as violative of the basic structure of the Constitution i.e., Rule of Law. Rule of Law being anti thesis to arbitrariness does not empower the parliament to pass a retrospective law validating an invalid election. Such exercise of power is opposed to the basic principles of Rule of Law.

4. ADM Jababpur vs. shivakant Shukla– the apex court held that article 21 is our rule of law and if it is suspended then there is no rule of law.

OTHER IMPORTANT CONCEPT 

JUDICIAL REVIEW. 

Judicial review is the essential part of the rule of law. It not only protects the constitutional principles but also checks administrative actions and its legality. All actions of the state authorities and bureaucracy are all subject to judicial review and are accountable to the courts for the reasonableness of their actions.

IMPORTANT LEGAL MAXIMS 

1. AUDI ALTEREM PARTEM: No man shall be condemned unheard.

2. NEMO JUDEX IN CAUSA SUA POTEST: This maxim is known as the rule against bias which basically says that no man should be judge in his own case. This phrase emphasises that a person should be given the opportunity to defend himself. Every civilised society must adhere to this idea. This regulation applies to different phases of the administrative adjudication procedure, beginning with notification and ending with the final decision of tax responsibility.

3.DELEGATA POTESTAS NON POTEST DELEGARI: Delegata potestas non potest delegari is a legal maxim which means that “no delegated powers can be further delegated.” Alternatively, it can be stated delegatus non potest delegare (“one to whom power is delegated cannot himself further delegate that power”)

POINTS TO REMEMBER 

• The rule of law provides a stable and predictable legal framework that promotes justice, protects individual rights, and fosters social and economic development. It is essential for upholding democratic principles and maintaining a just and equitable society.
• The rule of law requires that those in power are accountable for their actions. Government officials and institutions should act within the framework of the law and be transparent in their decision-making processes.
• Upholding the rule of law is essential for maintaining a just and democratic society.
• The rule of law establishes a system where laws are clear, predictable, and applied equally to all members of society.
• The rule of law upholds and protects fundamental rights and freedoms.