One of the most fundamental tenets of the English Constitution is the Rule of Law. The doctrine is firmly established in all the legal systems in the world that encompass the United States of America and Indian constitutions.
Rule of Law and Indian Constitution
The Preamble of the constitution sets down the principles of liberty, justice, equality. These principles are again explained in part 3 of the constitution and are mandated by law. All 3 branches of the government are subordinate to the constitution i.e legislature, executive and judiciary.
Legislative Branch: Creates laws by passing legislation through elected representatives.
Executive Branch: Enforces laws by implementing policies and managing government operations.
Judicial Branch: Interprets laws by reviewing cases and deciding on their constitutionality.
These 3 branches of government are not only subordinate to the constitution but are also bound to function as per the provisions of the constitution. The doctrine of judicial review is enshrined in the Constitution and people can go to the High Court and the Supreme Court for the enforcement of fundamental rights. In case the Executive or the government misuses the power entrusted to it or the action is mala fide, the same can be quashed by the regular courts of law.
The rule of law is one ideal in array of values that dominates liberal political=morality and also includes democracy, human, rights, social justice, and economic freedom. The rule of law is not only for the government but also to protect the people from injustice.
The rule of law is a fundamental principle that holds all people and institutions accountable to the same laws. It’s a core value of democracy and a key part of the United Nations’ human rights agenda.
In India the rule of law is the principle that the law governs the country, not the ruler. It means that all people are subject to the law, including government officials.
The existing principle of rule of law requires compliance by the state with its obligations in international law which whether deriving from treaty or international custom and practice governed the conduct of nations.
It insists that the government should work within the framework of law avoiding any kind of biasness or substandard actions.it requires participation from both the sides that is the citizens shall also comply with the law even when they do not agree with it. The law is supreme and no one is above the law. It helps in providing help and justice and protecting the rights of the people. It is controversial as to what the rule of law requires this is partly because the rule of law is a working political idea, as much the property of ordinary citizens, lawyers, activists and politicians as of the jurists and philosophers who study it.
Dicey’s Concept of Rule of Law
As per Prof. A.V.Dicey, “the rule of law means the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or even of wide discretionary authority on the part of the government.” (The Law of the Constitution). Dicey regarded rule of law as the bedrock of the British Legal System: ‘this doctrine is accepted in the constitutions of U.S.A. and India.
According to Prof. Dicey, rules of law contains three principles or it has three meanings as stated below:
Supremacy of Law:
The law is the highest authority in the land, and all individuals, institutions, and government officials must obey it. No one is above the law, including lawmakers, judges, and heads of state.
This principle prevents arbitrary rule and ensures that power is exercised within legal limits. It safeguards citizens from abuse of power and tyranny.
Equality Before the Law:
Every individual, regardless of status, wealth, gender, race, or political influence, is treated equally under the law. Discrimination or favoritism is prohibited.
This ensures justice and fairness, protecting citizens from discrimination and bias in the application of laws.
Predominance of Legal Spirit:
This principle emphasizes the protection of individual rights and freedoms through a fair legal system. It ensures that personal liberties are safeguarded by law, and not left to the discretion of rulers or officials.
Characteristics of rule of law:
Accountability – Rule of law requires that everyone, including government officials, is accountable for their actions under the law. Public authorities must operate within legal boundaries and can be held accountable through judicial review or other legal mechanisms if they abuse power.
Fair and Impartial Legal Process – Legal proceedings must be conducted in a transparent, unbiased manner. Judges and juries must be impartial, and decisions should be based solely on evidence and legal principles, not on personal prejudices or political pressure.
Protection of Fundamental Rights – Rule of law protects basic human rights and freedoms, such as freedom of speech, religion, and the right to a fair trial. These rights are typically enshrined in a country’s constitution or international human rights treaties.
Transparency and Clarity – Laws must be publicly known, clearly written, and consistently enforced. This ensures that individuals understand what is legal and illegal, helping them to conform to the law. For example, tax laws must be transparent so that citizens know their obligations.
Independence of the Judiciary – Courts must be free from influence by the executive or legislative branches of government or any private interests. This independence is crucial to ensure impartial judgments and to protect citizens’ rights.
Separation of Powers – Government power is divided among three branches: the legislative (makes laws), executive (enforces laws), and judiciary (interprets laws). This division prevents the concentration of power and creates a system of checks and balances, reducing the risk of authoritarian rule.
Conclusion:
In conclusion, the “rule of law” serves as a cornerstone for ensuring justice, equality, and stability within any society. By understanding rule of law principles and recognizing the importance of rule of law in modern societies and democracies alike, we can appreciate its profound impact on both citizens and governments. Upholding these principles enhances transparency, accountability, and fairness across different legal systems worldwide. While challenges in implementation persist globally, acknowledging the benefits of rule of law highlights the necessity for continued dedication to its preservation and enhancement.
