RULE
OF LAW:
Democracy is based on
the principles of equality. It means all are equal before law and no
discrimination is made between one and the other. The system under which all
persons are governed by the same law and same set of rules and regulations is
called Rule of Law. It is the rule of law or according to law. The Latin
expression for the rule of law is la
legalite.Rule of Law is quite similar to American expression ‘’due
process of law’’ which means government on the principles of law and not of
men; law must rule and justice should prevail.
The
doctrine of Rule of law is a legal concept. A concept is a
tool of thought which we use to deal with certain situations. This concept of
rule of law which embraces within its fold legislation and principles of
natural justice is so powerful that no democratic country in the world can
afford to disregard it.
The
concept of rule of law is one of the basic features of British constitution.
The greatest exponent of rule of law is A.V.
Dicey. He fully analyzed this in his book ‘’Introduction to the law of the Constitution’’.
Dicey attributed the
following three meanings:
·
Supremacy of law and consequently,
absence of arbitrary power
·
Equality before law
·
Protection of individual liberties by
the courts as they define and enforce existing law.
BASIC
FEATURES OF RULE OF LAW:
1. Law
does not recognize any special rights for any individual or group of individuals
2. Law
does not recognize distinction between one individual and another on the basis
of race, religion, sex etc.
3. All
are equal before law
4. None
is punished without proper trial
5. All
persons will be tried by the same courts and the same law will be applied to all.
But now, rule of law has suffered a
marked decline due to the growth of delegated legislation and immunities
enjoyed by various categories of people.
RULE
OF LAW AND INDIAN CONSTITUTION:
The framers of the Indian
constitution have adopted the concept of rule of law. Absence of arbitrary
power is the first essential ingredient of rule of law upon which our whole
constitutional system is based. Under Indian constitution, the rule of law pervades
over the entire field of administration and every organ of the state is
regulated by it.
In the case of Indira Gandhi vs. Raj Narain (1975):
The Supreme Court held
that Rule of Law embodied in Article 14
of Indian constitution is the ‘basic
feature’ and hence it cannot be destroyed even by an amendment of the
constitution under Article 368.
In the case of Som Raj vs. State of Haryana (1990):
The Supreme Court
explained; the absence of arbitrary power is the first postulate of rule of law
upon which our constitutional edifice is based. If the discretion is exercised
without any principle or without any rule, it is a situation amounting to
antithesis of rule of law.
In the case of Bachan Singh vs. State of Punjab (1980):
Justice Bhagwati,
pointed out that:
1.
Law making must be essentially in the
hands of democratically elected legislature.
2.
Even in hands of democratically elected
legislature, there should not be unfettered legislative power.
3.
There must be independent judiciary to
protect citizens against excessiveness of executive and legislative power.
The
INDIAN CONSTITUTION embodies within itself the concept of rule of law in
various articles.
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