Rule of Law

 

One of the fundamental principles of the English Constitution is the concept of the Rule of Law, which is also a key feature in the constitutions of other nations, including the United States of America and India. This article delves into the meaning, origins, relationship with the Indian Constitution, and exceptions to the Rule of Law, providing a comprehensive understanding of the concept for polity and governance segment.

Origin of the Rule of Law

The Rule of Law is primarily attributed to Chief Justice Edward Coke of England, who served during the reign of King James I. Justice Coke emphasized the supremacy of law over executive power, asserting that even the King should be governed by God and Law. This doctrine was further developed by Albert Venn Dicey, particularly in his influential work, The Law and the Constitution (1885).

Dicey's Three Main Principles of Rule of Law

In his book, Dicey outlined three key meanings of the Rule of Law:

1. Supremacy of Law According to Dicey, the Rule of Law signifies the absolute supremacy of regular law, as opposed to arbitrary or discretionary power. It mandates that no individual can be arrested, punished, or made to suffer in body or property except through a legal process defined by the law. This principle ensures that there is no arbitrary exercise of power by the government.

2. Equality Before the Law Dicey emphasized that everyone, irrespective of their position or status, should be equal before the law. This implies that all individuals should be subject to the same laws, administered by ordinary courts. He argued that creating special tribunals or exempting civil servants from ordinary judicial scrutiny undermines equality before the law and erodes citizens' rights.

3. Judge-made Constitution Dicey observed that while many countries have rights enshrined in written constitutions, England's rights are largely the result of judicial decisions in real cases. In this regard, Dicey argued that courts of law, through their decisions, safeguard liberties, and rights are better protected when they are enforceable in courts, rather than simply declared in a document.

Rule of Law in the Indian Constitution

The Indian Constitution enshrines the ideals of Justice, Liberty, and Equality in its Preamble, and these principles are reflected in Part III (Fundamental Rights) of the Constitution. These rights are enforceable, and all three branches of government — the Legislature, Executive, and Judiciary — are bound by the provisions of the Constitution. The concept of judicial review ensures that individuals can approach the High Court and Supreme Court for the enforcement of their fundamental rights. If the government or its authorities misuse power, the courts can quash such actions.

In the case of Chief Settlement Commissioner Punjab v. Om Prakash, the Supreme Court of India highlighted the importance of the Rule of Law in the Indian constitutional framework. The Court affirmed that in India, the Rule of Law means the authority of the courts to assess all administrative actions by the standard of legality. This concept rejects the idea of a dual state where government actions are immune from legal control.

Exceptions to the Rule of Law

While the Rule of Law is a foundational principle, there are some exceptions:

1. Inequality of Powers: The powers of private citizens and public officials are not equal. For example, a police officer has the authority to arrest, a power unavailable to the average citizen.

2. Special Rules for Specific Groups: Certain groups, like the armed forces, are governed by specialized laws, such as military law, rather than the ordinary law applicable to citizens.

3. Discretionary Powers: Ministers and other executive bodies are granted wide discretionary powers by statutes, which can sometimes fall outside the ordinary legal framework.

4. Professional Exceptions: Specific professions, like law, medicine, and nursing, have their own set of rules and regulations governing their conduct, which might not align with general legal norms.

Conclusion

The framers of the Indian Constitution succeeded in creating a framework that upholds the Rule of Law, ensuring that the rights of the people are protected, and that all individuals are treated equally before the law. The Indian Constitution provides ample mechanisms to uphold the Rule of Law, and the judiciary plays a crucial role in enforcing these mechanisms. While challenges such as outdated legislation and overcrowded courts exist, bodies like the Law Commission of India continue to work towards improving the legal system. The ultimate goal remains a legal system where the Rule of Law functions smoothly, without hindrances.