Rule of Law

Elaboration

Meaning: Government and citizens alike are bound by law; no one is above it; power must be exercised by known, fair legal rules, not arbitrary discretion. Associated with A.V. Dicey (Law of the Constitution, 1885).
Dicey's three principles: (1) Supremacy of regular law over arbitrary power; (2) Equality before law (all classes subject to ordinary courts); (3) Constitution as result of ordinary law, i.e., rights come from judicial decisions (predominance of legal spirit).
Indian constitutional basis: Art 14 (equality before law and equal protection of laws: Art 14 strikes at arbitrariness), Art 21 (life and liberty only by procedure established by law), Art 32/226 (remedies), Art 13 (laws inconsistent with FRs void), Art 300A (property only by authority of law), Art 265 (no tax without law).
Key cases:
- A.K. Gopalan (1950): narrow reading of Art 21.
- E.P. Royappa (1974): arbitrariness is antithetical to equality; new concept of equality.
- Indira Gandhi v Raj Narain (1975): Rule of law is a basic feature.
- ADM Jabalpur v Shivkant Shukla (1976): during Emergency, right to move court for habeas corpus suspended; 4:1 majority, Justice H.R. Khanna dissented. Overruled in Puttaswamy (2017).
- Maneka Gandhi v UoI (1978): procedure must be just, fair and reasonable; linked Arts 14, 19, 21 (golden triangle).
- K.S. Puttaswamy (2017): right to privacy; formally overruled ADM Jabalpur.
Exceptions to equality before law: Art 361 (President/Governors immune from criminal proceedings during term), Art 105/194 (parliamentary privileges), foreign diplomats, Art 31C.
Rule of law vs rule by law: The former limits power; the latter uses law as a tool of power.
Contemporary extensions: access to justice, free legal aid (Art 39A), speedy trial (Hussainara Khatoon), judicial independence, proportionality in state action.

Key points to remember

Rule of law = basic structure (Indira Gandhi v Raj Narain, 1975).
ADM Jabalpur (1976) = darkest chapter; overruled in Puttaswamy (2017).
Arbitrariness = negation of equality (Royappa, Maneka Gandhi).
Dicey = UK; Indian Art 14 draws on Dicey's "equality before law" (British) and "equal protection of laws" (USA).

PYQ / MCQ

1. 'Rule of law' is associated with:

(a) Montesquieu

(b) A.V. Dicey

(d) Rousseau

Answer: (b)

2. Which case was overruled in the Puttaswamy judgment?

(a) Kesavananda

(b) ADM Jabalpur

(d) Maneka Gandhi

Answer: (b)

3. 'Equality before law' and 'equal protection of the laws' in Art 14 are borrowed from:

(a) Britain and USA respectively

(b) USA and Britain respectively

(d) Both from USA

Answer: (a)