THE DOCTRINE OF RULE OF LAW
APPLICABILITY OF DOCTRINE OF RULE OF LAW IN INDIA
The foundation of Indian Constitution is laid down on the bricks of “Rule of law”.1 The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a Government based on the principles of law.2 Rule of law has long normative history of contributing in edifice the legal system of European countries.3 Dicey developed this concept of ‘Rule of Law’.4 Dicey said ‘Rule of Law’ means, “the absolute supremacy of predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, or prerogative, or even wide discretionary authority on the part of the government.”5 Dicey’s concept of Rule of Law contains three principles:
I. Supremacy of Law: The rule simply states that “No man can be punished except for a breach of law.” Unless and until the offence is proved before the court no authority can curtail the freedom.6 The absence of arbitrary power is the primary postulate of Rule of Law upon which the whole constitutional edifice is dependent.7
II. Equality before Law: - The Second rule states that no man is above law. Every man whatever is his status or condition is subject to the law of the land.8
III. Predominance of Legal Spirit: - The Third facet of the rule of law is that legal principles of the constitution are the result of juridical decisions not evolving directly from the constitutions. Constitution is not the source rather the result of the rights of the people. Therefore, courts are basic guarantors of the liberty of the people.9
In Veena Seth v/s State of Bihar,10 said that law should not be only for educated and well versed, but also for the illiterate and poor. Now, the courts in India have expanded the interpretation of “Rule of Law” Likewise, in Kesavanda Bharti vs. State of Kerala11 The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure. In Menaka Gandhi
The foundation of Indian Constitution is laid down on the bricks of “Rule of law”.1 The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a Government based on the principles of law.2 Rule of law has long normative history of contributing in edifice the legal system of European countries.3 Dicey developed this concept of ‘Rule of Law’.4 Dicey said ‘Rule of Law’ means, “the absolute supremacy of predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, or prerogative, or even wide discretionary authority on the part of the government.”5 Dicey’s concept of Rule of Law contains three principles:
I. Supremacy of Law: The rule simply states that “No man can be punished except for a breach of law.” Unless and until the offence is proved before the court no authority can curtail the freedom.6 The absence of arbitrary power is the primary postulate of Rule of Law upon which the whole constitutional edifice is dependent.7
II. Equality before Law: - The Second rule states that no man is above law. Every man whatever is his status or condition is subject to the law of the land.8
III. Predominance of Legal Spirit: - The Third facet of the rule of law is that legal principles of the constitution are the result of juridical decisions not evolving directly from the constitutions. Constitution is not the source rather the result of the rights of the people. Therefore, courts are basic guarantors of the liberty of the people.9
In Veena Seth v/s State of Bihar,10 said that law should not be only for educated and well versed, but also for the illiterate and poor. Now, the courts in India have expanded the interpretation of “Rule of Law” Likewise, in Kesavanda Bharti vs. State of Kerala11 The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure. In Menaka Gandhi