Rule of Law in India
Rule of Law means governance by law and not by arbitrary power. Though not explicitly mentioned in the Constitution of India, it is considered a basic feature upheld by the Supreme Court.
History and Development
- Ancient Origin: Started with Aristotle.
- Medieval Thinkers: Sir John Fortescue, John Locke, Montesquieu.
- Modern Thinkers: A.V. Dicey, F.A. Hayek, John Rawls.
Dicey’s Principles of Rule of Law
- Supremacy of Law: No person can be punished except for a breach of law proven in a court.
- Equality before Law: Everyone is subject to the same laws.
- Predominance of Legal Spirit: Rights are defined and enforced by the courts.
Key Characteristics
- Supremacy of law
- Equality before law
- Protection against arbitrary action
- Government actions must be lawful
- Judiciary protects the Rule of Law
- Based on natural justice
- Core of democracies worldwide
Rule of Law in Indian Constitution
- Preamble: Enshrines justice, liberty, equality.
- Article 14: Equality before the law and equal protection of laws.
- Article 21: Right to life and personal liberty via due process.
- Judicial Review: Articles 13, 32, 136, 142, 226 allow courts to check the constitutionality of laws.
Exceptions to Rule of Law in India
- Discretionary Powers: President (Art. 72), Governor (Art. 161), prorogation (Art. 85), emergency reports (Art. 356).
- Immunities: President/Governor not answerable in court; protections from criminal/civil proceedings while in office.
- Police Powers: Arrests without warrants for cognisable offences.
- Public Servants: Certain immunities for administrative efficiency.
- Criminal Courts: Wide discretionary powers in sentencing.
- Diplomatic Immunities: Provided under international law.
Important Judgments
- Indira Gandhi v. Raj Narain: Rule of law is part of the basic structure.
- ADM Jabalpur v. Shivkant Shukla: Known as the “Habeas Corpus Case”; Justice H.R. Khanna dissented upholding individual liberty.
- Maneka Gandhi Case: Expanded Article 21 to include fairness and non-arbitrariness; connected Articles 14, 19, and 21.
- Som Raj v. State of Haryana: Arbitrary power contradicts the Rule of Law.
- Kesavananda Bharati v. State of Kerala: Rule of Law is part of the basic structure doctrine.
UPSC Previous Year Questions (PYQs)
Q1: In essence, what does ‘Due Process of Law’ mean? (UPSC Prelims 2023)
Answer: (c) Fair application of law
Answer: (c) Fair application of law
Q2: A legislation which confers on the executive an unguided and uncontrolled discretionary power violates which Article? (UPSC Prelims 2021)
Answer: (a) Article 14
Answer: (a) Article 14
Q3: Main features of Rule of Law? (UPSC Prelims 2018)
Answer: (c) 1, 2 and 4 only – Limitation of powers, Equality before law, Liberty and civil rights
Answer: (c) 1, 2 and 4 only – Limitation of powers, Equality before law, Liberty and civil rights