Rule of Law under the Indian constitution, Tnpsc Notes
The rule of law means everyone is equal before the law, that is a concept of ‘equality before the law’, Irrespective of race, caste, religion, sex, etc. This feature is borrowed from the British Constitution.
The rule of law is a basic feature of our constitution, as it is a judicial review. The concept of ‘Rule of law’, coined by A.V. Dicey, a British Jurist. The rule of law is based on the following basic elements:
Absence of arbitrary Power – This says that no one should be punished unless that individual breaches the law.
Equality before the law – This says that everyone is equal before the law of the land that is protected by the law courts, irrespective of being rich or poor, caste, race, language, sex, etc.
Rule of law in India
The Supreme Court established that the ‘Rule of Law’ in Article 14 is a basic feature of the constitution and cannot be destroyed even by an amendment. The National Human Rights Commission has interpreted its functions established in Section 12 of the Act.
It is especially to include monitoring of the functioning of bodies of governance with the idea to ensure protection of human rights and to prevent human rights violations. NHRC also visualises its role to improve governance and strongly believes that good governance as per the constitution and “Rule of Law” alone will be effective for better protection of human rights.
Safeguards of liberty – Rule of law or equality in the eyes of the law is important to safeguard liberty and this is the bulwark against discrimination based on caste, class, colour, etc.
Earlier as per ‘locus standi‘, only the affected individual can approach the court for justice. But after the introduction of PIL, any citizen can approach the court for enforcing the rights of any person who is unable to go to court.
Now, PIL is absolutely necessary for maintaining the ‘Rule of Law’.
| Principle | Explanation | Constitutional Basis |
|---|---|---|
| Equality Before Law | No one is above the law, and every citizen is equal before the law, ensuring fair treatment without discrimination. | Article 14 – Right to Equality |
| Supremacy of Law | The Constitution is the supreme law of India. Any law inconsistent with the Constitution is void. | Article 13 – Judicial review, fundamental rights |
| Due Process of Law | Individuals cannot be deprived of their rights or property without following legal procedures. | The power of the judiciary is to review laws and executive actions to ensure they conform to the Constitution. |
| Access to Justice | Every individual has the right to access courts and legal remedies for grievances. | Article 32 – Right to Constitutional Remedies |
| Judicial Independence | Courts must be free from influence or control by other branches of government to impart impartial justice. | Article 50 – Separation of Judiciary from Executive |
| Rule of Law and Fundamental Rights | The law must uphold the fundamental rights of individuals, ensuring protection from arbitrary actions. | Part III – Fundamental Rights |
| Accountability of the Government | Government actions must be in accordance with law, and no executive action can violate constitutional mandates. | Article 14 – Right to Equality, Article 21 – Right to Life |
| Judicial Review | The power of the judiciary to review laws and executive actions to ensure they conform to the Constitution. | Article 13 – Review of laws by the Judiciary |
Supreme Court Judgements concerning ‘Rule of Law’
The Supreme Court declared that “Government of laws and not of men”, that is ‘Rule of law’ infamous Indira Nehru Gandhi case of 1975, also called an Election case. The Supreme Court also declared the ‘Rule of Law’ in various cases such as the S. Sampath Kumar Case of 1987, P. Sambamurthy Case of 1987, Indra Sawhney Case of 1992, and I.R. Coelho Case of 2007.
Exceptions to the Rule of Law in India
The president and governor of the state are immune to the ‘Rule of Law’ as per Article 361. The President and Governor are not answerable to any court for their work, performance, and duties done in his/her office.
During the tenure in his/her office, no criminal proceeding can be put against the president and governor in any court. The president and governor cannot be arrested or imprisoned during his/her tenure in office.
No civil case can be instituted against the President or Governor when he/she entered into the office, done even during the term of office, in any court until the expiration of two months next after the notice is delivered to him.
As per Article 361-A, there should be no criminal or civil proceeding against a person concerning the publication ina newspaper/radio/television of a significantly true report of the proceedings of Union or State legislature.
As per Article 105, no MP (Member of the Parliament) can be liable to any proceeding in any court for his speech or vote given in the Parliament or any committee.
Similarly, as per Article 105, no Member of the legislature of a state can be liable to any proceeding in any court for his speech or vote given in the Legislature or any committee.
The foreign rulers, ambassadors, and diplomats are exempt from criminal and civil proceedings. Similarly, the UNO and its agencies also enjoy diplomatic immunity.
Article 31-C is excepted from Article 14
Yes, it is generally stated that Article 31-C is an exception to Article 14 of the Indian Constitution. Here’s a breakdown of why:
Article 14: Equality Before Law
- Guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.1
- Essentially ensures that all individuals are treated equally by the law.
Article 31-C: Saving of Laws Giving Effect to Certain Directive Principles
- This article was inserted to ensure that laws made by the State to implement the Directive Principles of State Policy (DPSP) specified in Article 39(b) and (c) cannot be challenged in court on the grounds that they violate Article 14 (or Article 19, which guarantees certain freedoms).
- Article 39(b) relates to the distribution of the material resources of the community to best subserve the common good.
- Article 39(c) concerns preventing the concentration of wealth and means of production to the common detriment.
The Exception
- Article 31-C explicitly states that if a law is enacted to further the goals of Article 39(b) or (c), it will not be deemed void even if it is inconsistent with Article 14.
- This creates an exception to the principle of equality enshrined in Article 14, prioritising the implementation of these specific Directive Principles.
Historical Context and Evolution
- Article 31-C was introduced through the 25th Amendment Act of 1971 to overcome challenges in implementing socio-economic reforms that were sometimes struck down for violating fundamental rights, including the right to equality.
- Later, the 42nd Amendment Act of 1976 attempted to extend this protection to all Directive Principles, but this was partially struck down by the Supreme Court in the Minerva Mills case (1980).
- Currently, the protection under Article 31-C is generally considered to apply only to laws aimed at implementing the principles laid down in Article 39(b) and (c).
In essence, Article 31-C carves out a specific area where the need to implement certain socio-economic policies (as outlined in Article 39(b) and (c)) is given precedence over the fundamental right to equality under Article 14.