Important Judgments for Rule of Law in India Upsc

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
Q2: A legislation which confers on the executive an unguided and uncontrolled discretionary power violates which Article? (UPSC Prelims 2021)
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
* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.