Rule of law

Rule of law is the basic principle of any free legal system. It states that an individual is not above law, but that law treats all as equal before it. Equality means that similar shall be treated in same fashion in similar circumstances. Rule of Law provides for equality, freedom and accountability.

Dicey’s principle of ‘rule of law’ can be defined as:

(i)                  Absence of arbitrariness in action

(ii)                Equality before law, and

(iii)               Independence of judiciary

In India, the principle of Rule of Law has been provided under Article 14 of the Constitution that states 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.

In the case of ADM Jabalpur v Shivkant Shukla (Habeas Corpus case), an appeal was put forward claiming that the detention orders during Emergency violated the Rule of Law. But this contention did not succeed in the court of law.

However, later in the case of Kesavand Bharti v State of Kerala, the basic structure doctrine was laid down and Rule of Law was declared to be the basic structure of the Constitution.

The principle of equality means that no person shall be subjected to discrimination on arbitrary grounds. Article 14 provides for reasonable classification so that there is no injustice on the part of government in dealing with individuals.

In Indira Nehru Gandhi v Raj Narain, the Supreme Court invalidated Article 329 A (4), that sought to immunize the election to the post of Prime Minister from judicial review as being against the tenets of Rule of Law.

In the case of Som Raj v State of Haryana, it was declared that the absence of arbitrary power is the first postulate of Rule of Law. Absence of arbitrariness means that the principles of equality, justice and fairness are followed.

In Sheela Barse v State of Maharashtra, fairness was declared to be the essence of Rule of Law.

The Rule of Law, thus, stands for the principles of equality, freedom and accountability of administrative action. It stands for individual’s freedom and seeks to protect the individual from any arbitrary administrative action. The principle of Rule of Law implies that the functions of the government in a free society should be exercised in a manner to create conditions in which the dignity of an individual is upheld.