Q4. (a) What do you mean by the term 'Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, 'be you ever so high, the law is above you'. Discuss with the help of decided cases.
Verified Answer
-
Core Legal Answer & Context: The 'Rule of Law' is a fundamental principle of governance in any democratic society, signifying that all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles. It implies a government of laws, not of men. A.V. Dicey, a British jurist, popularized the concept, outlining three core postulates:
- Supremacy of Law: No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. This means the absence of arbitrary power.
- Equality before the Law: Every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. This is encapsulated by the phrase 'be you ever so high, the law is above you', meaning no one is above the law, and all are equal in the eyes of the law.
- Predominance of Legal Spirit: The general principles of the constitution (like individual rights) are the result of judicial decisions determining the rights of private persons in particular cases brought before the courts, rather than being derived from abstract declarations. In India, the Rule of Law has evolved beyond Dicey's narrow interpretation to include principles of natural justice, fairness, non-arbitrariness, and judicial review, forming part of the basic structure of the Constitution.
-
Relevant Statutes and Sections:
- Preamble: Enshrines ideals of Justice, Liberty, and Equality, foundational to the Rule of Law.
- Article 14: Guarantees 'equality before law' and 'equal protection of laws', directly embodying Dicey's second postulate.
- Article 21: Protects 'life and personal liberty except according to procedure established by law', ensuring due process and preventing arbitrary state action.
- Articles 32 and 226: Provide constitutional remedies, allowing citizens to approach courts for enforcement of fundamental rights, thereby upholding the supremacy of law.
- Important Landmark Cases:
- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court held that the Rule of Law is a 'basic feature' of the Indian Constitution, meaning it cannot be abrogated or amended by Parliament.
- Indira Nehru Gandhi v. Raj Narain (1975): The Supreme Court reiterated that the Rule of Law is a basic feature of the Constitution. Justice H.R. Khanna famously stated that the Rule of Law postulates the absence of arbitrary power and that no man is above the law.
- A.D.M. Jabalpur v. Shiv Kant Shukla (1976) (Habeas Corpus case): While controversial for its majority decision during the Emergency, Justice H.R. Khanna's dissenting opinion strongly upheld the Rule of Law, asserting that even in the absence of Article 21, the state cannot deprive a person of life or liberty without the authority of law. This case underscored the critical importance of the Rule of Law even in extraordinary circumstances.
- Clear Conclusion: The Rule of Law is the bedrock of Indian democracy, ensuring that governance is conducted according to established legal principles rather than arbitrary discretion. The principle 'be you ever so high, the law is above you' is deeply embedded in the Indian constitutional framework, guaranteeing equality, justice, and protection against arbitrary power, and forming an unalterable part of its basic structure.