Understanding the rule of law – Origin, meaning and the Indian Context
The Rule of Law is in essence a fundamental principle of any constitution arrangement; it checks power by ensuring that decisions made are made in accordance with the law and not at the discretion of whoever is in charge. Typical examples of go-to cases include those given by A.V. Dicey–he stuck it on the wall by his 1885 book, Introduction to the Study of the Law of the Constitution. Dicey pointed to three issues to it –
(1) that the law prevails over arbitrary power.
(2) equality before the law.
(3) the spirit of law that makes the expectations that are set by the constitution alive in ordinary courts.
This idea has its roots in the Magna Carta of 1215 which in fact established the precedent that a king cannot flout the law.
In India, although the term Rule of Law is not explicitly spelled out, it is integrated in the constitution. Its spirit is summed up in the Preamble and in Articles 14, 19 and 21. Article 14 deals with equal treatment and protection all together, and it is the key to the entire concept.
The Supreme Court has continued emphasizing the importance of the Rule of Law. In the historic case of 1973 titled Kesavananda Bharati v. State of Kerala, the Court toldthat the Rule of Law was a significant component of the Basic Structure of the Constitution and could not be added or taken away through an amendment. Then, in Indira Nehru Gandhi v.Raj Narain, (1975) The Court overturned any effort to prohibit judicial review according to its constitutional supremacy. In the case of Maneka Gandhi v. Union of India, added to the same by providing that any such procedure provided by law, should be just, fair and reasonable, which reinforced substantive due process.In a more recent case of K.S. Puttaswamy v. Union of India (2017) re-enforced the concept of constitutional morality and restrained the authority of the state.
Therefore, as far as India is concerned, the Rule of Law ensures that we are answerable, that the courts could monitor the government and that to some extent the basic rights are upheld- namely it is the skeleton of democratic rule.
