Lecture Notes: Rule of Law

Introduction

• Topic: Rule of Law, also known as the Doctrine of Rule of Law.
• Objectives:
  1. Understand the concept of Rule of Law.
  2. Explore Dicey's perception of Rule of Law.
  3. Discuss merits and demerits of Dicey's perception.
  4. Examine Rule of Law within the Indian Constitution.
  5. Analyze the role of the judiciary in maintaining the Rule of Law.

Concept of Rule of Law

• Definition: Embodies the doctrine of supremacy of law; essential for a disciplined and organized community.
• Origin: Derived from the French phrase "la principal delegati" (principle of legality).
• Significance: Indispensable for democratic governance and societal order.

Historical Context

• Ancient Roots: Existed since times immemorial; Greeks to Hobbes and Locke viewed it as fundamental.
• Edward Coke: Originator in asserting the supremacy of law over the monarchy.
• Indian Context: Traced to Kautilya; law as an ultimate power above even the kings.

Dicey's Perception

• Three Facets:
  1. Supremacy of Law: No arbitrary power; law alone governs.
  2. Equality Before Law: Equal subjection of all classes under law.
  3. Judgment by Constitution: Rights guaranteed without written constitution in England.

Rule of Law in Indian Constitution

• Adoption: Incorporated within the Indian Constitution; promotes people's needs without infringing rights.
• Provisions: Preamble, fundamental rights (Part III), absence of arbitrary power.
• Judicial Review: High Courts and Supreme Court ensure enforcement of rights.
• Equality: Government and public officials are subject to ordinary law and courts.

Role of Judiciary

• Duty: Uphold constitutional values and enforce limitations.
• Independence: Critical for democratic governance.
• Cases Highlighting Judiciary's Role:
  • Minerva Mills vs Union of India: Judiciary as interpreter of the Constitution.
  • Other Cases: Emphasizing rule of law against arbitrariness.

Advantages of Dicey's Rule of Law

• Philosophy: Restrains undue administrative power.
• Judicial Control: Courts as a check on administrative actions.

Disadvantages of Dicey's Rule of Law

• Criticism:
  • Ignored need for discretionary powers.
  • Misunderstood administrative systems like French "droit administratif."
  • Over-reliance on judicial control.

Conclusion

• Higher Law: Rule of Law as a guiding principle for societies.
• Attributes: Based on freedom, equality, non-arbitrariness.
• Significance: Foundation of our legal system and governance, ensuring accountability.