Rule of Law

Rule of Law

·       The guarantee of equality before the law is an aspect of what ‘A.V.Dicey’ calls the Rule of Law.

·       It means that no man is above the law and that every person, whatever be his rank or condition is subject to the jurisdiction of the ordinary courts.

·       Rule of Law requires that no person shall be subject to harsh, uncivilised or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order.

·       Prof. Dicey gave three meanings of Rule of Law:
1) Absence of Arbitrary Power or Supremacy of the Law
 à It means that supremacy of the law over rules the Arbitrary Power of the Government.
à “A man may be punished for a breach of law, but he can be punished for nothing else”.
2) Equality before Law
à Everybody is same in the eyes of law.
à It means subjection of all classes to the ordinary law of land administered by ordinary law courts.
à This means that no one is above the law.
à Everyone in England, whether he is an official of the state or a private individual, is bound to obey the same lane.
à Thus, public officials do not hold a privileged position in Britain.
3) The Constitution is the result of the ordinary law of land
à It means that the source of right of individuals is not the written constitution.
à Rules are defined and enforced by the courts.

·       What happens in India?
à The first & the second aspects apply to the Indian System.
à The third aspect of Dicey’s rule of law does not apply to Indian System.
à As the source of rights of Individual is the Constitution of India.
à The Constitution is the Supreme Law of land.

·       Equal Protection of Law
à It means that like should be treated alike and not unlike to be treated alike.
à The Rule of Law embodied in Article 14 is the Basic Feature of the Indian Constitution & hence it cannot be destroyed even by an amendment of the Constitution under Article 368 of the Constitution of India.
à The word ‘any person’ in Article 14 of the Constitution of India denotes that the guarantee of equal protection of laws is available to any person.
à The equality before law if guaranteed to all without regard to Race, Colour or Nationality.

·       Exceptions to the Rule of Law
à Equality before law does not mean the powers of private citizens are the same as the powers of the public officials.
à The Rule of Law does not prevent certain classes if person being subject to special rule. Thus, member of armed forces are controlled by Military Laws. Thirdly, medical practitioners are controlled by the Medical Council of India.
à Today ministers and other executives are given wide discutionary powers by Statue.
à Certain members of society are governed by special rule is their profession, i.e., Lawyer, Doctor, Police.