APPLICATION OF RULE OF LAW IN

INDIA
-VEDANTA KISHANCHANDANI
 DEFINITION: RULE OF LAW

• The authority and influence of law of society, especially when viewed

as a constraint on individual and institutional behavior; (hence) the
principle whereby all members of a society (including those in
government) are considered equally subject to publicly disclosed
legal codes and processes.
• Derived from the French phrase “la principe de legalite”, which refers
to a government based on principles of law and not on men.
• Primarily refers to the influence and authority of law within society,
particularly as a constrain upon behavior, including behavior of
government officials.
 BACKGROUND TO THE RULE OF LAW

• The concept of “Rule of Law” is the building block on which the modern
democratic society is founded. For the successful functioning of the polity it is
imperative that there is enforcement of law and of all contracts based on
law.
• Rule of Law is as old as civilisation. Times and society have changed the
perceptions of various authors resulting in different and varied definitions and
approaches to Rule of Law. Many accounts of the rule of law identify its
origins to classical Greek thought, quoting passages from Plato and Aristotle.
Greek ideas with respect to the rule of law are therefore best understood in
the form of exemplary models, providing inspiration and authority for later
periods. The Roman contribution to the rule of law tradition was negative as
well as positive, with the negative tradition being of much greater
consequence
 A V DICEY’S DOCTRINE OF THE RULE OF LAW

• A V Dicey in his book The Law of the Constitution (1885) has given
three implications of the doctrine of the law:
• Absence of Arbitrary power

• Equality before the law

• The importance of the fundamental rights of an

individual
RULE OF LAW AND THE INDIAN CONSTITUTION

• In India the Constitution is supreme. The preamble of our Constitution

clearly sets out the principle of rule of law.
• It is sometimes said that planning and welfare schemes essentially
strike at rule of law because they affect the individual’s freedom and
liberty in many ways.
• However, rule of law plays an effective role by emphasizing upon fair
play and greater accountability of the administration.
• It lays greater emphasis upon the principles of natural justice and the
rule of speaking order in administrative process in order to eliminate
administrative arbitrariness.
• Drawbacks of the Rule of Law in India
 IMPORTANT COMPONENTS OF RULE OF LAW
REFORMS
• Court Reforms
• Legal Rules
• Institutional encouragement on the global level
 FACTORS OF RULE OF LAW

• Rule of Law is a system where the following principles are upheld:

• Constraints on Government Powers
• Absence of Corruption
• Order and Security
• Fundamental Rights
• Open government
• Regulatory Enforcement
• Civil & Criminal Justice
• Informal Justice
 RULE OF LAW- COMPARISION WITH OTHER
COUNTRIES
• In USA, rights are expressly mentioned and hence “rule of law exists”

• In UK, rule of law has been made by judges and its principles are
recognized by courts.

• In India, rule of law is not used in the Indian Constitution, but the term is
used frequently by Indian courts in their judgements.
 ARTICLE 21 OF THE INDIAN CONSTITUTION

• Article 21 reads as: “No person shall be deprived of his life or personal
liberty except according to a procedure established by law.”
 CASES RELATING TO RULE OF LAW

• Indira Gandhi v Raj Nararh (AIR 1975 SC 2299)

• Bachan Singh v Union of India (AIR 1982 SC 1325)

• Kesavananda Bharati v State of Kerala (AIR 1973 SC 1461)

• ADM Jabalpur v Shivkant Shukla (AIR 1976 SC 1207)

 CONCLUSION

• To sum up:
• In India the parliament must keep in mind that the laws made by it are
not against the rule of law or against the constitution or public moral
and humanity.
• The executive should also refrain from executing laws which are
against natural justice or in violation of the rights, liberties and freedom
of the common man.