Topic: DISCUSS IN DETAIL EVOLUTION OF RULE OF LAW THROUGH VARIOUS

JUDICIAL PRONOUNCEMENTS AND ITS SIGNIFICANCE UNDER THE

CONSTITUTION AND ROLE OF THE JUDICIARY IN THE CONTEMPRARY ERA.

Course : Administrative law

Course code: 21LCLC302

Program: B.COM LL.B

Prepared by

1. Vikithashree-03FL21BCL019
2. Kushal Nag-03FL21BCL011
3. Shruthi.S-03FL21BCL009
4. Niranjan.N-03FL21BCL039
5. Ashoka.M.P-03FL21BCL028
6. Varun-03FL2BCL013

SYNOPSIS

1. Introduction
2. What is rule of law and how is was devised into article 14
3. The Rule of Law and Article 14
4. How has the concept of rule of law protected democracy in India
5. Importance of rule of law in India
6. Rule of Law as per Dicey
7. Role of judiciary in contemporary era
8. Conclusion
9. Bibliography
Introduction

The evolution of the rule of law through various judicial pronouncements is a fascinating
journey that has shaped the legal landscape in numerous countries, with its significance
enshrined under their respective constitutions. The rule of law is a fundamental principle that
ensures a just and orderly society where no one, including the government, is above the law.
This principle has been continually refined and reinforced by landmark judicial decisions over
the years. In the contemporary era, the role of the judiciary in upholding the rule of law is more
crucial than ever, as it serves as the guardian of individual rights and the arbiter of disputes
between citizens and the state. This assignment will delve into the historical evolution of the
rule of law through key judicial pronouncements, its constitutional significance, and the pivotal
role of the judiciary in the modern context.

What is rule of law and how it was devised into article 14

A pillar of India's legal system is Article 14 of the Constitution. It creates the idea of equality
before the law, guaranteeing that everyone living in the nation has access to the same legal
safeguards and is governed by the same laws, regardless of their background. This
constitutional clause ensures that public servants are subject to the same legal obligations as
any other citizen, thereby promoting fairness, justice, and accountability. Article 14 essentially
summarizes the core principles of the Rule of Law in the Indian legal system, with a focus on
fairness and universal access to justice.
A basic idea in political and legal theory, the "Rule of Law" governs how just and democratic
societies are set up and run. It provides the framework for the legal system's tenets of
accountability, justice, and fairness. Fundamentally, the Rule of Law states that everyone is
subject to the law, including public servants. People are the same in front of the law.
The idea behind the Rule of Law is that the law, not the monarch or the elected officials, is in
charge of running the state. A nation that upholds the rule of law would be one in which the
state's supreme authority is derived from the Grundnorm, or fundamental and fundamental
legislation. Either the king or the delegates of the republic are regulated by laws derived from
the Grundnorm, and the law sets limits on their authority. The law is king, but the king is not
the law.1

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The idea of the Rule of Law has its roots in the first republic established by the Ancient
Romans, and it was later popularized by European medieval philosophers like Hobbs, Locke,
and Rousseau through the social contract theory. In their own unique ways, Indian philosophers
like Chanakya have promoted the idea of the rule of law, arguing that the King ought to be
subject to the law.

Introductory explanation of the Rule of Law:

1. Equality Before the Law: Article 14 declares that "No person within the territory of India
shall be denied equality before the law or the equal protection of the laws."This implies
that everyone living in India is subject to the law, and that no one may be subjected to
discrimination on the basis of their place of birth, race, religion, caste, or sex.
2. Rule of Law: Article 14 guarantees that the state, along with its representatives and
administration, is bound by the same laws as everyone else. This emphasizes how the
law is supreme and that everyone is subject to the law, even those in positions of power.
3. Legal Certainty: For people to comprehend and abide by the law, it must be easily
available and unambiguous. No one should be treated arbitrarily by the legal system, and
everyone should be aware of their responsibilities.
4. Fair and Transparent Legal Processes: According to the Rule of Law, legal proceedings
and rulings must be impartial, clear, and subject to public review. It highlights how
crucial due process and fundamental rights are.
5. Access to Justice: Everybody has the right to fair legal representation by qualified,
impartial attorneys, as well as the chance to argue their case in a court of law. This
guarantees that everyone, regardless of income level, can access justice.
6. Accountability: People in positions of responsibility, such as government employees,
ought to answer for their deeds. They should be held accountable for breaking the law
and abusing their authority since they are subject to it.
7. Independent Judiciary: Maintaining the Rule of Law requires an unbiased and
independent judiciary. To guarantee that the law is administered consistently and
 equitably, the judiciary should be immune to political or outside pressure.2

Democratic societies are based on the Rule of Law, which guarantees that the authority of
the government is limited, personal freedoms are safeguarded, and disagreements are settled
fairly. It promotes the idea that justice is not dependent on the law and offers a framework
for a stable and equitable legal system. whims of the powerful but on a set of guidelines and
standards that are universally applicable. Since all people are created equal, those who
drafted the Indian Constitution had additionally included provisions for societal equality.
One of the most significant articles is Article 14. of the Indian Constitution, and it is also
considered to be a component of the Constitution's golden triangle. in addition to Articles
19 and 21.
This right holds great significance in India due to the long-standing and pervasive
socioeconomic disparity in the country. People have faced discrimination because of their
gender or the religion they practice, which is why Article 14 of the Constitution was added
to end these injustices and give everyone equal protection under the law.

The equality mentioned in the Preamble is embodied in Article 14. This article is significant
because it not only requires the State to refrain from discriminating against individuals, but
it also requires it to take proactive measures to close gaps in opportunity between groups.A
modern democratic state must have an impartial and just judicial system. In a state like this,
everyone must be treated equally when it comes to the application of the law. The law is
unfair and fails to uphold justice if it favors any citizen on the basis of any arbitrary factor,
such as class, status, gender, etc. Every citizen of a state shall be treated equally under the
law, and no citizen shall be given preferential treatment based on any irrational basis,
including gender, race, class, religion, etc. That The terms "equality before the law" and
"equal protection of the law" encapsulate the idea.

This notion is central to A.V. Dicey's definition of the rule of law. Article 14 of the Indian
Constitution contains the phrases "equality before law" and "equal protection of law,"
guaranteeing that no citizen will face discrimination in the application or enforcement of the
law on the basis of any irrational reason. Additionally, the Universal Declaration of Human
Rights' Article 7 mentions it.

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The Rule of Law and Article 14

The Rule of Law and Article 14 of the Indian Constitution are fundamental ideas that influence
India's legal system. Maintaining the nation's values of justice, equality, and individual rights
depends on these two ideas .One of the fundamental rights guaranteed by Article 14 of the
Indian Constitution states that "no person shall be denied equality before the law or equal
protection of the laws within the territory of India by the State." It essentially ensures that
everyone is treated equally before the law, regardless of caste, creed, gender, or social or
economic standing. This article highlights the Indian Constitution's commitment to
guaranteeing fairness in the administration of justice, non-discrimination, and equal protection
for all citizens. The cornerstone of the Indian legal system is the Rule of Law, a basic legal
theory. It represents the notion that everyone and everything, including the government, is
governed by and answerable to the law. It maintains the values of responsibility, justice,
openness, and due process. In India, the Rule of Law guarantees that all people, including
government officials, are subject to the law and that decisions are rendered impartially and
consistently. In India, upholding the Rule of Law and Article 14 are essential to preserving a
fair and just society. They safeguard individual rights, stop the government from acting
arbitrarily, and advance justice and fairness. In particular, the Rule of Law offers a foundation
for an accountable and structured judicial system that enables people to seek justice without
hindrance or bias.3

1. SUPREMACY OF LAW
It is necessary for government officials to not have excessive discretionary power because the
law will always be paramount. Dicey is implying that justice must be administered in
accordance with accepted norms. Since discretion implies the absence of norms, discretion can
be used arbitrarily in any situation. Dicey expounded on the first principle by defining it as the
total domination or supremacy of regular law over the impact of arbitrary authority or broad
discretionary power. It rules out the possibility of government arbitrary action, prerogative, or
even broad discretion. He asserted that the law and the law alone governed the English people.
If a guy breaks the law, he can be punished, but not for anything else. According to Wade, in
order for there to be a rule of law, the government must be subordinate to the law rather than
the other way around. This idea states that no one can be detained, penalized, or legally made

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to suffer harm to one's body or property other than through the proper legal channels and for a
violation of the law as defined by custom and heard by regular courts nationwide. This idea is
"the central and most characteristic feature" of common law, according to Dicey.

The first is the understanding of the Cardinal Principle of Democratic governments, which
distinguishes them from arbitrary and authoritarian regimes and stipulates that no official of
the The government ought to possess extensive powers that are arbitrary or discretionary in
order to impede people's independence and liberty. However, Dicey was not speaking here
about sweeping measures or discretion that are unfeasible in any contemporary administration.
He was undoubtedly referring to the situation in some nations where law enforcement officials
had broad, discretionary, arbitrary authority to detain and punish people outside of the regular
legal system.4

2. EQUALITY BEFORE LAW

Dicey explained that equality before the law, or the equal submission of all classes to the usual
law of the land administered by the ordinary courts of law, is the second fundamental of the
rule of law. He said that there were no special courts or tribunals in England for government
officials or other authorities, and that everyone was subject to the same laws.5

Nobody should be forced to endure physical pain or be stripped of their position or property
unless there has been a legal violation that has been proven in a regular court setting.
Accordingly, the rule of law requires that:

a. there be no special rights granted to government officials or anybody else.

b. all individuals, regardless of status, must submit to the regular courts of the land.

c. The laws enacted by the state's regular legislative bodies should apply to everyone.

The habits and traditions of the people that the courts have recognized in the administration of
justice must be the source of the people's rights.

This idea articulates the democratic ideal that all people should be equally subject to the
ordinary law of the land as it is applied by ordinary courts. This does not imply that all people

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india published on February 5 ,2022
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C.K TAKWANI, Lectures On Administrative Law, (Lalbagh, Lucknow, 2017)
must be treated equally under the law, regardless of their roles or services. Dicey was adamant
that a public servant should bear the same consequences for actions taken without cause as an
individual. Does he make a comparison between the French legal system, which provided
government officials with additional protections under special administrative courts, and the
English legal system?6

1. Predominance of the legal spirit

The predominance of the legal spirit is the third pillar in Dicey's idea of the Rule of Law. Dicey
argues that in order for the rule of law to be prevalent, there needs to be an enforcing power,
and the courts provide that authority. Since the courts uphold the rule of law, in his opinion,
they ought to be neutral and immune to outside pressure. For the rule of law to exist, the
judiciary's independence is consequently crucial. He maintained that the best defense for a
person's fundamental rights is provided by the legal system, not by a written constitution.

Although Dicey's theory has been criticized from a variety of perspectives, its fundamental
premise is that power comes from and should be used in accordance with the law. Overall,
Dicey emphasizes the lack of arbitrary and discretionary power, equality before the law, and
legal protection for fundamental human rights in his enunciation of the rule of law. These ideas
are still important and relevant in every democratic nation today.7

Case laws

Maneka Gandhi v. Union of India

In unambiguous terms, the Supreme Court noted that Article 14 guarantees justice and equality
of treatment and challenges state arbitrariness. Arbitrariness is prohibited under the rule of law,
which is the fundamental component of the Indian Constitution. The Rule of Law is denied
whenever there is arbitrariness. Protective discrimination as a means of guaranteeing equality

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By the Indian law https://theindianlaw.in/the-rule-of-law-foundation-of-indian-democracy the rule of law
published on June 26,2023
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By legal service https://www.legalserviceindia.com/legal/article-719-rule-of-law.html rule of law
among equals was incorporated into Art. 15, 16, and 23, thus strengthening the concept of
equality.

A.K. Gopalan v. State of madars

This case, also referred to as the Habeas Corpus case, involved a challenge to an emergency
detention order. The challenger argued that the order violated the fundamental values of the
Indian Constitution, which uphold the rule of law. The question that the Supreme Court had to
decide was whether Article 21 of the Constitution or any other law applied in India. He went
on to say that the only way to preserve the harmony between personal freedom and public order
is through the Rule of Law. According to Article 21 of the Indian Constitution, a person cannot
be deprived of their life or liberty by the state without a court order.8

Indra Nehru Gandhi V Raj Narayan

The 39th amendment to the Constitution was contested in this case, rendering the elections of
the Speaker of the Lok Sabha, the President, the Prime Minister, and the Vice-President invalid
in legal proceedings. Chief Justice Ray declared the amendment to be illegal, citing violations
of the Rule of Law, the foundational tenet of the Constitution. The parliament lacks the
authority to enact a statute that retroactively validates an illegitimate election, despite the rule
of law being the antithesis of arbitrariness. The fundamental tenets of the rule of law are in
opposition to this kind of power abuse.

Bachan Singh v. state of Punjab Singh

This death penalty ruling is historic. In this case, the issue of whether the death penalty is
permissible under section 302 of the IPC was raised. Justice Bhagwati disagreed with the
majority ruling, arguing that the death penalty under Section 302 of the IPC is unconstitutional
because it violates Articles 14 and 21 of the Constitution. The majority of judges held that the
death penalty can be imposed in extremely rare circumstances. Judge Bhagwati has underlined
that the rule of law forbids any allowance for irrationality or arbitrariness. In order to guarantee
this, he has proposed that the parliament's legislative authority be limited and the abuses To

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law the doctrine of rule of law published on 02 may 2020
safeguard citizen rights, the independent judiciary should restrain the abuse of authority by the
executive and legislative branches.

How has the concept of rule of law protected democracy in India

1) Protection of Individual Rights :Democracy, in its true essence, is not just about
majority rule; it must safeguard individual rights. The Rule of Law plays a pivotal role
in protecting these rights. In a diverse and pluralistic society like India, the Rule of Law
ensures that every individual's rights are upheld and protected, regardless of their
background or beliefs. This protection is essential for a thriving democracy.

2) Limitation of Executive Power: In a democracy, the executive branch of government

holds significant power. The Rule of Law acts as a check on the exercise of this power,
preventing it from becoming arbitrary or authoritarian. Through judicial review and
other mechanisms, the Rule of Law ensures that the executive adheres to the
Constitution and respects the boundaries of its authority.

3) Accountability and Transparency: Democracy necessitates transparency and

accountability in governance. The Rule of Law enforces these principles by ensuring
that government actions are subject to legal scrutiny. Citizens have the right to question
and challenge government decisions in a court of law, reinforcing the democratic
principle of accountability.9

4) Access to Justice: A fundamental aspect of a democratic society is that all citizens have
equal access to justice. The Rule of Law guarantees this access by providing
mechanisms such as Public Interest Litigation and legal aid to marginalized and
underprivileged sections of society. This ensures that the benefits of democracy are
extended to all citizens, not just a privileged few.

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 5) Fair and Impartial Elections: Elections are a cornerstone of democracy, and the Rule
of Law plays a crucial role in ensuring free and fair elections. It guarantees that the
electoral process is conducted without bias or manipulation, reinforcing the democratic
principle of representation.
6) Protection of Minorities: India is a diverse country with a multitude of languages,
religions, and cultures. The rule of law plays a crucial role in ensuring that minority
rights are protected. It prevents the majority from imposing its will on minority
communities and upholds the principle of equal protection under the law. This is
essential for maintaining social harmony and upholding democratic values.
7) Press Freedom: Press freedom is a crucial element of the rule of law because it ensures
that the media, which serves as an important watchdog in society, can operate without
censorship, harassment, or undue interference. A free press is essential for the
dissemination of information, the exposure of corruption or abuse of power, and the
protection of citizens' right to know.
8) Protection of Human Rights: The protection of human rights is another critical aspect
of the rule of law. Human rights encompass fundamental freedoms and liberties, such
as the right to life, liberty, security, and freedom of expression. The rule of law ensures
that these rights are respected, protected, and upheld by the legal system. It means that
individuals have legal recourse if their rights are violated.10
9) Emergency provision: Emergency provisions related to the rule of law involve legal
mechanisms that can be invoked in times of crisis. For example, "state of emergency"
is a concept that grants temporary powers to authorities to address urgent situations,
such as natural disasters or public security threats. These provisions must adhere to the
rule of law principles by being necessary, proportionate, and subject to oversight to
prevent potential abuses of power. Balancing the need for emergency measures with
the rule of law ensures that fundamental rights and freedoms are protected, even during
exceptional circumstances.

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 10) Cyber Law: The Information Technology Act and related laws ensure that the rule of
law extends to the digital realm, protecting citizens from cybercrimes and online
harassment.11

Importance of rule of law in India

With the impact of the global origination of what public laws ought to resemble, in current
times the rule of .law is what sovereign powers and state direct can't do. There are certain
acknowledged rules that are the standard. For instance, states can not carry out massacre or
practice ethnic cleansing. However, law and order puts no commitment on states to follow these
standards. This is particularly valid for emerging nations that are expected to pass regulations
to help unfamiliar financial backers and players in a difficult spot of their residents. While
legislatures have a commitment to their residents, these foreign entitled have no equitable
responsibility to their nation, subsequently bringing about an unreasonable law and order. Yet,
in spite of these tensions, law and order figures out how to maintain responsibility.
Remembering this we push ahead to examine law and order in the Indian situation.

While our rules, government machinery, and foundations might have a colonial past.
Notwithstanding, originations of equity, freedoms, and improvement have to a lesser degree a
frontier legacy when contrasted with government hardware and establishments. As per Upendra
Baxi, law and order in India can be characterized through four viewpoints, i.e., governance,
rights, justice and development12

Governance

The Constitution of India is a significant source of law in India. In theory, the rule of law is in
the possession of the parliament. For instance, concerning states, they have the abilities to make

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new states, redraw the federal map, abbreviate or expand boundaries or even change the name
of states. The law sets down strategies and gives them admittance to extraordinary measures of
force. Yet, in actuality, regardless of the law giving the parliament such a lot of adaptability,
they can't practice it without repercussions. In the event that they wish to make another state,
they should think about many factors like language and social personalities, and they might
confront reaction as state brutality. Nonetheless, one should not sabotage the force of the
parliament as they actually hold a heavy amount of influence. Take the distribution of powers
for instance. Upendra Baxi states "the Indian Parliament has liberal remaining power that
engages it to administer on issues not determined in the state and contender records; moreover,
the laws that it can make frequently have a dominant public power."

Taking advantage of rule law, particularly through regulatory regulations that set down such
countless balanced governance is troublesome. There are numerous autonomous organizations,
for example, NGOs that try to safeguard the freedoms of minorities. India's financier and
auditor general, helped by the central surveillance Commission to help combat corruption , and
the Indian electoral Commission assists with safeguarding discretionary cycles. While
dictatorial rule may be a troublesome monster to tame, with the ascent of online entertainment,
insightful reporting, and legal activism, it is turning out to be more challenging for states to do
anything they desire without noting somebody.13

Rights

Rule of Law is typically viewed as something contracted by freedoms. However, as opposed

to mainstream thinking it can likewise be utilized as an instrument to set down systems for state
moderate activity. Models are Article 17 which denies distance and Articles 14-15 which
empower the state to battle against awful types of misuse. In this manner, these freedoms which
comprise a piece of Indian law and order are not just seen as a check and equilibrium against
harsh government activities but on the other hand are viewed as a method through which the
state can safeguard. Legal Activism likewise supports holding law and order within proper
limits where standards of the constitution are utilized to hold different laws under tight
restraints (Article 13). Hence, we have an oddity where freedoms cherished under the
construction of rule of law extends it along with restrict it

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Justice/development

How has rule of law aided equity or advancement? Standards of equity and advancement are
written in the Constitution. Be that as it may, have laws sanctioned by the organization assisted
with this turn of events? Rule of Law calls for administration through standards and standards
laid out through fair treatment and requires no impedance from the courts. Assuming we take
a gander at the Indian situation, we can see that while the public authority had attempted to lay
out authority through the execution of different managerial regulations, they were crushed
notwithstanding the force of the courts and legal survey. The Supreme Court has unparallel
jurisdiction. Laws laid out by courts (through choices) are restricting on all lower courts and
by suggestions, on all residents and state entertainers. State specialists should likewise help the
High Court in authorizing the regulations set by them. With the guide of core values, for
example, security of privileges, the courts have held the leader under tight restraints. They have
raised walls about appointment of force. They expressed that the public authority's ability to
make laws shouldn't usurp the administrative capability of public strategy.

Indeed, even the authoritative laws that are permitted to pass were thoroughly policed. Judges
likewise have a steel grasp over regulations passed by the governing body. Laws that disregard
standards, for example, central freedoms and federative standards are viewed as invalid and
void. They likewise have the noteworthy ability to expose established revisions to legal
examination. In any case, a primary analysis of the legal executive is that in spite of their power,
they neglect to drive specialists to act as per the choices. While this analysis is predominantly
legitimate, one ought to likewise remember the impediment of limit and opportunity while
shaping assumptions.14

Case laws

There are various case regulations set out by the legal executive which have molded how law
and order works in India. On account of Kesavananda Bharati v. Territory of Kerala (1973),
the court held that law and order is the fundamental construction of the constitution. The seat

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M.P. Jain and S.N. Jain, Principles of Administrative Law , 38 (Wadhawa, Nagpur, 2017).
overruled the choice given in Golak Nath (1967), and expressed that while the parliament has
wide changing abilities, these abilities don't reach out to the fundamental elements of the
constitution, remembering the limits for correction cherished under Article 368 which are
forced by law and order.

In the case of Indira Nehru Gandhi v. Raj Narayan (1975), the court held that rule of law and
epitomized under Article 14 is a fundamental element of the constitution and can not be revised.
The case gives effect on the way of thinking of rule of law and expresses that the rule that
everyone must follow is incomparable and can not be changed because of the desire of one
individual.

In the case of Maneka Gandhi v. Association of India (1978), the Hon'ble High court laid out
law and order, expressing that no individual can be denied of his life and individual freedom
aside from strategy laid out by regulation under Article 21 of the Constitution.

In the case of Association of India v. Raghubir Singh (1989), the Hon'ble High Court with
respect to the freedom of the legal executive expressed that any arrangement that removes the
right to legal audit supposedly goes against the rule of law.15

Rule of Law as per Dicey

One of the most well-known jurists in England is Dicey, who is best known for his book "Law
of the Constitution." It is important to understand the distinction between the rule of law and
administrative law. Those employed by the government are subject to different laws than
regular citizens, but everyone is subject to the same set of laws, regardless of their status as
an Indian prime minister or a regular clerk. in a workplace. Both of them will be subject to
the same laws; discrimination will not be permitted under the rule of law, which is inherently
superior.

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Dicey supported the idea of the rule of law and opposed the idea of creating different rules
for different classes of people. Napoleon coined the phrase "Droit administrative," which was
referred to as Droit Administratif in France. France had an independent administrative court
to handle the case. As per this, a citizen's action against an official for an official misconduct
will be handled by a special court rather than by regular courts of law. Administrative law
does not be composed of laws and regulations passed by the French parliament, but rather a
rule created by the administrative court's judges.

Origin of Rule of Law

The idea of the Rule of Law has its roots in the first republic established by the Ancient
Romans, and it was later popularised by European mediaeval philosophers like Hobbs, Locke,
and Rousseau through the social contract theory.
In their own unique ways, Indian philosophers like Chanakya have promoted the idea of the
rule of law, arguing that the King ought to be subject to the law. The idea behind the Rule of
Law is that the law, not the monarch or the chosen representatives of the people, is what
governs the state.
The term 'Rule of Law' originates from the French expression 'laprinciple de legalite'.i.e., a
government that adheres to the principle of law.16

The basic features of Rule of Law as per Dicey:

a) Law does not recognise any special rights for any individual or group of individuals.

b) Law does not recognise any distinction between one individual and the other on the
basis of religion, race, sex, etc.
c) None is punished without proper trial.

d) All will be tried by the same court under the same law.

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Dicey’s Rule of Law

• According to Prof. Dicey, rules of law contains three principles or it has three meanings
as stated below:
• Supreme Law: According to the original interpretation of the Rule of Law, "no man is
punishable or can lawfully be 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."
• Equality before the law: No one is above the law, according to this interpretation of the
Rule of Law. In its most basic form, the Rule of Law is the idea that no one is above the
law.
• Predominance of Legal Spirit, also known as the Third Meaning of the Rule of Law, is
the idea that the general principles of the constitution are the result of court decisions
determining the file rights of private persons in specific cases brought before the Court.
• The rule makes sense when one considers that truth and law are grounded in fundamental
principles that are discoverable rather than created by volition.17

Critical Analysis of Dicey’s Rule of Law

The following are some benefits and drawbacks of Dicey's conception of the rule of law:

• The rule of law imposed and assisted in instilling in administration a sense of restraint. The
government had to operate within the bounds of the law. Furthermore, he promoted
parliamentary supremacy by making all laws passed by the legislature supreme by declaring
that the law is supreme. Self-conferment of power is impossible because even common law
has supreme authority. The same group of impartial and independent judges oversees the
administration of all laws, whether they are public or private. This guarantees sufficient
monitoring of the other two organs.21On the other hand, Dicey was utterly ignorant of the true
essence of the French droit administratif. Although he believed that the system was created to
safeguard officials, subsequent research showed that it was actually more successful than the

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I.P. Massey, Administrative Law, Lucknow : (Eastern Book Company, 2005
common law system in some areas of administrative control. In actuality, the French Conseil
d'Etatis highly regarded and has acted as a model for courts of justice for European
communities as well as other nations. Additionally, he was unaware of the necessity of
codifying laws, which could increase discretion and undermine the rule of law.

Rule of Law and Indian Constitution:

The Indian Constitution stipulates that the constitution is the ultimate authority in the nation
and that the legislative and executive branches derive their power from it. Article 13 (1)
stipulates that any law passed by the legislature must be in accordance with the Constitution;
if it is not, it will be deemed invalid.

• Article 21, which states that no one may be deprived of their life or liberty other than
in compliance with the legal process, offers an additional safeguard against capricious
executive action.

• Article 14 guarantees equality for all citizens and prohibits discrimination based on
gender, religion, race, or place of birth. Lastly, it guarantees the separation of powers
between the three branches of government, with the legislature and executive not
having any say over the judiciary. By employing these techniques, the constitution
satisfies every prerequisite outlined by Dicey's theory for recognition as a nation
upholding the Rule of Law.2218

Rule of Law and Indian Judiciary:

The Indian judiciary has made a significant contribution to the development of the country's
legal system. The courts have made sure that the Rule of Law and respect for citizens' rights
are available in society by taking a positive stance and interpreting the constitution's provisions
in a dynamic way.
The case of Bachan Singh v. State of Punjab established three fundamental presumptions of
the Rule of Law. These are;
1) To safeguard the public from abuses of the power of the executive and legislative
branches, an independent judiciary is essential.

18
I.P. Massey, Administrative Law, Lucknow : (Eastern Book Company, 2005
 2) Legislative authority should not be unchecked, even in the hands of a democratically
elected legislature; rather, the legislature should be the primary body responsible for
enacting laws.

Role of judiciary in contemporary era

In the contemporary era, the judiciary's role is pivotal in shaping administrative law, ensuring
that government actions are conducted in a manner that is just, transparent, and in adherence
to the law. Administrative law governs the activities of government agencies and ensures their
decisions and actions are made within the confines of legal parameters. Here's a more detailed
exploration of the role of the judiciary in contemporary administrative law, along with three
important case laws:19

Role of the Judiciary in Administrative Law:

Judicial Review: One of the primary roles of the judiciary is to engage in judicial review. This
process involves assessing the legality and constitutionality of administrative decisions, rules,
and regulations. When individuals or organizations believe that an administrative action is in
violation of their rights or the law, they can seek redress through the courts. This mechanism
ensures that government agencies act within their legal authority and do not overstep their
boundaries. One of the primary roles of the judiciary is to exercise judicial review. This process
allows the courts to scrutinize administrative actions and decisions to ensure they are legal,
constitutional, and within the bounds of administrative discretion.20

Interpretation and Clarification: The judiciary often interprets and clarifies administrative
regulations and statutes. Ambiguities in laws or regulations can create confusion and disputes.
Courts provide guidance on how these should be interpreted and applied, which is essential for
consistency and predictability in administrative actions. Courts interpret statutes and

19
By legal service https://www.legalserviceindia.com/legal/article-719-rule-of-law.html rule of law
20
I.P. Massey, Administrative Law, Lucknow : (Eastern Book Company, 2005
regulations, resolving disputes and ambiguities in administrative laws. This ensures uniformity
in the application of administrative rules.

Checks and Balances: The judiciary acts as a crucial check and balance on the executive branch.
It reviews and, if necessary, overturns administrative decisions that go beyond the scope of
legal authority, violate constitutional principles, or infringe upon individual rights. This
mechanism is vital for protecting the separation of powers and preventing government
overreach.

Access to Justice: The judiciary serves as a gateway to justice for citizens and organizations.
Administrative agencies may make errors or unfair decisions, and the judiciary provides a
forum for individuals to challenge these decisions and seek redress. This ensures that
government actions are subject to scrutiny and accountability, promoting fairness and justice.

Enforcement of Individual Rights: The judiciary safeguards individual rights by holding

administrative agencies accountable for their actions. This includes protecting citizens from
arbitrary decisions and violations of due process.

Preventing Abuse of Power: Courts act as a check on the potential abuse of administrative
power. They can declare administrative actions void if they exceed the authority granted by the
legislature.

Setting Legal Precedents: Judicial decisions in administrative cases set legal precedents that
guide future administrative actions, providing clarity and consistency in the application of
administrative law.21

Important Case Laws in Administrative Law:

Marbury v. Madison (1803): This landmark case set the foundation for judicial review in the
United States. The Supreme Court, in this case, established its authority to determine the
constitutionality of governmental actions. Chief Justice John Marshall's opinion affirmed the

21
By legal service https://www.legalserviceindia.com/legal/article-719-rule-of-law.html rule of law
judiciary's role in interpreting the Constitution and checking the actions of the other branches
of government.

Cheney v. U.S. District Court (2004): This case highlights the judiciary's role in reviewing
executive actions, especially those related to national security and executive privilege. The
Supreme Court held that the executive branch must disclose information regarding the
activities of the Vice President, reaffirming the principle that no branch of government is above
the law.

Citizens United v. Federal Election Commission (2010): This case demonstrates the judiciary's
impact on administrative law in the context of campaign finance regulations. The Supreme
Court's decision allowed corporations and unions to make independent political expenditures,
invoking First Amendment protections. This case exemplifies the judiciary's role in shaping
policies and regulations that govern administrative actions.22

In the contemporary era, the judiciary plays a critical role in upholding the principles of
administrative law. It acts as a safeguard against government overreach, ensures the fairness
and legality of administrative decisions, and provides citizens with a means to challenge actions
they perceive as unlawful or unjust. Through judicial review, interpretation of regulations, and
checks and balances, the judiciary fosters a system of governance that respects the rule of law
and individual rights. While there are occasional debates and criticisms about the role of the
judiciary in administrative law, its importance in maintaining transparent, accountable
governance cannot be overstated. It ensures that government agencies operate within legal
boundaries, preserving the principles of democracy and the rule of law in the contemporary era.

Conclusion

In conclusion, the evolution of the rule of law represents a rich tapestry of legal and historical
developments. It has grown from humble beginnings, such as the Magna Carta, into a
foundational principle underpinning modern democracies. Its significance within the
framework of the constitution cannot be overstated, as it serves as the bedrock upon which civil
societies are built. The rule of law ensures that no one, regardless of their position, is exempt

22
By lawbhoomihttps://lawbhoomi.com/rule-of-law-and-its-applicability-in-india/ rule of law applicability in
india published on February 5 ,2022
from legal scrutiny, and it provides a shield against government overreach, upholding
individual freedoms and rights. In the contemporary era, the judiciary's role in safeguarding
the rule of law is indispensable. Through judicial review, the protection of fundamental rights,
and the interpretation of the law, the judiciary remains the guardian of justice, ensuring that the
constitution remains the supreme law of the land. The rule of law, as defended by the judiciary,
is the cornerstone of democratic governance and a testament to the enduring importance of a
just and accountable legal system.
Bibliography

Online sources

1. By the Indian law https://theindianlaw.in/the-rule-of-law-foundation-of-indian-

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2. By legal service https://www.legalserviceindia.com/legal/article-719-rule-of-law.html
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law applicability in India published on February 5 ,2022
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