What is Dicey’s Rule of Law? Discuss its development in Indian perspective through Apex Court of India.

Question: What is Dicey’s Rule of Law? Discuss its development from an Indian perspective through the Apex Court of India. [BJS 2018]

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Answer

The phrase ‘Rule of Law’ literally means that the law should rule, which means the law is superior to any other rule or ruler. The framework under which the state functions are provided by this rule of law and its ultimate goal is to secure an individual’s life, liberties, and property.

AV Dicey, a British jurist, who is the main promoter of the “rule of law” in explanation of the rule of law in his book “Law of Constitution”, has provided its three facets.

Supremacy of law: the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative or even of wide discretionary authority on the part of the government. The absence of arbitrary power is the absolute motive of the principle of rule of law upon which direction the whole Constitution is dependent.

Equality before the law: This essentially talks about equality before law through the unjust, equal application of the law to all. According to Dicey in his words, every person, from the prime minister to a constable or a tax collector has the same duty and responsibility as any other citizen.

The predominance of a legal spirit: This meant that ensuring and protecting the citizen’s civil liberties and human rights is done best by this ordinary law that must be adhered to. When individual rights are violated, they make seek redressal through this law that is mechanized for them. The constitution of India is pervaded by the rule of law on the ground that the general principles of the constitution including the right to life and personal liberty supervene in determining the rights of private persons before the Courts.

Some of the basic principles of Rule of Law

• Law is supreme and nobody is above the law.
• All the things should be done according to a law not as per whim.
• No person should be suffered except for the breach of law.
• The absence of arbitrary is the soul of the rule of law.
• Equality before the law and equal protection of the law.
• Speedy trial.
• A fair and just procedure should be conducted.
• Independent and impartial judiciary.

In Kesavananda Bharati v. State of Kerala [AIR 1973 SC 1461], the Hon’ble Supreme Court held that the Rule of Law is the “fundamental structure” of the Constitution.

In Indira Nehru Gandhi v. Raj Narain [1975 AIR 865], the court held that rule of law is also part of the basic structure and in the list rule of law was also added and it means that no amendment can be done in rule of law.

In the case of Bachan Singh v. State of Punjab [[1951] SCR 451], popularly known as the “Death Penalty Case” the rule of law is free from arbitrary action if anywhere any action is done with arbitrary power then it will be considered as the denial of the concept of Rule of Law.

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