Rule of Law

Context:

• Recently, Justice B.V. Nagarathna stated that the rule of law is necessary for the existence and flourishing of personal liberty and other fundamental rights.

What is the Rule of Law?

1. The Rule of Law is a principle that emphasizes that everyone, including individuals and government entities, must follow and be accountable under the rules.
2. In ancient times, Aristotle, a Greek philosopher, argued that law should be based on reason and should aim at promoting the well-being of the citizens. In this case, "reason" means thinking logically and wisely. Aristotle’s ideas laid the groundwork for later discussions on the Rule of Law.
3. In the 19th century, A.V. Dicey, a British legal expert, gave a clear and modern definition of the Rule of Law. He explained 3 main ideas of the Rule of Law:
   1. Supremacy of Law: There should not be any discretionary power given to any individual.  Discretionary power means having the freedom to make decisions based on personal judgment, without strict rules or specific guidelines. It allows flexibility in decision-making and leads to random use of power. Rather, everyone should be governed by clear and predictable laws. Also,  punishment should only be given for the violation of law.
   2. Equality Before the Law: The law should treat everyone the same, no matter their status, ensuring fairness for all. It ensures that no person is above the law and no special treatment is provided.
   3. Predominance of Legal Spirit: It means that there should be a strong focus on following and upholding the principles of the law. For that to happen, we need an independent judiciary that interprets the laws to protect people's rights and rely only on a written constitution.

Does the Rule of Law Apply in the Context of India?

1. Yes, the Rule of Law applies in the context of India.
2. Article 13 of the Constitution defines the term ‘law’ and mentions that any law which violates Fundamental Rights can be struck down by the Judiciary. This power shows the ultimate supremacy of the Rule of Law.
3. The Golden Triangle of Articles 14, 19 and 21 is built on fundamental principles of equality, freedom, and liberty.
   1. Article 14 ensures that everyone is equal before the law and is entitled to equal protection of the law. This helps prevent discretion.
   2. Article 19 gives us certain freedoms,  such as freedom of speech, expression, and movement. It lets us do things as long as we follow the law.
   3. Article 21 protects our right to life and personal freedom, ensuring it can't be taken away without a proper legal process.
4. But, there are few exceptions in India’s case concerning the Dicey’s concept of the Rule of Law:
   1. Discretionary Power: Officials sometimes have the power to make decisions based on their judgment. Such power is needed for the smooth functioning of democracy.

Officials	Discretionary Power	Under Constitutional Article
President	Pardoning Power	Article 72
	Appointment of Prime Minister	Article 75
	Dissolution of Lok Sabha	Article 85
Governor	Pardoning Power	Article 161
	Appointment of Chief Minister	Article 164
	Dissolution of State Legislative Assembly	Article 174
	Governor's Power to Withhold Assent to Bills	Article 200
	Governor recommending the imposition of President's Rule	Article 356

1. 2. Immunities: Some officials enjoy certain immunities to ensure the independence of their roles. For example,  the President and Governor cannot be questioned in court for their official actions. They have immunity from criminal charges, and even civil proceedings can only start after giving them prior notice.
   3. Privileges: Special rights or advantages are provided to many individuals to ensure the effective functioning of their duties. For example, Diplomats do not have to follow all the laws and rules of the country where they work.

Which cases have emphasized the Rule of Law in India?

Cases	Court’s Interpretation or Judgement
Kesavananda Bharati vs State of Kerala (1973)	Rule of Law is part of the Basic Structure of the Constitution and no change or amendment can go against it.
Indira Gandhi vs Raj Narain (1975)	Even the highest authorities such as the Prime Minister are subject to the Rule of Law.
Maneka Gandhi case (1978)	The court emphasized the importance of the rule of law and the prevention of arbitrariness
D.K. Basu vs State of West Bengal (1996)	Violence in police custody is an attack on human dignity. Therefore, authorities need to follow the Rule of Law to protect human rights.
Som Raj vs State of Haryana (2001)	Any authority exercising discretion should have a good reason behind its actions. The idea is that choices should be based on reasonable grounds.

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