Rule Of Law

KEYTAKEWAYS:

• The idea of the Rule of Law is one of the fundamental tenets of the English Constitution. All international legal systems, including the constitutions of the United States of America and India, have firmly established the idea.
• This theory is credited to Edward Coke, the Chief Justice of England, who served as head of state during King James I's reign. Justice Coke declared that the King ought to be subject to both God and the law, stressing the superiority of the law over the executive. Dicey developed the theory of Justice Coke in his seminal work "The Law and the Constitution," which was released in 1885.

            RULE OF LAW-MEANING & SCOPE

• The phrase "rule of law" comes from the French phrase "La Principe de Legalite," which means "the principle of legitimacy." It describes a government that, in contrast to a dictatorship, is founded on the rule of law and justice.
• One of the fundamental tenets of the English Constitution is the rule of law, a concept that is also recognized in the constitutions of the United States and India.
• The theory of the rule of law forms the whole foundation of administrative law.
• This idea was first proposed by Sir Edward Coke, the Chief Justice during the reign of King James I. He argued that nothing could be against the law and that the King should be answerable to both God and the law. He also established the supremacy of the law over the Supreme Court.
• The notion of the Rule of Law is antiquated and archaic. Around 350 BC, prominent Greek philosophers like Plato and Aristotle lived.
•  Plato wrote: “Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state.
• Similarly, Aristotle further underwrites the concept of the Rule of Law that “law should govern and that in power should be servants of the laws.”

           DICEY’S DEFINITION OF THE RULE OF LAW

According to Dicey's work, the Rule of Law is a cornerstone of the English legal system. He interprets the doctrine in three ways:

           SUPREMACY OF LAW:

• Dicey defines the term "rule of law" as the total domination or supremacy of established law as opposed to the influence of broad discretionary power or arbitrary authority.
• It means that the government's existence of arbitrariness is excluded.
• This basically means that unless there is a violation of a law established through the regular legal process and before regular courts of the nation, no man may be lawfully detained, punished, or made to suffer in body or property.

            EQUALITY BEFORE LAW:

• Dicey explained this part of the doctrine by saying that all classes must be equally subject to the ordinary law of the land, which is upheld by ordinary law courts, or they must be treated equally before the law.

• According to Dicey, denying civil servants access to special tribunals and removing them from the ordinary court system amounted to denying them equality.
• He declared that any interference with the subject's unrestricted access to the courts or encroachment upon their jurisdiction would undoubtedly compromise his rights.

PREDOMINANCE OF LEGAL SPIRIT:

• Dicey noted that while written constitutions protect rights like the freedom to hold public meetings, the right to personal liberty, and freedom from arrest in many other countries, this is not the case in England.
• These rights in England are the outcome of court rulings in specific cases that have genuinely come up between the parties.
• As a result, he underlined the function of the legal system in preserving liberty and proposed that the rights would be better protected if they could be enforced in court rather than just being stated in a written statement.

MODERN CONCEPT OF RULE OF LAW IN ADMINISTRATIVE LAW:

The idea of the rule of law has great power. It cannot be interpreted to imply that the law is a set framework that remains constant. The International Commission of Jurists convened in New Delhi in 1959 to discuss the idea of legal law. The principal outcomes are:

• The legal purpose is "to safeguard and advance the social and political rights of the individual in a society that is free. "Ensuring that an individual has access to the social, economic, educational, and cultural spaces that they need to live a dignified life and achieve their goal.
• It shouldn't affect someone's ability to practice their religion or their right to free speech or personal autonomy. It shouldn't affect someone's ability to practice their religion or their right to free speech or personal freedom.
• Minority groups are not subject to discrimination.
• There are not enough security guards to allow the authorities to abuse their power.
• Independent courts ought to operate safely and without intervention from the government or administration.
• An autonomous legal profession is essential to the rule of law.

APPLICABILITY OF CONCEPT OF RULE OF LAW IN ADMINISTRATION                LAW IN INDIA:

• In India during the Middle Ages, administrative law did not embrace the concept of the rule of law. The monarch served as the guardian of all laws and the source of justice. He was viewed as being unruly.
• Despite the fact that the law was upheld in Britain, the Rule of Law was disregarded during British rule. The goal of the East India Company has been to increase trade, revenue, and territory. It placed little value on just justice and law enforcement.

THEORETICAL APPLICATION OF RULE OF LAW IN INDIA:

• The Indian Constitution aimed for India to be a law-abiding nation. It stipulates that legislators and government officials derive their constitutional authority from the constitution, which will have the highest authority in the world.
• According to Article 13 (1), any law passed by the legislature will be deemed invalid if it does not comply with the Constitution.
• Article 21 states that no one shall be deprived of his life or liberty except in compliance with the law, thereby providing an additional check on the actions of management.
• The separation of powers between the three branches of government is ultimately ensured by Article 14's guarantees of equality for all citizens and the prohibition of discrimination based on race, religion, or national origin. The legislature and the executive branch are powerless over the courts. In these respects, the constitution satisfies Dicey's concept in its entirety, making the nation known for upholding the rule of law.

PRACTICAL APPLICATION OF RULE OF LAW IN INDIA:

• Critics have consistently argued that the Indian Rule of Law is a myth that has no practical application.
• While the country is undoubtedly corrupt, the 2012 World Justice Project details indicate that India is well on its way to opening up to government and democracy. In terms of government testing and limited power, India ranks 37 out of 97 countries tested globally, ranking first among five in their region and second among 23 low-income countries. The rule of law, however, does not always hold true in writing. India is not very efficient in its processes when it comes to charging. India is ranked 83rd in the world in terms of non-corruption and 96th in terms of order and security.
• Apart from the issues arising from corruption in the legislative and legal systems, another challenge confronting India is the persistence of antiquated legislation. The Indian Independence Act stated that all laws enacted during colonial rule would remain in effect under the new system unless specifically revoked by parliament. As a result, India no longer recognizes the "sunset" clause in its laws.
• While this gave the country a strong legal basis and helped to avoid tensions after independence, some of these laws were written to fit the current context, making them difficult to interpret today. As a result, there are misconceptions and never-ending debates about how to interpret the clauses.

            ROLE OF JUDICIARY UNDER ADMINISTRATIVE LAW INDIA:

Many cases in Indian Administrative Law have addressed the idea of the rule of law. Below are a few of the numerous cases:

ADM JABALPUR VS SHIVKANT SHUKLA:

• Habeas Corpus is another name for the case. In terms of the rule of law, it is among the most significant cases. The inquiry posed to the court under consideration is whether India has any other legal frameworks apart from Article 21 of the Indian Constitution. The enforcement of articles 14, 21, and 22 was halted in relation to the declaration of emergency.

KESHAVANANDA BHARTTI VS STATE OF KERELA:

• In this context, the Supreme Court has decided that one of the key tenets of the constitutional theory is the rule of law.

SECRETARY, STATE OF KARNATAKA AND ORS. VS UMA DEVI:

• "It is evident, therefore, that compliance with the principle of equality in public service is a fundamental element of our Constitution and that the rule of law is the basis of our Constitutional law," stated the Constitutional Bench of the Court in laying out the legislation. ignoring the requirement to adhere to Article 14 of the Constitution as read by Article 16 of the Constitution.

CONCLUSION

• As a result, the Rule of Law mandates that judgments be made in accordance with established norms and laws, that they be anticipated, and that the public be informed of their whereabouts. There is no violence in it.
• From the discussion above, it is clear that goals are the essence of the law, and the rule of law is the most effective means of achieving them. The court also picks up some of the work in cases where human rights and the rule of law are related. The court devised a strategy whereby the government could be compelled to not only enact laws but also establish circumstances that would enable the populace to acquire the authority to exercise their rights in a just and comprehensible manner.
• The idea of the rule of law in Indian administrative law has not produced the desired effects in Indian society. Here are a few instances where our court upheld the law and made sure that justice was evident by establishing new procedures that look for ways to address violations of human rights by filing PILs.