Author Details:-
NAIK MADIHA TY.B.A. LL.B. (Hons.) Asmita College of Law, Mumbai University
SHEILD OF INDIAN CONSTITUTION- THE RULE OF LAW
Do you know, which Indian concept guarantees that everyone is subject to the law, even those in positions of authority? Here the foundation of both administrative and constitutional law, the Rule of Law, is upheld. As rightly quoted by an Ethiopian Prime Minister Meles Zenawi, “The rule of law is the basis for any democracy. And without the rule of law in democracy, you have chaos.” The Rule of Law is the principle that all individuals and institutions, including those in positions of authority, are accountable under established laws. This foundational concept ensures that power is exercised within legal limits, protecting democracy from chaos and arbitrariness. In India, the Rule of Law forms the bedrock of both constitutional and administrative law, ensuring fairness, justice, and equality for all.
HISTORICAL ROOTS AND CONCEPTUAL DEVELOPMENT IN INDIA:
The idea of the Rule of Law traces back to multiple sources. British legal philosophers like Edward Coke argued that even the king must be subject to law, while Albert Venn Dicey further elaborated this in the 19th century through his book Introduction to the study of The Law of Constitution (1885) [1]. Dicey identified three key principles: equality before the law, absence of arbitrary power, and protection of individual rights.
In India, the concept of rulers being bound by moral and ethical standards dates back to ancient texts like the ‘Upanishads’, ‘Mahabharata’, and ‘Ramayana’, which emphasize Dharma—moral duty. The Upanishads stress that ‘Dharma governs individual and rulers’ behavior alike’, while the Bhagavad Gita teaches, ‘A ruler must always act by Dharma.’[2]. These principles laid the early groundwork for the Rule of Law in Indian governance.
CONSTITUTIONAL FOUNDATIONS OF THE RULE OF LAW:
The Rule of Law is embedded within the Indian Constitution through various provisions that guarantee equality, protect individual rights, and restrict arbitrary power. Key constitutional articles that reflect this include:
- Article 13(1): Ensures all laws conform to the Constitution. [3]
- Article 14: Guarantees equality before the law. [4]
- Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth. [5]
- Article 19: Secures fundamental freedoms of speech, assembly, and movement. [6]
- Article 21: Protects the right to life and personal liberty. [7]
- Article 22: Safeguards against arbitrary arrest and detention. [8]
- Article 25 and 28: Ensure freedom of conscience and prohibit religious instruction in state schools. [9]
- Article 31A: Protects land reforms, safeguarding against unfair property acquisition. [10]
JUDICIAL REVIEW AS A SAFEGUARD:
Judicial review is a crucial mechanism for enforcing the Rule of Law in India. Under Article 32, the Supreme Court has the power to issue writs to enforce fundamental rights, while Article 226 grants High Courts similar powers to ensure legal rights are protected. This allows citizens to challenge unconstitutional actions by the executive or legislature, ensuring that no one is above the law. [11]
ADMINISTRATIVE LAW AND THE RULE OF LAW:
Administrative law ensures government decisions comply with legal principles of fairness and transparency. A key concept here is natural justice, which mandates fair hearings in administrative proceedings, particularly when they affect individuals’ rights. For example, in Union of India v. Tulsiram Patel (1985), [12]. The Supreme Court underscored the importance of fair procedures in administrative decisions related to employment and pensions.
PUBLIC INTEREST LITIGATION (PIL):
Public Interest Litigation (PIL) has transformed access to justice in India, enabling citizens to challenge government actions affecting public interest. In S.P. Gupta v. Union of India (1981), [13]. PIL was expanded to allow citizens to address issues such as environmental protection, corruption, and human rights violations, emphasizing the role of the judiciary in ensuring accountability.
MODERN CHALLENGES TO THE RULE OF LAW IN INDIA:
Despite its strong constitutional foundation, the Rule of Law in India faces significant challenges:
- Executive Overreach: Sometimes, government actions threaten individual rights. In K.S. Puttaswamy v. Union of India (2017), [14]. The Supreme Court recognized privacy as a fundamental right under Article 21, highlighting the importance of protecting citizens’ data in a digital era.
- Administrative Tribunals: While these tribunals streamline dispute resolution, concerns have arisen over their transparency and fairness. The Court in L. Chandra Kumar v. Union of India (1997), [15]. Emphasized that judicial review of tribunal decisions is vital to uphold the Rule of Law.
INDIA’S GLOBAL COMMITMENT TO THE RULE OF LAW:
India’s commitment to the Rule of Law extends to its international obligations. As a signatory to the International Covenant on Civil and Political Rights (ICCPR), India upholds global human rights standards. In National Legal Services Authority v. Union of India (2014), [16]. The Supreme Court recognized transgender individuals as a third gender, adapting the legal framework to protect marginalized groups, reflecting a global approach to justice.
CONCLUSION:
The Rule of Law remains a cornerstone of India’s democratic system, ensuring that the government acts within the law, protects citizens’ rights, and delivers justice. Through judicial review, administrative fairness, and evolving interpretations, India strives to uphold this fundamental principle. As Justice H.R. Khanna noted, ‘The Rule of Law is the heart and soul of constitutionalism.’ It is through this principle that India’s democracy thrives, ensuring justice, equality, and accountability for every citizen.
ENDNOTES:
[1] A.V. DICEY- Introduction to the study of the law of the constitution (10th Edition, 1985)
[2] Bhagavad Gita- Chapter 3, Verse 35
[3] Article 13(1)- The Indian Constitution
[4] Article 14- The Indian Constitution
[5] Article 15- The Indian Constitution
[6] Article 19- The Indian Constitution
[7] Article 21- The Indian Constitution
[8] Article 22- The Indian Constitution
[9] Article 25 and 28- The Indian Constitution
[10] Article 31A- The Indian Constitution
[11] Article 32 and 226- The Indian Constitution
[12] Union Of India And Another vs Tulsiram Patel And Others, 1985 AIR 1416
[13] S.P. Gupta v. Union of India, 1982 AIR 149
[14] K.S. Puttaswamy v. Union of India, AIR 2018 SC
[15] L. Chandra Kumar v. Union of India, AIR 1997 SUPREME COURT 1125, 1997
[16] National Legal Services Authority vs Union Of India & Ors on 15 April, 2014
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