Q1(a)2 MarksMention any two postulates of the Doctrine of Rule of Law.
Two cardinal postulates of A.V. Dicey’s Doctrine of Rule of Law (Introduction to the Study of the Law of the Constitution, 1885) are:
- Supremacy of Law — absence of arbitrary power: No person can be punished or made to suffer in body or goods except for a distinct breach of the law established in the ordinary legal manner before the ordinary courts.
- Equality before the law: Every person, whatever his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals — there are no special courts or privileges for officials.
Dicey’s third postulate — that the Constitution is the result of ordinary law and judicial decisions — is specific to England. The Indian Constitution gives Rule of Law a constitutional status under Article 14. Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461 held Rule of Law to be part of the basic structure.
