Origin & Meaning

“Be you ever so high, the law is above you” — Thomas Fuller. The Rule of Law (la principe de légalité) is the ancient principle, traceable to Aristotle and Bracton, that government must be conducted according to law, not according to the arbitrary will of men. Its classical modern exposition is by A.V. Dicey in Introduction to the Study of the Law of the Constitution (1885).

Dicey’s Three Postulates

1. Supremacy of Law — absence of arbitrary power: No one shall be punished or made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts.
2. Equality before the Law: Every person, whatever his rank or status, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. No special courts, no special privileges for officials.
3. Predominance of the Legal Spirit (Constitution is result of ordinary law): General principles of the Constitution (e.g. right to personal liberty, right of public meeting) are the result of judicial decisions in particular cases, not of a priori constitutional declarations.

Criticisms of Dicey

• His third postulate is England-specific and does not apply to countries with written constitutions.
• He misunderstood Droit Administratif — the Conseil d’État is in fact a strong protector of citizens’ rights.
• His absolute equality is impracticable in the modern welfare State — where differential treatment for public servants (e.g. protection under Article 311), women, Scheduled Castes/Tribes is often justified.
• He failed to foresee the inevitable growth of delegated legislation and administrative discretion.

Modern Concept — International Commission of Jurists (Delhi Declaration, 1959)

The Rule of Law should encompass:

1. Representative, democratic government.
2. Economic, social and cultural rights, not just civil-political rights.
3. Independent judiciary.
4. Freedom of thought, expression and the press.
5. Fair criminal process.

Rule of Law in India

The Indian Constitution gives Rule of Law a constitutional status:

• Article 14 — equality before law and equal protection of laws.
• Article 21 — procedure established by law; now “just, fair and reasonable” procedure (Maneka Gandhi).
• Articles 32 & 226 — writ jurisdiction for enforcement.
• Article 311 — protection of civil servants.
• Articles 50, 136, 227 — judicial independence & review.

Leading Cases

Rule of Law and Administrative Law

Administrative law is often described as a technique for enforcing the Rule of Law in the administrative sphere — through judicial review, natural justice, reasoned decisions, and remedies against the State.