Rule of Law in India (A V Dicey vs Indian Constitution)
🇮🇳 Rule of Law in India – A.V. Dicey vs. Indian Constitution
📘 I. Introduction
Rule of Law is a foundational concept in constitutional democracies. It denotes supremacy of law over arbitrary power, ensuring equality, fairness, and accountability in governance.
The term "Rule of Law" is not explicitly defined in the Indian Constitution.
However, it is considered a basic feature of the Constitution, forming the bedrock of constitutional governance.
👨⚖️ II. A.V. Dicey’s Concept of Rule of Law
In his classic work "Introduction to the Study of the Law of the Constitution" (1885), A.V. Dicey propounded a threefold understanding of the Rule of Law:
1. Supremacy of Law
No man is punishable except for a breach of law established by the ordinary legal process.
No arbitrary power; every act of government must have legal justification.
2. Equality Before Law
All persons are subject to the same law administered by ordinary courts.
No special privileges for the powerful; everyone is equal under the law.
3. Predominance of Legal Spirit
The Constitution is not the source, but the consequence of rights as defined by courts.
Protection of rights is secured through courts and common law traditions, not written guarantees.
🇮🇳 III. Rule of Law in the Indian Constitution
The Indian legal system modifies and expands Dicey’s concept to suit a written, codified Constitution.
🔹 How India adopts Rule of Law:
| Dicey’s Principle | Indian Constitutional Equivalent |
|---|---|
| Supremacy of Law | Constitution is the supreme law (Art. 13, 245) |
| Equality Before Law | Article 14 – Equality before law and equal protection of laws |
| Predominance of Legal Spirit | Fundamental Rights (Part III), Judicial Review (Art. 32, 226) |
Thus, while Dicey's model was unwritten and based on common law, India’s Rule of Law is constitutional, codified, and enforceable.
📜 IV. Case Law Analysis – Rule of Law in India
Here are more than five landmark Supreme Court cases that have developed and defended the Rule of Law in India:
1. A.K. Gopalan v. State of Madras (1950) AIR 27
Issue: Preventive detention challenged under Article 21.
Held:
Court adopted a literal interpretation, separating Article 21 from Article 19.
Rule of law seen narrowly.
Significance:
Early restrictive view; later overruled.
2. Maneka Gandhi v. Union of India (1978) AIR 597
Issue: Passport impounded without hearing; violation of Article 21?
Held:
Due process of law introduced into Indian jurisprudence.
Article 21 must be read in conjunction with Articles 14 and 19.
Significance:
Landmark case expanding the meaning of Rule of Law.
All administrative actions must be fair, just, and reasonable.
3. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
Issue: Can Parliament amend the Constitution to take away fundamental rights?
Held:
Basic Structure Doctrine introduced.
Rule of Law is a basic feature of the Constitution and cannot be abrogated.
Significance:
Rule of Law elevated to constitutional supremacy.
Acts as a check on legislative and executive excesses.
4. Indira Nehru Gandhi v. Raj Narain (1975) Supp SCC 1
Issue: Constitution amended to validate PM’s election after court’s annulment.
Held:
Amendment struck down as violating Rule of Law and free and fair elections.
Significance:
Reaffirmed that political power is subject to legal accountability.
Strengthened judicial review as part of Rule of Law.
5. I.R. Coelho v. State of Tamil Nadu (2007) 2 SCC 1
Issue: Can laws placed in the Ninth Schedule escape judicial review?
Held:
Laws affecting fundamental rights and Rule of Law can be struck down.
Even Ninth Schedule laws are subject to basic structure test.
Significance:
Judicial review is integral to Rule of Law.
No immunity for unconstitutional laws.
6. Chief Settlement Commissioner v. Om Prakash (1969) 2 SCC 403
Issue: Arbitrary administrative action by Settlement Officer.
Held:
Administrative authorities must follow law and reason.
Rule of Law means no unfettered discretion.
Significance:
Ensured non-arbitrariness in administrative decisions.
7. ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521 (Habeas Corpus Case)
Issue: Can right to life be suspended during Emergency?
Held:
Majority held yes, but Justice H.R. Khanna dissented.
❝ Even in absence of Article 21, State has no power to deprive a person of liberty without law. ❞ – Justice Khanna
Significance:
Criticised for violating Rule of Law.
Overruled later by the Puttaswamy Case (2017).
Justice Khanna's dissent is hailed as a moral victory for Rule of Law.
8. Union of India v. R. Gandhi (2010) 11 SCC 1
Issue: Constitutional validity of National Company Law Tribunal (NCLT).
Held:
Tribunals must have judicial independence and be free from executive control.
Rule of Law includes separation of powers.
Significance:
Reinforced the idea that efficient justice delivery is central to Rule of Law.
📚 V. Comparison: Dicey vs. Indian Context
| Aspect | A.V. Dicey | Indian Constitution |
|---|---|---|
| Source of Rights | Judicial decisions (common law) | Written Constitution (Part III) |
| Nature of Constitution | Unwritten, flexible | Written, rigid in part |
| Equality Principle | Formal equality (same law for all) | Substantive equality (positive discrimination allowed) |
| Judicial Review | Limited (no written constitution) | Strong; Art. 32 and 226 allow direct enforcement of rights |
| Due Process | Opposed due process (favoured procedure est. by law) | Adopted in Maneka Gandhi case |
| Separation of Powers | Implied, weak | Implied but judicially enforced through Rule of Law |
| Welfare Role of State | Minimal | Extensive – Directive Principles promote socio-economic justice |
🏁 VI. Conclusion
While A.V. Dicey's Rule of Law provided a philosophical foundation, the Indian Constitution has evolved it into a robust, enforceable framework.
Indian courts have interpreted Rule of Law as part of the Basic Structure, going beyond Dicey’s classical liberalism to include:
Welfare goals
Access to justice
Judicial review
Fair procedure
The Rule of Law in India today is not merely a principle, but a constitutional imperative.
✅ Quick Recap of Key Cases
| Case | Contribution to Rule of Law |
|---|---|
| A.K. Gopalan (1950) | Early narrow view of liberty |
| Maneka Gandhi (1978) | Fair procedure, expanded due process |
| Kesavananda Bharati (1973) | Rule of Law as basic structure |
| Indira Gandhi v. Raj Narain (1975) | Political power is not above the Constitution |
| I.R. Coelho (2007) | No immunity for laws violating Rule of Law |
| ADM Jabalpur (1976) | Flawed majority, but iconic dissent on Rule of Law |
| R. Gandhi NCLT Case (2010) | Judicial independence as part of Rule of Law |
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