Rule of Law and Indian Constitution

By Aashank Dwivedi

The author is a 3^rd-semester law student at Amity Law School Lucknow.

The concept of “rule of law” plays an important role in the administration of a country. It provides protection to the people against the arbitrary action of administrative authority. 

This concept has been derived from the French phrase ‘la princile de legailte’ i.e government based on the principle of law may be taken to mean rule or principle which governs the external action of human beings and which is recognized and applied by the state in the administration of justice.

Rule of law and Indian constitution

 In India, the meaning of rule of law has been very much expanded. It is regarded as a part of the basic structure of the constitution and therefore it cannot be abrogated or destroyed even by parliament. For the maintenance of rule of law, there must be an independent judiciary and impartial judiciary.

It is embodied in the concept of rule of law that equality before the law or equal protection of the law is ensured to all citizens, and every citizen is protected from the arbitrary exercise of power by the state.

The aim should be to provide for a system that secures its citizens adequate procedure for redress of their grievance against state forums that are able to administer justice in an impartial manner without fear or favor.

A.K Kraipak v. UOI

In A.k. Kraipak v. Union of India^[1], It was held that the concept of the rule of law would lose its vitality if the instrumentalities of the state were not charged with the duty of discharging their function in a fair and just manner.

The constitution specifically provides that the state shall not deny to any person equality before the law or the equal protection of the law.

The absence of arbitrary power is the first essential of the rule of law upon which our constitutional system is based. This means that the decision should be made by the application of known principles and rules and in general, such decisions should be predictable and citizens should know where they stand.^[2]

The constitution lays down in part fourth(the directive principles of state policy). It enjoys the state to bring about a social order in which justice- social, economic, and political should work. It directs the state to work for the betterment of the society where there should be no concentration of wealth;

Where everyone has an equal opportunity for education, work, and livelihood; where there is justice throughout.

Conclusion

The concept of rule of law promotes the ideals enshrined in the directive principles of state policy and draws its sustenance from the higher judiciary, which upholds the constitutionality of laws keeping in view the philosophy of these ideals.

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^[1] (1969) 2 SCC 262,269: AIR 1970 SC 150

^[2] S.G. Jaisinghani v. Union of India, AIR 1967 SC 1427,1433:(1967)2 SCR 703.