A RULE OF LAW: A CONSTITUTIONAL PERSPECTIVE

Constitutional law- I

Submitted by

Aviral Vinayak Jaroliya

SM0115008

2nd year 4th semester

National Law University and Judicial Academy, Assam

1
 Contents

Table of Cases...2

Table of Statues.........................................2

Table of Abbreviation ..........2

Introduction...5

Objectives and Aim...6

Scope ........................6

Review of Literature.........6

Research Questions....,..................................6

Research Methods applied to test the hypothesis..................6

Concept of Rule of Law and Historical Background7

A.V. Diceys Influential Formulation Rule of Law...9

Interpretation of Rule of Law by the Judiciary..14

Change in Traditional Notion of Rule of Law..16

Conclusion.....17

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 Table of Cases

1. Chief settlement Commissioner Punjab v. Om Prakash, [1968 SCR (3) 655.]

2. Indira Nehru Gandhi v Raj Narain, [1975 SCC (2) 159].
3. Kesavananda Bharati v. State of Kerala, [AIR 1973 SC 1461].
4. Maneka Gandhi v. Union of India, [(1978) 1 SCC 248].
5. Shankari Prasad v. Union of India, [AIR 1951 SC 455].
6. Som Raj v. State of Haryana, [1990 SCR (1) 535].
7. S.P. Sampath Kumar v. Union of India, [1987 SCR (3) 233].
8. Union of India v. Raghubir Singh, [1989 SCR (3) 316].
9. Yusuf Khan v. Manohar Joshi, [SC 673 1998].

Table of Statutes
1. The Constitution of India, 1950

Table of Abbreviation

AIR All Indian Reporter

All Allahabad
BOMLR Bombay Law review
Cal Calcutta
Del Delhi
ER England Reporter
IRDA Insurance Regulatory and Development Authority
Raj Rajasthan
S.C. Supreme Court
Sec Section
v. Verses
WLR Weekly Law Report

Abstract

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Sir Ivor Jennings, the famous constitutional historian, has characterised Rule of Law as an
unruly horse. Rule of Law is not mere legalistic slogan. It symbolises an enlightened
civilised societys effort and quest to combine that degree of liberty without which law is
tyranny with that degree of law without which liberty becomes license. 1 The term Rule of
law is derived from the French phrase la principe de legalite which means the principal of
legality. It refers to a government based on principles of law and not of men. In other
words, the concept of la Principe de legalite is opposed to arbitrary powers. 2 In
Commonwealth law, the most famous exposition of the concept of rule of law was laid down
by Albert Venn Dicey in 1885 in his Law of the Constitution. Dicey identified three principles
which together establish the rule of law

1. The absolute supremacy or predominance of regular law as opposed to the influence

of arbitrary power;

2. Equality before the law or the equal subjection of all classes to the ordinary law of
the land administered by the ordinary courts;

3. The law of the constitution is a consequence of the rights of individuals as defined

and enforced by the courts.

Introduction

1
Soli J. Sorabjee, Rule of Law Its Ambit and Dimension, edited by N. R. Madhavan Menon. Rule of Law In a
Free Society, Oxford University Press, new Delhi, P. No. 3.
2
Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html.

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The Rule of Law is the principle that governmental authority is legitimately exercised only in
accordance with written, publicly disclosed laws adopted and enforced in accordance with
established procedure. The principle is intended to be a safeguard against arbitrary
governance. Samuel Rutherford was one of the first modern authors to give the principle
theoretical foundations, in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws
(1748).Rule of Law runs like a golden thread in our constitution which in several articles
accentuation the necessity of law. Case in point in Article 14 of Constitution of India states
The State shall not deny to any person equality before the law and equal protection of laws
within the territory of India. Similarly in Article 21 pith of Rule of Law can be seen and it
states No person shall be deprived of his life or personal liberty expect according to the
provision established by law. Article 265 provides that No person shall be taxed without the
authority of law. Article 15, 16 and 38 also shows the essence of Rule of Law. The Supreme
Court of India in a several judgements has given impact to the Rule of Law. Case in point, in
Basheshwar Naths case in 1959, Supreme Court observed that the principle of the Rule of
Law was a crucial component of the certification of fairness or guarantee of equality. In
Bharat Singhs case, the court pronounced that no activity, which preferentially or
antagonistically influences an individual, could be taken without the approval or authority of
law. In its path breaking judgement in Keshavanand Bhartis case the Supreme Court
articulated the doctrine of the basic structure of the Constitution and expressed that Rule of
Law incorporates in the rundown of its vital gimmicks.

Today, the concept of the Rule of Law is more comprehensive. International Commission of
Jurists declared in 1959 that the Rule of Law is not merely to safeguard and advance civil
and political rights of the individual in free society, but also to establish social, economic,
educational, educational and cultural conditions under the conditions under which his
legitimate aspirations and human dignity may be realised. 3 Thus, Rule of Law is an
elementary idea or dynamic concept, which additionally takes inside its ambit all human
rights and privileges of all individual, which are indivisible and are autonomous.

This research project will take in account all the aspect of Rule of Law with proper
understanding of the concept of Rule of Law. The paper will be basically divided into two
parts. Firstly, the theoretical perspective and secondly, its practical or formalistic application
in the light of the Constitution of India and relevant case laws.

3
Soli J. Sorabjee, Rule of Law Its Ambit and Dimension, edited by N. R. Madhavan Menon in Rule of Law In a
Free Society, Oxford University Press, new Delhi, 2009, P. No. 7.

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Research Problem: Whether the traditional notion of Rule of Law is tenable in the changing
world.

Existing Legal Situation: The Rule of Law is according to constitution but its ambit is
widen to that of traditional notion of Rule of Law and is handed over to the judiciary for
further interpretation.

Literature Review:

N. R. Madhavan Menon, Rule of Law In a Free Society, Oxford University Press: This
book give the proper understanding of the concept of Rule of Law and its ambit and
dimension.

Upendra Baxi, Rule of Law in India: this article gives a conceptual knowledge of Rule of
Law and changing notions of global social policy and regulation. The article also talks about
the new paradigm of trade related, market friendly human rights.

Scope and Objective: The Scope of the project topic is limited to the Constitution of India
and few other authorities writing on rule of law in the contemporary world. The objective of
this project is to describe AV Diceys Rule of Law and how it is embedded in the Constitution
of India and also to analyse critically if Rule of Law is continuously rearticulated in the
present times.

Research Methodology: For the completion of the project the doctrinal method has been
used where it will be concerned with the documental research, as the library was the only
source of information put to use. Internet source also provided substantive information.

Concept of Rule of Law and Historical Background

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As propounded by Massey in his book on Administrative Law, Rule of Law is a dynamic
concept and, like many other such concepts, is not capable of any exact definition. However,
it does not mean that there is no agreement on the basic values which it represents. Rule of
Law collates the rules which are based on the principles of freedom, equality, non
discrimination, fraternity, accountability and non-arbitrariness and is certain, regular and
predictable.4

Although credit for popularizing the expression "the rule of law" in modern times is usually
given to A. V. Dicey development of the legal concept can be traced through history to many
ancient civilizations, including ancient Greece, China, Mesopotamia, India and Rome. Rule
of Law could be regarded as a modern name of Natural Law. Jurisprudentially, Romans
called it 'Jus Naturale', mediaevalists called it the 'Law of God, Hobbes, Locke and
Roussueau called it 'Social Contract' or 'Natural Law' and the modern jurists call it 'Rule of
Law'. The idea has been developed from the French phrase 'la principle de legalite', i.e. a
Government based on the principles of law and not of men. 5 The ideal of the rule of law,
which can be traced back at least as far as Aristotle, is deeply embedded in the public political
cultures of most modern democratic societies. For example, the Universal Declaration of
Human Rights of 1948 declared that "it is essential if man is not to have recourse as a last
resort, to rebellion against tyranny and oppression, that human rights should be protected by
the Rule of Law." 6

The concept of Rule of law is of old origin. It is an ancient ideal, and was discussed by
Ancient Greek philosophers such as Plato and Aristotle around 350 BC. Plato wrote: Where
the law is subject to some other authority and has none of its own, the collapse of the state, in
my view, is not far off; but if law is the master of the government and the government is its
slave, then the situation is full of promise and men enjoy all the blessings that the gods
shower on a state. Likewise, Aristotle also endorsed the concept of Rule of law by writing
that "law should govern and those in power should be servants of the laws. 7 Plato and
Aristotle both developed important ideas about government and politics. Two of the many
political subjects that these men wrote about were tyranny and the rule of law. Tyranny

4
Justice F.M. Ibrahim Kalifulla, Rule of Law and Acess to Justice, NJA South Zone Regional Judicial
Conference on Role of Courts in upholding Rule of Law, Tamil Nadu, 2014, P. No. 1.
5
Ibid, P. No. 2.
6
Legal Theory Blog, http://lsolum.typepad.com/legaltheory/2009/07/legal-theory-lexicon-the-rule-of-law.html,
7
Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html,

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occurs when absolute power is granted to a ruler. The rule of law is the principle that no one
is exempt from the law, even those who are in a position of power. The rule of law can serve
as a safeguard against tyranny, because just laws ensure that rulers do not become corrupt. 8
Aristotle concludes that the rule of law helps guard against arbitrary and injudicious
government action. Aristotle is also sensitive to the fact that in a democracy it is essential for
the people to remain sovereign over the law. In India, the concept of Rule of law can be
traced to Upanishad. It provides that the law is the king of kings. It is more powerful and
rigid than the kings. There is nothing higher than law. By its powers the weak shall prevail
over the strong and justice shall triumph. 9 Indeed, from the legendary days of Adam and of
Kautilya's Arthasastra, the rule of law has had this stamp of natural justice, which makes it
social justice.10

In monarchy, the concept of law developed to control the exercise of arbitrary powers of the
monarchs who claimed divine powers to rule. In democracy, the concept has assumed
different dimension and means that the holders of public powers must be able to justify
publicly that the exercise of power is legally valid and socially just.11

A.V. Diceys Influential Formulation Rule of Law

8
Constitutional Rights Foundation, http://www.crf-usa.org/bill-of-rights-in-action/bria-26-1-plato-and-aristotle-
on-tyranny-and-the-rule-of-law.html.
9
Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html.
10
Justice F.M. Ibrahim Kalifulla, Rule of Law and Acess to Justice, NJA South Zone Regional Judicial
Conference on Role of Courts in upholding Rule of Law, Tamil Nadu, 2014, P. No. 2.
11
Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html.

8
Dicey introduced the term Rule of Law as a structuring device to tease out the constitutional
wheat from the sundry legal chaff, so to speak.12 Dicey developed the contents of his thesis by
peeping from a foggy England into a sunny France. In France, Dicey observed that the
government officials exercised wide discretionary powers and if there was any dispute
between a government official and private individual it was tried not by an ordinary court but
by a special administrative court. The law applicable in that case was not ordinary law but a
special law developed by the administrative

court. From this Dicey concluded that this system spelt the negation of the concept of rule of
law which is secret of Englishmans liberty. Therefore, dicey concluded that there was no
administrative law in England.13 Historically, the most influential account of the rule of law
was offered by A.V. Dicey. In 1855, for the first time A.V. Diceys lectures at Oxford was
published under the title, Introduction to the Study of the Law of the Constitution. He gave
three meanings to the Rule of Law:

It means in first place, the absolute supremacy or predominance of

regular law as opposed to the influence of arbitrary power, and excluded
the existence of arbitrariness, of prerogative, or even a wide discretionary
authority on the part of the government.... A man can be punished for a
breach of law, but he can be punished for nothing else.14
Thus no man could be made to suffer penalties expect for the distinction breach of law
established before the ordinary courts. In this sense Dicey contrasted the rule of law with
systems of government based on the exercise of those in authority of wide or arbitrary power
of constraints.15 In simple words the supremacy of regular law as opposed to arbitrary power.
Equality before the law, or the equal subjection of all classes to the
ordinary law of the land administered by the ordinary courts16
This implied that no man was above the law; that the officials like private citizens were under
a duty to obey the same law; and that there were no administrative courts to which were

12
Stephen Humphreys, Theatre of Rule of Law, Cambridge University Press, New York, 2010, P. No. 30.
13
Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-India-&-UK.html,
14
Dicey, Law of Constitution, 1885, P. No. 202.
15
E.L.S Wade and G. Phillips, Constitutional and administrative Law, Longman, London and New York, 1985,
P. No. 87.
16
Dicey, Law of Constitution, 1885, P. No. 202 203.

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referred claims by citizen against the state or its officials. 17 Thus it means equality before the
law of all persons and classes, including government officials.
the law of the Constitution, the rules which in foreign countries form part
of a constitutional code, are not the source but the consequence of the
rights of individuals, as defined and enforced by the courts ..., thus the
constitution is the result of the ordinary law of the land18
The rights of the individual was secured not by guarantees set down in a formal document but
by the ordinary remedies of private law available against those who unlawfully interfered
with his liberty, whether they were private citizens or officials. 19 Thus it means the
incorporation of constitutional law as a binding part of the ordinary law of the land.

Rule of Law vis a vis The Constitution of India

The rule of Law permeates the entire fabric of the Constitution of India and farms one of its
basic features.20 In Indian Constitution, Rule of Law has been adopted under the Preamble
where the ideals of justice, liberty and equality are enshrined. As given by Dicey, Rule of
Law has three main elements i.e. absence of arbitrariness, equality before law and individual
liberties or supremacy of Constitution. All the three elements of Rule of Law are deeply
rooted in the Constitution of India, thus making Rule of Law as the basic feature of the
Constitution of India.

1. Absence of Arbitrariness
The rule of Law excludes arbitrariness, its postulates is intelligence without passion and
reason freed from desire. What a necessary element of a rule of law is that the law must not
be arbitrary or irrational and it must satisfy the test of reasonability 21 and especially by
Executive Government. Equally important is the effective government capable of maintaining
law and order and of ensuring proper social and economic conditions for life with dignity for
its citizens. The abuse of power by the Executive is prevented as using two strategies. First,

17
E.L.S Wade and G. Phillips, Constitutional and administrative Law, Longman, London and New York, 1985,
P. No. 87.
18
Dicey, Law of Constitution, 1885, P. No. 203.
19
E.L.S Wade and G. Phillips, Constitutional and administrative Law, Longman, London and New York, 1985,
P. No. 87.
20
Indira Gandhi v Raj Narain, AIR 1975 SC 2299 (2369-71).
21
K. P. Chakravarti, Words and Phrases under the constitution, Eastern Law House Private Ltd., Kolkata, 2003,
P. No. 125.

10
by a scheme of limitation of power including guaranteed rights of citizens and separation of
executive and judicial powers. Secondly, the existence of an independent judiciary with the
powers of judicial review of executive action to ensure that power is exercised within the
limits of law.22
In India, the Constitution is supreme and the three organs of the Government viz. Legislature,
Executive and Judiciary are ssubordinate to it. It provides though for encroachment of one
organ (e.g.-Legislature) upon other (e.g.-Judiciary) if its action is mala fide, and the citizen
(individual) can challenge under Article 32 of the constitution if the action of the executive or
legislature violates the fundamental rights of citizens before the judiciary 23 and also under
Article 226. Under the Indian Constitution, executive powers are with the President,
legislative powers with the Parliament and judicial powers with the Judiciary - Supreme
Court, High Courts and subordinate courts. The Constitution of India provides Separation of
powers24 by giving separate powers to legislature, executive and judiciary but at the same
time applies the concept of Checks and Balances to ensure that there is no arbitrariness and
violation of citizens right by any of the three organs of the government. Judiciary checks
over the legislature by using the power of Judicial Review given under Article 137. Similarly,
under Article 72, President of India is given the judicial power to grant pardons, etc, and to
suspend, remit or commute sentences in certain cases 25, under Article 124, parliament is given
the right of appointment the judges of Supreme Court 26 and under Article 125, salary of
Judges of Supreme Court is determined by the Parliament 27. The Parliament, on the other
hand, has the power to impeach the President for violating the Constitution.28
The Constitution of India provides Fundamental Rights to the citizen of India to protect the
rights and liberty of the people against the encroachment of the powers delegated by them to
the government. Article 21 guarantees right to life and personal liberty. It provides that no
person shall be deprived of his life or personal liberty except according to the procedure
established by law. Article 20 protect the citizens in respect of conviction of offences expect
for the violation of law. Against the infringement of the fundamental rights, rule of law
22
N. R. Madhavan Menon., Rule of Law In a Free Society, Oxford University Press, new Delhi, 2009, P. No. IX.
23
Justice F.M. Ibrahim Kalifulla, Rule of Law and Acess to Justice, NJA South Zone Regional Judicial
Conference on Role of Courts in upholding Rule of Law, Tamil Nadu, 2014, P. No. 3.
24
Article 50, The Constitution of India, 1950.
25
Article 72, The Constitution of India, 1950.
26
Article 124(2), The Constitution of India, 1950.
27
Article 125(1), The Constitution of India, 1950.
28
Article 61, The Constitution of India, 1950.

11
requires proper forum for the redressal of grievances. Under Articles 32 and 226, citizen of
India can directly move to the court on the violation of any of the rights conferred to them
under Part III of the constitution of India (Article 12 35).

2. Equality before the law

The Fundamental Rights and the Directive Principles of State Policy are the primary tools
adopted to achieve the goal. Part III of the Constitution of India entitled 'Fundamental Rights'
comprises Articles 12 to 35 which lay down various rights, their limitations and remedies for
their enforcement. The rights range from the equality before the law to the freedom of speech
and expression, the protection against double jeopardy, the right to life and personal liberty,
the freedom of religion, prohibition of discrimination, and the protection against arrest and
unlawful detention.
Equal protection of law for the rich and poor alike is essential to the maintenance of the Rule
of Law. This implies that it is the obligation of the State that no one is deprived of access to
justice because of his/ her social or economic disabilities. The equality clause enshrined in
Article 14 is of wide importance. It prohibits the state from denying 'to any person equality
before the law or the equal protection of the laws' 29 and also take into account that no person
whether rich or poor, high or low, official or non-official is above the law. Article 15
provides Prohibition of discrimination on the grounds of religion, race, caste, sex or place of
birth.30 The general and abstract principle of equality laid down in article 14 is spelt out for
certain situations in greater details in Article 15 and in some of the succeeding articles.
Article 16 provides Equality of opportunity in matters of public employment. 31 Besides the
right to equality of opportunity in general terms, Article 16(2) prohibits discrimination
against a citizen on the ground of religion, race, caste, sex, decent, place of birth and
residence, subject, of course to Article 16(3). Article 18 provides abolition of titles by the
State so as there is no discrimination because of the conferred status or title. Article 38(2)
provides The state shall strive to minimise inequalities and ensure welfare of the people.
Article 39 ensures Equal pay for Equal work and also Article 39A provides Equal justice
and free legal aid i.e. promotion of justice on the basis of equal opportunity.

29
Article 14, The Constitution of India, 1950.
30
Article 15(1) and 15(2), The Constitution of India, 1950.
31
Article 16, The Constitution of India, 1950.

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 3. Individual Liberty and Supremacy of Constitution
Diceys doctrine of the Rule of Law has been accepted and embodied in the Constitution of
India. The Preamble enunciates the ideals of justice, liberty and equality. These concepts are
enshrined in the Part III as fundamental rights and are made enforceable. The Constitution is
supreme and all the three organs of the government i.e. legislature, executive and judiciary
are subordinate to it. Judicial supremacy in a Constitution ensures the protection of citizens
against both executive as well as legislative tyranny. In the case of written Constitutions in
particular, with defined powers of the several governmental organs or with defined powers of
the different units of a composite or federal State, the doctrine of judicial review secures the
rule of law. The principle of judicial review that enshrined in the Constitution of India allows
the subject to approach High Courts and Supreme Court for enforcement of their
Fundamental Rights guaranteed under the Constitution. Supreme Court under Article 32 and
High Court under Article 226 can issue writs for enforcement of the Fundamental Rights. Its
independent judiciary is at the heart of the structure of constitutional control which not only
ensures a credible system of checks and balances in governance, but also acts as an
instrument of social change and development.32

Interpretation of Rule of Law by the Judiciary

The Indian Judiciary has played an instrumental role in shaping Rule of Law in India. By
adopting a positive approach and dynamically interpreting the constitutional provisions, the
courts have ensured that the Rule of Law and respect for citizens rights do not remain only
on paper but are incorporated in spirit too. The meaning of rule of law has been much
expanded and applied differently in different cases by the judiciary.
Shankari Prasad v. Union of India33 was the first case which started the debate on Rule of
Law. After witnessing the game play between the government and the judiciary, the issue was

32
Justice K.G. Balakrishnan, Constitutional Control Praxis in The Present Day, Brazilian Supreme Court, 2008,
P. No. 2.
33
[AIR 1951 SC 455].

13
finally settled in the case of Kesavananda Bharati v. State of Kerala34 In this case the
Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine
of basic structure. In Chief settlement Commissioner Punjab v. Om Prakash35, it was observed
by the supreme court that, In our constitutional system, the central and most characteristic
feature is the concept of rule of law which means, in the present context, the authority of law
courts to test all administrative action by the standard of legality. The administrative or
executive action that does not meet the standard will be set aside if the aggrieved person
brings the matter into notice. In Indira Nehru Gandhi v Raj Narain36, Supreme Court held
clause (4) of the Constitution 39th Amendment Act, 1975 as unconstitutional and void on the
ground that it was outright denial of the Right to Equality enshrined in Article 14, It was held
by the Court that these provision were arbitrary and were calculated to damaged and destroy
the Rule of Law. In this case Justice H.R. Khanna held that the democracy is the Basic
Structure of the Constitution and it includes free and fair election which cannot be violated.
In the case of Maneka Gandhi v. Union of India37, Supreme Court established the Rule of
Law that no person can be deprived of his life and personal liberty except procedure establish
by law under Article 21 of the Constitution. In the case of S.P. Sampath Kumar v. Union of
India38, the courts have reiterated that judicial review is part of the basic structure of the
Constitution. The Supreme Court observed in Som Raj v. State of Haryana39, that the absence
of arbitrary power is the primary postulate of Rule of Law upon which the whole
constitutional edifice is dependant. Discretion being exercised without any rule is a concept
which is antithesis of the concept. Rule of Law highlights the independence of the judiciary
and the supremacy of courts. In case of Yusuf Khan v. Manohar Joshi40 in which the Supreme
Court laid down the proposition that it is the duty of the state to preserve and protect the law
and the constitution and that it cannot permit any violent act which may negate the rule of
law.
Hence, it is quite evident that the concept of rule of law is gaining importance and attention
and judicial efforts are made to make it stronger.

34
[AIR 1973 SC 1461].
35
[1968 SCR (3) 655.]
36
[1975 SCC (2) 159].
37
[AIR 1978 SC 597].
38
[1987 SCR (3) 233].
39
[1990 SCR (1) 535].
40
[SC 673 1998].

14
 Change in Traditional Notion of Rule of Law
When talk about the classical Indian traditions, it had a different conception of both rule and
law as compared to that of modern Western traditions. The constraining power of legality was
the central notion in modern Western traditions, while in India it was the moral authority
which is at the core of the rule of law. 41 In the medieval period, the understanding of Rule of
Law changes a bit, king became the supreme authority. In the pre independence era a new
perspective of Rule of Law evolved i.e. codification of personal laws and enactment of
different statutes. These laws and statute was binding on the natives and became the Rule of

41
Jura Gentium, http://www.juragentium.org/topics/rol/en/giri.htm.

15
Law for them. In the post independence era the most important an significant change came
into the understanding of Rule of Law i.e. the grund norm the Constitution of India.
The present Constitution of India has sought to create a more equal and just rule of law
between individuals and groups than what existed under traditional authorities such
as Manusmriti. Constitution strives to eliminate the humiliation that people suffered under the
traditional social system of caste and patriarchy, thus creating new ground for realization of
human dignity.42 In the contemporary world, the traditional notion of Rule of Law goes
transnational or global. It no longer stick to the three elements of AB Diceys Rule of Law i.e.
absence of arbitrariness, equality before law and individual liberty but has widen its ambit to
that in relation to the emerging notions of global social policy and regulation. The paradigm
of Universal Declaration of Human Rights stands now confronted by a new paradigm of trade
related, market friendly human rights.43 With the change of time and emergence of new
network of international trade and investment in this era of globalisation, the traditional
notion of Rule of Law is not sufficient to fulfil its objective. The peoples struggle for the
social change proved to be one of the major driving forces for the transmission of the
traditional notion of Rule of Law. For example, various amendments in the legislature like
2013 Criminal Law Amendment, passing of new Acts like POCSO Act, Sexual Harassment
of Women at Workplace Act, etc were the need of the hour. Judicial activism, Public Interest
Litigation, Right to Information etc are some of the tools which are provided to the judiciary
and common people for better preservation of their rights and gives a new definition to Rule
of Law.

42
Jura Gentium, http://www.juragentium.org/topics/rol/en/giri.htm.
43
Upendra Baxi, Rule of Law in India, 2007, P. no. 2.

16
 Conclusion
In the end, it can be concluded that the Indian Constitution enshrines the rule of law as a
fundamental governance principle, though the term is not mentioned expressly in the text of
the Constitution. All the basic elements of the Rule of Law are deeply rooted in the
Constitution of India whether it is constitutional supremacy, independent judiciary,
fundamental rights that ensure equality before law, individual liberty etc. Though it can be
agreed that there are several challenges that pose threat to building a society based on robust
rule of law framework like continued socio-economic inequalities despite affirmative active
provisions and programmes, large population, corruption, communal riots, judicial delays,

17
law and order problems in view of Regionalism and Naxalism, and the general apathy of
people towards the rule of law are matters of serious concern. But on the other hand, despite
of these challenges, there is no doubt on the constitutional mandate or government's
commitment to establishing a rule of law society. Judiciary also plays a very important role in
the establishment and protection of Rule of Law and role of judges is equally important.

BIBLIOGRAPHY

Books
1. Humphreys Stephen, Theatre of Rule of Law, Cambridge University Press, New York,
2010.
2. Sorabjee Soli J., Rule of Law Its Ambit and Dimension, edited by N. R. Madhavan
Menon. Rule of Law In a Free Society, Oxford University Press, New Delhi.
3. Dicey, Law of Constitution, 1885.

18
 4. Wade E.L.S and Phillips G., Constitutional and administrative Law, Longman,
London and New York, 1985.
5. Menon N. R. Madhavan , Rule of Law In a Free Society, Oxford University Press,
new Delhi, 2009.

6. Bakshi P. M., The Constitution of India, Universal Law Publication, New Delhi, 2013.

7. Jain M. P., Indian Constitutional Law, Lexis Nexus, Haryana, 2014.

8. Shukla V. N., Constitution of India, Eastern Book Company, Lucknow, 2013.

Articles, Reports and Journals

1. Kalifulla F.M. Ibrahim , Rule of Law and Acess to Justice, NJA South Zone Regional
Judicial Conference on Role of Courts in upholding Rule of Law, Tamil Nadu.
2. Balakrishnan K. G., Constitutional Control Praxis in The Present Day, Brazilian
Supreme Court, 2008.
3. Baxi Upendra, Rule of Law in India, 2007.

Internet sources
1. Legal Service India, http://www.legalserviceindia.com/article/l457-Rule-of-Law-in-
India-&-UK.html.
2. Legal Theory Blog, http://lsolum.typepad.com/legaltheory/2009/07/legal-theory-
lexicon-the-rule-of-law.html.
3. Constitutional Rights Foundation, http://www.crf-usa.org/bill-of-rights-in-action/bria-
26-1-plato-and-aristotle-on-tyranny-and-the-rule-of-law.html.

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