B.A.LL.B. (Hons.

ADMINISTRATIVE LAW

(SEMESTER-IV)

Amrita Singh
Asst. Prof. (Law)
UNIT -1
These topics we will discuss in this PPT….

 Rule of Law
 Introduction
 Rule of law under Indian Constitution
 Dicey’s Concept
 Factor’s of rule of law
 Criticism
 Case Law
 Conclusion
 A burger
 The rule of law can be a confusing concept, so we’ve created a
diagram that turns the idea into something more relatable but just
as juicy.
 Like a burger, the rule of law is a deceptively simple phrase that
squeezes a bunch of juicy concepts inside.
 We all know how wrong things can go when a burger is assembled
poorly or ingredients are left out. Sauce slops on your shirt,
tomatoes slip out onto the floor.
 Worse, if the pattie is not sized correctly, you will end up chomping
down on disappointing mouthfuls of bun with no meat in between.
 The rule of law also needs all its ingredients to work. It’s a delicate
burg and comes from one of those hipster joints that might cost a
little more, but is very much worth the extra dough you spend on it.
The expression “Rule of Law” has been
derived from the French Phrase ‘la principe
de legalite’ i.e. a Government based on the
principles of law.
It was expounded for the first time by Sri

Edward Coke, and was developed by Prof.

A.V. Dicey in his book ‘The law of the
Constitution’ published in 1885.
 According to Edward Coke, “Rule of Law
means:

 Absence of arbitrary power on the part of the

Government
 No man is punishable or can be made to suffer

in body or good except for a distinct breach of

law established in the ordinary legal manner
before the ordinary courts of the land.
Rule of Law
“In question of power, then, let no more be said
of confidence in man, but bind him down from
mischief by the chains of the Constitution.”

Dicey regarded rule of law as the bedrock of the

British Legal System: ‘this doctrine is accepted in
the constitutions of U.S.A. and India.
Introduction
 The rule of law is one of the pillars of modernity
and widely considered necessary for sustained
economic development, implementation of
democracy and the protection of human rights.

 The concept of the rule of law is an animation of

natural law and remains as a historical ideal which
makes a powerful appeal even today to be ruled
by law not by a powerful man.
Growth
 Theological- All law based on god.

 Secular- based on inherent good.

 Positivism- Law is what passed by

parliament.
Contd…

As per Prof. A.V. Dicey, “the rule of law

means the absolute supremacy or
predominance of the regular law as
opposed to the influence of arbitrary
power and excludes the existence of
arbitrariness or even of wide discretionary
authority on the part of the government.”
Dicey’s Concept

Supremacy of Law

Equality before Law

Predominance of legal spirit

Factor’s of Rule of Law
 Rule of Law is a system where the following principals
are upheld:
 Constraints on Government Power
 Absence of Corruption
 Order and Security
 Fundamental Rights
 Open Governments
 Regulatory Enforcement
 Civil & Criminal Justice
 Informal Justice
1. Supremacy of Law :

The first meaning of the Rule of Law is that

‘no man is punishable or can lawfully be
made to suffer in body or goods except for a
distinct breach of law established in the
ordinary legal manner before the ordinary
courts of the land.’
2. Equality before Law:

No one is above law.

3. Predominance of Legal Spirit:

Rule of Law is the general principals of the

constitution are the result of juridical decisions
determining file rights of private persons in
particular cases brought before the Court.
Criticism of Dicey’s
definition

 Dicey’s concept of rule of law has been

criticized mainly on the ground of his notion of
equality before law which according to him,
negatives the existence of administrative law.

 With regard to the first meaning (no man is

punishable, etc.) it can be said that this
principle applies generally in criminal law .
Rule of Law under Indian
Constitution
 The preamble of our constitution clearly sets out the
principals of rule of law when it lays down the
objectives of social, economic and political justice,
equality of status and opportunity, and fraternity and
dignity of individuals in India.
 Part III of the Constitution lays down the fundamental

rights guaranteed to every citizen of the country.

These rights are justifiable U/A 32 & 226 which
ensure them a protection from any legislative or
executive encroachment.
Contd…
 The Constitution of India has been made the
supreme law of the country and other laws are
required to be in conformity with it. Any law
which is found in violation of any provision of the
Constitution, particularly, the fundamental rights,
is declared void. The Indian Constitution also
incorporates the principle of equality before law
and equal protection of laws enumerated by
Dicey under Article 14.
 The very basic human right to life and personal liberty has
also been enshrined under Article 21. Article 19(1) (a) of
the Indian Constitution guarantees the third principle of
the Rule of law (freedom of speech and Expression). No
person can be convicted of any offence except for violation
of a law in force at the time of the commission of the act
charged as an offence is also very well recognized in the
Indian Constitution. The principles of double jeopardy and
self-incrimination also found its rightful place in the
Constitution.  Articles 14, 19 and 21 are so basic that they
are also called the golden triangle Articles of the Indian
Constitution.
 The Constitution also ensures an independent an
impartial Judiciary to settle disputes and grievances
for violation of fundamental rights by virtue of
Articles 32 and 226. In Union of India v. President,
Madras Bar Association, the Supreme Court held
that “Rule of Law has several facets, one of which is
that disputes of citizens will be decided by Judges
who are independent and impartial; and that
disputes as to legality of acts of the Government will
be decided by Judges who are independent of the
Executive."
Case Law

“The rule of law postulates the pervasiveness of

the spirit of law throughout the whole range of
government in the sense of excluding arbitrary
official action in any sphere….It is an expression to
give reality to something which is not readily
expressible.”

Smt. Indira Nehru Gandhi v. Raj Narain

AIR 1975 SC 2299
“It is the essence of the rule of law that every
authority within the State including the executive
government should consider itself bound by and
obey the law.”

State of Bihar v. Sonavati Kumari

AIR 1961 SC 221
Bachan Singh v. State of Punjab,
popularly known as ‘Death Penalty Case’, “ The
rule of law permits the entire fabric of the
Constitution and indeed forms one of its basic
features. The rule of law excludes arbitrariness,
its postulate is ‘intelligence without passion’ and
reason free from desire. Wherever we find
arbitrariness or unreasonableness, there is
denial of the rule of law.”
 Raghubir Singh v. State of Haryana
(AIR 1980 SC 1087)
Judges: V.R. Krishna Iyer v. E.S. Venkataramiah, JJ.
Issue: Special strategies to prevent and punish
brutality by police methodology for the
creditability of the rule of law.
Held: No relief made to the petitioner-police
officer and conviction and sentence by lower
courts were upheld by Supreme Court.
 The Constitution (First Amendment) Act, 1951,
shocked the status of Rule of law in India. The question
which came up for consideration in Shankari Prasad v.
Union of India, was whether the fundamental rights
can be amended under Article 368. The Supreme Court
held that Parliament has the power to amend Part III
of the Constitution under Article 368 as under Article
13 ‘law’ means any legislative action and not a
constitutional amendment. Therefore, a constitutional
amendment would be valid if abridges any of the
fundamental rights.
Conclusion
It is not possible to formulate a simple and clear cut
statement of the rule of law as a broad political doctrine. As
the needs of national and international community’s change,
so we may need to restate the received values of law in
response to those changes. The maintenance of life in
modern society requires willingness from most citizens for
most of the time to observe the laws, even when individually
they may not agree with them. It deserves to be
remembered that law, like the democratic process, may be
use to protect the weaker, underprivileged sections of society
against those who can exercise physical or economic force.
THANK YOU