The Rule of Law is one of the most important principles in any democratic legal system. It means the law is supreme and applies equally to everyone—whether you are a citizen, a judge, or a politician. Without this principle, law loses its fairness and society becomes vulnerable to arbitrary power.
Origin and Meaning
The term came from British legal tradition and was popularised by jurist A.V. Dicey. He defined this using three core principles:
- Supremacy of Law – No one is above the law.
- Equality Before Law – Every person must be treated equally under the law.
- Predominance of Legal Spirit – Rights must come from law, not arbitrary power.
In simple terms, the Rule of Law says that the government must function within the law and not according to personal or political will.
Meaning in the Indian Constitution
Though the Constitution doesn’t directly mention the term “Rule of Law,” it flows through Articles like:
- Article 14 – Equality before the law.
- Article 21 – Protection of life and personal liberty.
- Article 32 and 226 – Power of courts to enforce legal rights.
These Articles create a framework where laws, not individuals, control actions. The Indian judiciary considers the this rule as part of the basic structure of the Constitution.
Key Judgments
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that Rule of Law is part of the Constitution’s basic structure and cannot be destroyed by amendments.
In Maneka Gandhi v. Union of India (1978), the Court ruled that any law affecting personal liberty must be fair, just, and not arbitrary.
In A.D.M. Jabalpur v. Shivkant Shukla (1976), the Court initially weakened this principle during the Emergency. Later, it acknowledged that the decision was wrong and reaffirmed the importance of Rule of Law in safeguarding rights.
Why this is crucial in a democracy?
This principle prevents misuse of power. It makes sure everyone, even those in power, follows the same rules. Without it, rulers could act as they please without consequences. Rule of Law also protects citizens’ rights by ensuring that laws remain clear, consistent, and fairly applied. It helps courts stop discrimination, protect liberty, and demand transparency.
Difference Between Rule by Law and Rule of Law
This is a stark difference between the two. Under Rule by Law, the government can make laws that support its authority—even if they are unfair. But Rule of Law demands that laws respect justice and human dignity. Just having laws is not enough—what matters is how those laws serve equality and fairness.
Rule of Law in Daily Life
You benefit from this rule when police can’t arrest you without a reason. It protects you when schools or employers must treat everyone fairly. It ensures the government cannot seize property or cancel rights without a valid legal process. In every corner of life, this principle protects ordinary people from arbitrary action.
Conclusion
This rule is not just a legal term—it’s a guarantee that justice will prevail over power. It creates a shield for the weak, sets limits on the strong, and keeps society fair. For every CLAT aspirant, lawyer, and citizen, understanding and defending this principle is a duty as much as a right.
