Rule of law Tnpsc Samacheer Notes

Source and Origin

• Source of the Indian Provision: The “Rule of Law” is a feature borrowed into the Indian Constitution from the British Constitution.
• Originator: The concept of “Rule of Law” was propounded by the British jurist A.V. Dicey.
• Constitutional Connection: The concept of “equality before law” (contained in Article 14) is an element of Dicey’s concept of “Rule of Law”.

The Three Elements / Aspects of A.V. Dicey’s Concept

1. Absence of arbitrary power: No man can be punished except for a breach of law.
2. Equality before the law: Equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.
   • Dicey’s observation: “No man is above the law, but every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Every official from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”.
3. Primacy of the rights of the individual: The constitution is the result of the rights of the individual as defined and enforced by the courts of law, rather than the constitution being the source of the individual rights.

Application of the Three Elements to the Indian System

• Elements Applicable: The first and the second elements of Dicey’s concept are applicable to the Indian System.
• Element Not Applicable: The third element is not applicable to the Indian System.
• Reason: In the Indian System, the constitution is the source of the individual rights.

Constitutional Status and Basic Structure

• Embodiment: The “Rule of Law” is embodied in Article 14 of the Indian Constitution.
• Basic Feature: The Supreme Court held that the “Rule of Law” as embodied in Article 14 is a “basic feature” of the Constitution.
• Indestructibility: Because it is a basic feature, it cannot be destroyed even by a constitutional amendment.
• Democratic Manifestation: Along with universal adult franchise, periodic elections, independence of judiciary, and absence of discrimination on certain grounds, the Rule of Law is a manifestation of the democratic character of the Indian polity.
• Facilitated by Fundamental Rights: Fundamental Rights facilitate the establishment of the rule of law in the country.

Exceptions to Equality / Rule of Law

The rule of equality before law is not absolute and is subject to constitutional and other exceptions:

1. President of India and Governors of States (Article 361):
   • Not answerable to any court for the exercise and performance of the powers and duties of their office.
   • No criminal proceedings shall be instituted or continued against them in any court during their term of office.
   • No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during their term of office.
   • No civil proceedings in respect of any act done in personal capacity (before or after entering office) shall be instituted in any court during the term of office until the expiration of two months next after written notice has been delivered.
2. Press / Media Immunity (Article 361-A): No person is liable to civil or criminal proceedings in any court for publishing a substantially true report of proceedings of either House of Parliament or a State Legislature in a newspaper, radio, or television.
3. Members of Parliament (Article 105): No MP is liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.
4. Members of State Legislatures (Article 194): No MLA/MLC is liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof.
5. Article 31-C Exception: Laws made by the State for implementing Directive Principles contained in Article 39(b) or Article 39(c) cannot be challenged on the ground that they violate Article 14. The Supreme Court observed that “where Article 31-C comes in, Article 14 goes out”.
6. Foreign Sovereigns, Ambassadors, and Diplomats: Enjoy immunity from criminal and civil proceedings.
7. United Nations Organisation (UNO) and its Agencies: Enjoy diplomatic immunity.