Rule of Law
Rule of Law doctrine, A.V. Dicey principles, Rule of Law in Indian Constitution
Learning Content
โ๏ธ Rule of Law - Rule of Law
All are equally subject to the law - no one is above the law
๐ Rule of Law - Basic Concept SVG
๐ A.V. Dicey's 3 Principles - Detailed
| # | Principle | Meaning | Tamil |
|---|---|---|---|
| 1 | Supremacy of Law | No arbitrary power; Punishment only for breach of law proved in court | Rule of law |
| 2 | Equality before Law | All persons are equal; Same law for all; No special courts | Equality before law |
| 3 | Predominance of Legal Spirit | Constitution is outcome of rights of individuals as defined by courts | Supremacy of legal sense |
๐ Rule of Law in Indian Constitution
| Article | Provision | Connection to Rule of Law |
|---|---|---|
| Art. 13 | Laws inconsistent with FR void | Supremacy of Constitution |
| Art.14 | Equality before Law | Dicey's 2nd Principle |
| Art. 21 | Right to Life & Liberty | Due process protection |
| Art. 22 | Protection against arrest | Safeguard against arbitrary action |
| Art. 32 | Right to Constitutional Remedies | Access to Courts |
| Art. 226 | HC Writ Jurisdiction | Judicial Review |
โ ๏ธ Rule of Law - Exceptions & Criticisms
Exceptions to the rule of law in India
๐ Exceptions to Rule of Law - SVG
๐ Exceptions in India - Detailed Table
| Category | Article/Act | Type of Immunity |
|---|---|---|
| President & Governor | Art.361 | Complete immunity during term - Criminal & Civil |
| MPs & MLAs | Art.105, 194 | Parliamentary Privileges - Speech immunity |
| Judges | Judicial Conduct | Cannot be sued for judicial acts |
| Foreign Diplomats | Vienna Convention | Diplomatic Immunity - Cannot be arrested |
| Armed Forces | AFSPA, Army Act | Special protection in disturbed areas |
| Public Servants | Sec.197 CrPC | Prior sanction needed for prosecution |
โ๏ธ Landmark Cases on Rule of Law
| Case | Year | Ruling |
|---|---|---|
| ADM Jabalpur v. Shivkant Shukla | 1976 | Rule of Law suspended during Emergency (Later overruled) |
| Maneka Gandhi v. UOI | 1978 | Due Process is part of Rule of Law - Art.21 expanded |
| Kesavananda Bharati | 1973 | Rule of Law is part of Basic Structure |
| Indira Gandhi v. Raj Narain | 1975 | Rule of Law cannot be abrogated even during Emergency |
| Chief Justice of AP v. L.V.A. Dixitulu | 1979 | Rule of Law means law must rule |
๐ Rule of Law vs Rule by Law
Both are different - one is justice, the other is power
๐ Rule of Law vs Rule by Law - SVG
๐ Comparison Table
| Aspect | Rule OF Law โ | Rule BY Law โ |
|---|---|---|
| Nature | Law controls the government | Government controls through law |
| Purpose | Protect citizens | Control citizens |
| Laws Must Be | Just, Fair, Reasonable | Any law - just or unjust |
| Equality | Equal for all | Different for different people |
| Judiciary | Independent | Controlled by State |
| Human Rights | Protected | Violated |
| Democracy | Essential feature | Not necessary |
| Accountability | Government accountable | No accountability |
๐ Natural Law vs Positive Law
| Aspect | Natural Law | Positive Law |
|---|---|---|
| Source | Nature, Reason, Morality | State, Legislature |
| Basis | Universal principles of justice | Enacted by authority |
| Validity | Inherent - exists always | Valid only when enacted |
| Character | Unwritten, universal | Written, particular to country |
| Example | Right to Life, Liberty | Indian Penal Code, CrPC |
๐ Rule of Law - Global Concepts
| Country | Concept | Meaning |
|---|---|---|
| UK | Rule of Law (Dicey) | Supremacy of Law, Equality, Legal Spirit |
| USA | Due Process of Law | 5th & 14th Amendment protection |
| France | Droit Administratif | Separate Administrative Courts |
| Germany | Rechtsstaat | Constitutional State |
| India | Rule of Law + DPSP | Constitutional morality with social justice |
๐ง Rule of Law - Memory Tricks & Shortcuts
Easy to remember for TNPSC Exam
๐ Memory Formula - SVG
๐ข Quick Memory Formulas
| S.E.P | Supremacy, Equality, Predominance - Dicey's 3 Principles |
| DICEY = 1885 | Remember: 18+85 = 103 (Important exam year!) |
| PGMDF | President, Governor, MPs, Diplomats, Forces = Exceptions |
| Art.14 = E | 14th Article = Equality = Dicey's "E" |
| OF vs BY | Rule OF Law = Good โ | Rule BY Law = Bad โ |
| Basic Structure | Rule of Law is Basic Structure (Kesavananda 1973) |
๐ TNPSC Expected Questions
| # | Question Type | Quick Answer |
|---|---|---|
| 1 | Who Propounded Rule of Law? | A.V. Dicey |
| 2 | Which book introduced Rule of Law? | Introduction to Study of Law of Constitution (1885) |
| 3 | How many principles of Dicey? | 3 (SEP) |
| 4 | Which Article embodies Dicey's 2nd principle? | Art.14 |
| 5 | Which Article provides immunity to President? | Art.361 |
| 6 | Is Rule of Law part of Basic Structure? | Yes (Kesavananda 1973) |
| 7 | Which case expanded Art.21 with Due Process? | Maneka Gandhi 1978 |
| 8 | France's administrative law concept? | Droit Administratif |
| 9 | Germany's Rule of Law concept? | Rechtsstaat |
| 10 | What is "Rule by Law"? | State uses law as tool to control citizens |
๐ฏ One-Liner Summary
| "No one is above the Law" - Core of Rule of Law | |
| Father | A.V. Dicey (1885) |
| 3 Principles | SEP - Supremacy, Equality, Predominance |
| Indian Article | Art.14 (Equality) = Dicey's 2nd Principle |
| Exception Article | Art.361 (President & Governor immunity) |
| Basic Structure | Yes - Cannot be amended away |
General Studies
All Parts
General Science
Nature of matter, physics, mechanics, electricity, magnetism...
Current events
Collection of Recent Events, National Symbols โ Details of S...
Geography
Topography โ Natural Formations โ Monsoon, Rainfall, Weather...
History and Culture of India
Indus Valley Civilization โ Guptas, Delhi Sultans, Mughals a...
Constitution of India
Constitution of India โ Preamble to Constitution โ Main Obje...
Indian Economy
Nature of Indian Economy โ Five Year Plans โ A Maturity โ Pl...
Indian National Movement
National Revival, Indian National Congress, BR Ambedkar, Bha...
History, Culture, Tradition and Socio-Political Movements of Tamil Nadu
Tamil Community History, Thirukkural, Various Reformers, Ref...
Development Administration in Tamil Nadu
Social justice and social harmony, education and welfare sys...
Competence and mental intelligence
Compression โ Percent โ โโGreater Common Factor โ Greater Co...