Topic

Rule of Law

Rule of Law doctrine, A.V. Dicey principles, Rule of Law in Indian Constitution

Learning Content

โš–๏ธ Rule of Law - Rule of Law

All are equally subject to the law - no one is above the law

๐Ÿ“Š Rule of Law - Basic Concept SVG
โš–๏ธ Rule of Law - The rule of law "No one is above the law" "No one is above the law" ๐Ÿ›๏ธ Origin A.V. Dicey (1885) Book: "Introduction to the "Study of Law of Constitution" ๐Ÿ’ก Core Idea Government by Law, Not by Men (Rule of Law โ‰  Rule of Man) ๐ŸŒ Application UK, USA, India All Democratic Countries Part of Basic Structure ๐Ÿ“œ Dicey's 3 Principles of Rule of Law 1๏ธโƒฃ Supremacy of Law โ€ข Absence of Arbitrary Power โ€ข No punishment except for breach of law โ€ข Courts determine guilt 2๏ธโƒฃ Equality before Law โ€ข Equal subjection of all โ€ข Same courts for all โ€ข No special privileges โ€ข PM to common man - Same law 3๏ธโƒฃ Predominance of Legal Spirit โ€ข Constitution is the result of judicial decisions โ€ข Rights from court judgments
๐Ÿ“‹ 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
๐Ÿ“œ 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

โš ๏ธ Rule of Law - Exceptions & Criticisms

Exceptions to the rule of law in India

๐Ÿ“Š Exceptions to Rule of Law - SVG
โš ๏ธ Exceptions to Rule of Law in India ๐Ÿ›๏ธ President (Art.361) โ€ข Not answerable to any court โ€ข No criminal proceedings โ€ข Civil: 2 months notice required โ€ข Cannot be arrested/imprisoned ๐Ÿ‘” Governor (Art.361) โ€ข Same protection as President โ€ข No criminal proceedings โ€ข Civil: 2 months notice โ€ข During term of office only ๐Ÿข MPs/MLAs (Art.105,194) โ€ข Parliamentary Privileges โ€ข Freedom of speech in the House โ€ข Immunity from proceedings โ€ข Cannot be sued for votes ๐ŸŒ Foreign Diplomats โ€ข Diplomatic Immunity โ€ข Vienna Convention 1961 โ€ข Cannot be arrested โ€ข Personal inviolability ๐Ÿ‡บ๐Ÿ‡ณ UN Personnel โ€ข UN Immunity โ€ข International obligations โ€ข Functional immunity โ€ข Official acts protected ๐ŸŽ–๏ธ Armed Forces โ€ข Special Acts (Army Act) โ€ข Court martial system โ€ข AFSPA areas protection โ€ข Separate tribunals ๐Ÿ“ Criticisms of Dicey's Theory Why Dicey's Theory is Criticized 1. Administrative Tribunals exist (Droit Administratif) 2. Discretionary powers of Executive accepted 3. Complete equality impossible (Affirmative Action) 4. Many immunities exist (President, Diplomats) Modern Rule of Law Includes 1. Judicial Review of executive action 2. Independent Judiciary 3. Fair & transparent procedures 4. Human Rights protection
๐Ÿ“‹ 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
โš–๏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

๐Ÿ“Š Rule of Law vs Rule by Law

Both are different - one is justice, the other is power

๐Ÿ“Š Rule of Law vs Rule by Law - SVG
โš–๏ธ Rule OF Law vs Rule BY Law โœ… Rule of Law (Rule of Law) ๐Ÿ“Œ Law is Supreme - not individuals ๐Ÿ“Œ Government Limited by law ๐Ÿ“Œ Laws must be JUST & FAIR ๐Ÿ“Œ Equal application to all ๐Ÿ“Œ Independent Judiciary ๐Ÿ“Œ Protects Human Rights ๐Ÿ“Œ Transparent procedures ๐Ÿ“Œ Citizens can challenge govt Examples: India, UK, USA, Canada, Australia (Democratic Countries) VS โŒ Rule BY Law (rule by law) ๐Ÿ“Œ State uses law as TOOL ๐Ÿ“Œ Government NOT limited ๐Ÿ“Œ Laws can be UNJUST ๐Ÿ“Œ Unequal application - Selective ๐Ÿ“Œ Controlled Judiciary ๐Ÿ“Œ Suppresses Human Rights ๐Ÿ“Œ Opaque procedures ๐Ÿ“Œ Citizens cannot challenge Examples: Nazi Germany, Colonial Rule (Authoritarian Regimes)
๐Ÿ“Š Comparison Table
Aspect Rule OF Law โœ… Rule BY Law โŒ
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
๐Ÿ“‹ 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
๐ŸŒ 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

๐Ÿง  Rule of Law - Memory Tricks & Shortcuts

Easy to remember for TNPSC Exam

๐Ÿ“Š Memory Formula - SVG
๐Ÿง  Rule of Law - Memory Tricks S.E.P = Dicey's 3 Principles Supremacy | Equality | Predominance S = Supremacy Rule of law No Arbitrary Power E = Equality Equal before the law Art.14 = Dicey's E P = Predominance Legal sense prevails Courts Define Rights A.V. DICEY = 1885 Book: Introduction to Study of Law of Constitution PGMDF = Exceptions President Governor MPs Diplomats | Forces Article Links to Rule of Law Art.13 = Judicial Review Art.14 = Equality | Art.21 = Life & Liberty Art.22 = Arrest Protection | Art.32/226 = Writs | Art.361 = Exceptions
๐Ÿ”ข 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 โœ… | Rule BY Law = Bad โŒ
Basic Structure Rule of Law is Basic Structure (Kesavananda 1973)
๐Ÿ“‹ 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
๐ŸŽฏ 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
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