DAMODARAM SANJIVAYYA NATIONAL LAW

UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
RULE OF LAW

SUBJECT
JURISPRUDENCE

NAME OF THE FACULTY

Mr. POOSARLA BAYOLA KIRAN

NAME OF THE STUDENT

RISHIK SAI V
20LLB096
SEMESTER - III

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 TABLE OF CONTENTS
ACKNOWLEDGEMENT 3
CERTIFICATE 4
ABSTRACT 5
INTRODUCTION 6
ORIGIN OF RULE OF LAW 10
CONCEPT OF RULE OF LAW 11
MEANING OF RULE OF LAW 11
CHALLENGES TO THE RULE OF LAW 12
POSTULATES OF RULE OF LAW 13
CONSTITUTIONAL PROVISION OF RULE OF LAW 14
CASE LAWS OF RULE OF LAW 14
CONCLUSION 15
BIBILOGRAPHY 15

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 ACKNOWLEDGEMENTS

I would sincerely like to put forward my heartfelt appreciation to our respected contracts
professor, Mr. POOSARLA BAYOLA KIRAN ma’am, for giving me a golden opportunity
to select this project topic: “Rule of Law”. I have tried my best to collect information about
the project in various possible ways to depict a clear picture of the subject.

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 CERTIFICATE

I, RISHIK SAI V, hereby declare that this project titled “Rule of Law” submitted by me is
an original work undertaken by me, I have duly acknowledged all the sources and references
from which ideas and extracts have been sourced. This project is free from plagiarism and
does not utilize any unfair means whatsoever.

(RISHIK SAI V)
20LLB096
Semester III

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 ABSTRACT

Preserving the difference between “rule of law” and “law for rule” is essential for
democracy.”

― Pawan Pandit
The matchless quality of the rule that everyone must follow over any remaining articles and
people is alluded to as rule of law. Rule of law has no exact definition, in spite of the fact that
A.V. Sketchy gave one dependent on three columns: the matchless quality of law, uniformity
under the steady gaze of the law, and the transcendence of the lawful soul. The customary
law court framework, which started in British statute, was embraced by India as rule of law.
The Indian legal executive has been basic in maintaining the nation's Rule of Law. The court
has taken on a valuable methodology in various decisions, guaranteeing that the Rule of Law
is executed in its actual soul by taking a unique point of view of the constitution's
arrangements.

The idea of rule of law is recorded in India's constitution. The preface and the decree of
India's freedom may be utilized to make determinations. Consistently, courts have utilized
legal activism to enlarge the scope of rule of law by establishing a flood of sacred revisions.
Regardless of many endeavours by the constitution's designers and the courts, India's
reception of the Rule of Law is a long way from great. Outdated laws and stuffed courts are
two issues that repress the law's powerful application. Therefore, key specialists like
parliament, the legal executive, the law commission, and others should make the vital stages
to ensure that the Rule of Law is appropriately carried out.

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 INTRODUCTION

“Rule of law is the grey area between the two extremes, viz. the moral norm of individual
liberty and state coercion. When it is at the former end, it is anarchy; when at the latter, it
is totalitarian repressive state. In the real world, every state operates somewhere between
these two extremes. Democracies have to place restrictions on individual liberty to prevent
a descent into anarchy; dictators have to provide a modicum of individual freedom to
prevent desperate rebellion.”

― R. N. Prasher

To see the value in the idea of rule of law, one should initially perceive that the state is
constrained by the law, not by the ruler or the delegates of individuals. Regardless of the way
that the expression "rule of law" isn't characterized in the Indian Constitution, the Indian legal
executive regularly use it in its decisions. The Supreme Court has decided that rule of law is a
center element of the Constitution that can't be changed, even by established correction. Rule
of law is typically viewed as an essential part of good administration. Individuals should be
administered by acknowledged standards rather than choices made discretionarily by power,
as per rule of law. It's basic to recall that the ideas you assemble ought to be expansive and
unique, notable and distinct, and generally pertinent. Constitutionalism is characterized by the
legitimate limitations set on the public authority. As indicated by the idea of
constitutionalism, government authority is partitioned, with one body making laws and
another authorizing them, and a free court guaranteeing that the laws are observed.

Objectives of the study –

1. To study the concept of rule of law

2. To explain and evaluate the objectives, nature of rule of law

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 3. To analyse the case laws and judicial pronouncement of rule of law
4. To study the postulates of rule of law

Scope of the study –

The research was limited to the notions proposed by many scholars from various schools of
jurisprudence, as well as the rule of law, with the majority of the attention focused on the
Indian Constitution.

Significance of the Study –

The goal of this research is to provide a thorough knowledge of the rule of law by studying
and analysing its nature and methods of operation from a new viewpoint - in light of legal
theoretical notions.

Research Questions –

1. In a democracy based on the rule of law, what is the core and genuine role of a
constitutional court?
2. Is there a role for 'judicial conscience' in jurisprudence?
3. Judicial Independence and Rule of Law

Literature Review –

❖ BOOKS – The researcher has gained invaluable knowledge and information about various
aspects of rule of law, as well as the subject of Jurisprudence by referring to particular parts
of the following books:

1. THE RULE OF LAW BY TOM BINGHAM

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The book is based on the legal concept of 'Rule of Law,' which refers to the use of legal or
legally recognized power. Despite the fact that its origins, history, and use have gotten little
attention, the phrase is commonly used today.

2. EQUAL CITIZENSHIP AND ITS LIMITS IN EU LAW: WE THE BURDEN? BY

PAIVI JOHANNA NEUVONEN

"By exploring what constitutes agency in EU law, the book rethinks the relationship between
EU citizenship and EU members' fundamental right to equal treatment." This study
demonstrates that recognizing EU nationals as full subjects of EU law and European
integration provides a fresh source of' meaningful relationships for the sake of equitable
treatment. The first and second chapters examine how the rule of law impacts ordinary
European citizens, as well as the benefits and limitations it may confer."

❖ ONLINE JOURNAL ARTICLES –

1. THE RULE OF LAW IN INDIA BY UPENDRA BAXI

The author points out how patrimonial liberal Rule of Law (ROL) discourse may neglect
other traditions. For starters, it eliminates any discussion of socialist ROL conceptions that
are normative. Second, it overlooks the existence of alternative ROL traditions, such as pre-
colonial, those impacted by the Old Empire's fight, and non-mimetic contributions made by
proud judiciaries in diverse "new civilizations."

2. POSITIVISM AND THE SEPERATION OF LAW AND MORALS BY H. L. A. HART

Professor Hart responds to several of the accusations levelled at the Positivist school of law
for insisting on discriminating between what is law and what should be law. Before getting
into the merits of the difference, he claims that the detractors have conflated it with other
Positivist legal doctrines that need to be criticized.

3. THE POLITICAL FOUNDATIONS OF DEMOCRACY AND THE RULE OF LAW BY

BARRY R. WEIGNAST

The research demonstrates that democratic stability is based on a self-enforcing equilibrium:

it must be in the political authority's best interests to follow democratic norms. Self-enforcing
state limits are a notion that provides light on a number of issues and hence acts as a

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foundation for integrating the literature. The paradigm has been used to a variety of issues,
such as democratic stability, plural societies, and elite pacts. The lessons are also applied to
the Glorious Revolution in England during the seventeenth century.

Research Design –

TITLE – RULE OF LAW

- This study delves into the notion of the rule of law.

CHAPTER 1 – INTRODUCTION

- This section of the paper discusses the relevance of the rule of law in a democracy and
provides an outline of the paper's structure.

CHAPTER 2 – ORIGIN OF RULE OF LAW

- This section of the paper discusses about the origin of the rule of law and A.D. Dicey
theory.

CHAPTER 3 – CONCEPT OF RULE OF LAW

- This section of the paper discusses the various concepts of the rule of law pronounced
by various analysts.

CHAPTER 4 – MEANING OF RULE OF LAW

- This section of the paper discusses the meaning of the rule of law.

CHAPTER 5 – CHALLENGES TO THE RULE OF LAW

- This section clearly discusses about the various challenges faced by the rule of law in
the judicial aspect.

CHAPTER 6 – POSTULATES OF RULE OF LAW

- This section demonstrates the postulates of rule of law analyzed by the A.D. Dicey.

CHAPTER 7 – CONSTITUTIONAL PROVISION OF RULE OF LAW

- This section discusses about the provision and articles that are enlightened in the
Indian Constitution about the Rule of law.

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CHAPTER 8 – CASE LAWS OF RULE OF LAW

- This section clearly cited with all the case laws pertaining to the concept of Rule of
law.

CHAPTER 9 – CONCLUSION

Research Methodology –

This study is a doctrinal study.

Type of Study –

The research is basic research, in which the approach taken is a combination of historical,

exploratory and analytical.

Sources referred to – The researcher has collected relevant information from both primary
and secondary sources.

❖ PRIMARY SOURCES –

- Case Laws/ Judicial Precedents – The researcher has studied the concept of rule of law by
reviewing the interpretation given by courts in various situations, from journals and online
databases such as Manupatra, Lexis Advance and SCC Online.

- Provisions of the Constitution of India.

- Statutory provisions – Relevant legislations have been cited.

❖ SECONDARY SOURCES –

- Books

- Online Journal Articles

- Websites and Blogs

Mode of Citation – The researcher has employed Oxford University Standard for the Citation

of Legal Authorities (OSCOLA), Fourth Edition.

ORIGIN OF RULE OF LAW

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The starting points of the Rule of Law can be followed back to the thirteenth century A.D.,
when Henry de Bracton, an adjudicator during Henry III's rule, expressed that the King ought
to be dependent upon God and law since it is the law that has made him King; nonetheless, he
didn't utilize the term Rule of Law, so Edward Coke is credited with begetting the saying
Rule of Law.

In his book "Prologue to the Study of the Law of the Constitution," distributed in 1885,
Professor A.V. Sketchy tried to characterize the idea of Rule of Law. Nobody might be
rebuffed or legally compelled to experience in body or products, as indicated by Dicey,
except if he submits a specific break of the law as chosen by the country's customary courts.
He said that the law should outweigh everything else and that the presidential branch ought
not be conceded wide optional powers since this might prompt intervention or power misuse,
which would abuse individuals' privileges.

CONCEPT OF RULE OF LAW

The expression "rule of law" is said to have been instituted by Sir Edward Coke, the Chief
Justice during James I's rule.

The idea of rule of law has a long and renowned history. Greek scholars, for example, Plato
and Aristotle questioned the idea of rule of law around 350 BC. "Where the law is dependent
upon another power and has none of its own," Plato expressed, "the state's breakdown isn't far
away," however "in case law is the expert of the public authority and the public authority is
its slave, then, at that point, the circumstance is brimming with guarantee and men partake in
every one of the endowments that the divine beings shower on a state," he added. "Law
should run incomparable, and individuals in places of power should serve the laws," Aristotle
said.

The expression "Rule of law" comes from the French expression "la principe de legalite,"
which signifies "legitimateness guideline," and alludes to an administration dependent on
lawful standards rather than individual sentiments. One of the significant thoughts of the
Constitution is rule of law, which is perceived in the two India and the United States.

The significance of rule of law couldn't possibly be more significant. Authoritative law is
established on way of thinking in each perspective. Aristotle's idea of rule of law depends on
the ideas of equity, reasonableness, and comprehensiveness. In managerial law, rule of law
right now includes a wide scope of fundamental components, like equity under the watchful

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eye of the law, equivalent treatment for the public authority, legal executive autonomy,
consistency, receptiveness, and responsibility.

MEANING OF RULE OF LAW

To put it another way, rule of law demonstrates that nobody is exempt from the rules that
everyone else follows and that everybody is dependent upon the locale of typical official
courtrooms, paying little mind to their position or status.

The term 'rule of law,' authored in England, has acquired notoriety in India. Nobody ought to
be exposed to self-assertive or extreme treatment, as per the idea of rule of law. The term
'rule of law' alludes to the possibility that law, rather than a man or ruler, is responsible for
overseeing an individual or a local area. To put it another way, rule of law alludes to the
meaning of the law of the country in Article 13 of the Indian Constitution.

As indicated by Black's Law Dictionary, "rule of law" is characterized as "lawful standards of

day-by-day application, perceived by administering associations or specialists, and explained
as intelligent premises."

The Oxford Advance Learner's Dictionary characterizes "rule of law" as a circumstance

where the law oversees the two residents and the state.

CHALLENGES TO THE RULE OF LAW

Any individual who accepts that placing the ideal individuals in power is more fundamental
than controlling power in governmental issues questions the viability of rule of law. Any
individual who accepts that administration foundations are genuinely weapons of the decision
class and ought to be destroyed rather than limited would clash. In most of current majority
rule nations, rule of law, which keeps the two rulers and managed responsible to the law, is
evidently acceptable. Certainly, in the present society, the liberal practice stresses rule of law
the most. Nonconformists worried about attempts to protect (and acknowledge) freedom in
some frame and forestall dangers to it consider rule of law as an all-encompassing wellspring
of safety. Indeed, even among dissidents, there is conflict on what establishes a legitimate
utilization of the expression and how it ought to be utilized after that.

Rule of law is an intense idea to get a handle on all alone, and surprisingly harder to try.
Thus, there's motivation to question if anything named with the term is useful for society. At
the point when the court's freedom is used to advance legal work force's sectoral benefits or

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to permit uncontested translations of the law, for instance, it is obviously an issue. A fixation
on rule of law's proper components, like procedural decency, may divert consideration away
from the laws' substance and results. Pundits of a totally formal origination of rule of law
accept that zeroing in a lot on the lawful cycle prompts serious indecencies such exorbitant
legalism and a hatred for the political or genuine parts of lawful issues. If the authority order
of "visual impairment" loans authenticity to exercises completed "as indicated by the law" in
any event, when most of individuals go against them, it might block objective cultural
examinations of an approach proposition's benefits. Moreover, a few essayists have
guaranteed that courts and lawyers' rising authority indeed, their interruption into regions
generally assigned for government officials and the electorate means that much that is
strategically and equitably huge is lost.

To put it another way, putting an excess of accentuation on processes to keep away from
mediation may disable the organization of equity in similarity with rule of law, and lawful
injuries can turn into a sort of unlawful discretion. The people who guard rule of law's
contrary worth, then again, contend that more considerable understandings of the ideal take
steps to strip the idea of its particularity and pertinence. They fight that characterizing "rule
of law" to incorporate a wide scope of arbitrary contemplations in regards to considerable
equity and more extensive social purposes conflates "rule of law" with "the standard of good
law," annihilating any differentiation between the two. Therefore, no investigation of rule of
law would be finished without a philosophical assessment of the law, including its motivation
and which means.

POSTULATES OF RULE OF LAW

A.V. Dicey proposed perhaps the most notable and broadly acknowledged theory. His book,
'The Law of the Constitution,' promoted the idea. He trusted that "administration ought to be
established on standards of law, not men," and he showed this by spreading out the three
essential mainstays of organization. Some of them are as per the following:

- Legal Supremacy: A country's lawful position and extreme power. Everybody is

administered by the law, including the individuals who make and execute it. Uncertain fights
that in case circumspection is allowed, discretion will result. As a result, it was decided that a
court's choice should be followed the nation over, and that nobody has the position to change
the law all alone.

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- -Equality Before the Law: This alludes to how the law ought to be applied reasonably
and similarly. In a courtroom, everybody, paying little heed to position or rank, ought to be
exposed to similar laws and systems. He expressed, "Any authority, from the Prime Minister
down to a constable or a duty gatherer, has similar obligations as some other resident for any
conduct managed without lawful premise."

- Legal Spirit Predominance: According to Dicey, basically taking on the two standards
portrayed above would be inadequate, and the law would should be executed. He accepted
that the wellspring of this authority was the courts. He required an unbiased and free legal
executive, which he accepts is basic to the foundation of the Rule of Law.

CONSTITUTIONAL PROVISION

The Upanishads of India contain the idea of rule of law. It's referenced in the Mahabharata
and Ramayana, just as the Ten Commandments, Dharma Chakra, and other significant texts.
In this day and age, there are no drafts that transparently go against or perceive the Rule of
Law. Rule of law as it is polished in India is cherished in a few segments of the Constitution.
Not exclusively were the composers of our Constitution mindful of Dicey's Rule of Law
hypothesizes, however they were additionally perceptive of what British India's exercises
meant for them. The Indian Constitution is the nation's principal guideline, from which any
remaining laws get their position, exposing any remaining laws to it and maintaining the
Indian Constitution's Rule of Law standards. Moreover, Article 13(1) states that each law
endorsed by the assembly should be sacred, or it would be administered illegal. Therefore,
every piece of enactment passed should satisfy the arrangements of the Constitution. Equity,
freedom, and balance are undeniable attributes of a fair and reasonable society in which
everybody is dealt with similarly paying little mind to financial standing, and they are
cherished in our constitution's Preamble. Sketchy's meaning of fairness under the watchful
eye of the law is remembered for Article 14 of the Indian Constitution, which traces the ideas
of balance under the steady gaze of the law and equivalent security under the law. The right
to life and individual freedom, which is an essential basic liberty, is additionally ensured by
the constitution.

CASE LAWS:

1. Shivkant Shukla v. ADM Jabalpur: This case is also known as the "Habeas Corpus
case." This is one of the most important instances in terms of the rule of law. Apart

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 from Article 21 of the Indian Constitution, the Hon'ble Court had to decide if India
has any rule of law. It happened as part of the state of emergency declaration, which
postponed the implementation of Articles 14, 21, and 22.
2. Som Raj v. State of Haryana: In this case, it was determined that the absence of
arbitrary authority is the foundation of the rule of law, upon which the entire
constitutional architecture is built.
3. Union of India v. Raghubir Singh: In this case, the court concluded that the decisions
of higher courts have a major impact on people's lives and control the state function.
4. The Supreme Court stated in Punjab Chief Settlement Commissioner v. Om Prakash,
"The central and most characteristic feature of our constitutional system is the concept
of rule of law, which means, in the present context, the authority of law courts to test
all administrative action by the standard of legality." If the aggrieved person brings
the issue to the court's notice, any administrative or executive action that does not
meet the requirements will be overturned."
5. Keshvananda Bharti v. State of Kerela: The Supreme Court defined the rule of law to
be one of the most essential components of the basic structure concept in this
judgement.
6. Maneka Gandhi v. Union of India: In this case, the Supreme Court declared that
arbitrariness is prohibited under Article 14.
7. "If the rule of law is to be preserved as the essence of democracy, of which election
purity is a necessary concomitant," the ration stated, "it is the duty of the courts to
appreciate the evidence and construe the law in a manner that would subserve this
higher purpose and not even imperceptibly facilitate acceptance, much less
affirmation, of the falling electoral standards." For democracy to survive, the rule of
law must prevail, and the finest available persons must be chosen as people's
representatives to preserve the country's excellent governance. This is best done by
people with strong moral and ethical values who win elections based on a positive
vote earned on their own merit rather than a negative vote won through an elimination
process based on the candidates' relative characteristics."
8. "Thus, it is clear that adherence to the rule of equality in public employment is a basic
feature of our Constitution, and since the rule of law is the core of our Constitution, a
court would certainly be disabled from passing an order upholding a violation of
Article 14 or ordering the overlooking of the need to comply with the requirements of

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 Article 14 read with Article 16 of the Constitution," a Constitution Benefactor wrote
in Umadevi v. Secretary, State of Karnataka and Others.

CONCLUSION

Legal supremacy is the goal, and the rule of law is the best vehicle for achieving that goal,
according to the preceding explanation. When it comes to the rule of law and people's human
rights, the court makes some efforts as well. The court is working on a plan to force the
government to not only follow the law, but also to create conditions in which people's talents
may be developed so that they can use their rights properly and meaningfully.

In Indian civilization, the rule of law has not yielded the anticipated results. The provision of
new channels for seeking remedies for human rights violations through the filing of PIL
petitions is one example of how our court has preserved the rule of law and won justice.

Sir Edward Coke, the Chief Justice of King James I's reign, was the father of this theory,
which maintained that the King should be subservient to God and the law, as well as the
supremacy of the law over the executive and that there is nothing higher than the law.

BIBILOGRAPHY

1. THE RULE OF LAW IN INDIA BY UPENDRA BAXI

2. THE RULE OF LAW BY TOM BINGHAM

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