The credit
for coining the expression ‘rule of law’ is usually given to Professor A.V.
Dicey, who used this expression in his book- ‘An introduction to the study of
the law of the Constitution, published in 1885.’ There have been various
schools of thought in regards to the coining of the expression. According to
one of the authors the idea of ‘rule of law’ can be traced back to Aristotle
whose one of the passages when literally translated says, ‘It is better for the
law to rule than one of the citizens.’ The term Rule of Law is an important
term which needs to be understood so that each individual in the society knows
that it is the law that rules us all irrespective of who you are. In simple
words Rule of Law means that no one is above the law. It is only law which is
supreme.
While some
ascribe the concept of ‘rule of law’ to Sir Edward Coke who once remarked that
the King must be under God and law. Once upon a time the existence of the Latin
maxim- ‘Rex Non Potest Peccare’ which means ‘The King can do no wrong’ was
widely seen and regarded true in the past. This maxim has time and again proved
to be an illusion because as righty said by Lord Acton, ‘Power tends to corrupt and absolute power corrupts
absolutely. Great men are almost always bad men, even when they exercise
influence and not authority.’
The legal maxims are short well-known sayings that state a general
truth. You must have heard proverbs such as time and tide wait for no man,
honesty is the best policy etc. similarly legal maxims are short well-known
sayings by the Roman Judges which form the pillars on which the entire legal
system stands.
There is no apt definition for the expression ‘rule of
law’ because of the heterogeneous society that we all are a part of. History
has witnessed the worst rulers with their worst cruelty, ruthlessness,
brutality and inhumanity. Thus, the expression ‘rule of law’ cannot be confined
in the form of any definition but can be considered as an inclusive expression
where each time the expression has acquired different meaning and understanding
with changing times, democracies, rulers, monarchs etc. based on practicality.
Though the expression has been defined by various writers and thinkers but from
the international perspective with different customs, culture, religions,
languages and diversity across the globe; the interpretation of the term ‘rule
of law’ would surely differ.
The concept
of ‘rule of law’ was discovered even before A.V. Dicey propounded it to be
fundamental principle of the English legal system but the very essence of rule
of law that was not expounded was what A.V. Dicey put forth through the three
main inter-related concepts. These concepts got a worldwide recognition and
were accepted due to the better and further enlightenment on the expression of the
term rule of law.
Albert Venn
Dicey was a British Jurist and Constitutional theorist who attributed the following
meaning to the expression ‘rule of law’ namely:
a) The Supremacy
of the law
b) Equality
before the law
c) Predominance
of the legal spirit
According to
Dicey in many countries, rights such as right to personal liberty, freedom from
arrest, freedom to hold public meetings are guaranteed by a written
Constitution whereas England does not have a written Constitution. According to
Dicey it is the law courts that should be the guarantors and protectors of the
liberty of the citizens. Dicey suggested that the rights of the individuals
would be secured more adequately if they were enforceable in the courts of law
than by mere declaration of those rights in a document.
A.V. Dicey
brought out the essence of law in an excellent manner but from the practical
point of view the arbitrary and unfettered discretion of the higher authorities
or government is not similar. Where one is refrained from being arbitrary by
the rule of law there is always unfettered discretion bestowed upon them
in-order to administer the law in a better manner. Humongous misuse of such
discretion is an ingrained part of every society.
The Constitution
of India is the supreme law of the land. It is based on the rule of law. The
Constitution of India along with the people of India can never accept that the
King can do no wrong. Plato wrote: “Where the
law is subject to some other authority and has none of its own, the collapse of
the state, in my view, is not far off; but if law is the master of the
government and the government is its slave, then the situation is full of
promise and men enjoy all the blessings that the gods shower on a state”.
Likewise, Aristotle also endorsed the concept of Rule of law by writing that
“law should govern and those in power should be servants of the laws.”
Article 14, Article 19 and Article 21 of the
Constitution of India are known as the golden triangle. These are the three
Fundamental Rights which are of prime importance and which breathe vitality
into the rule of law. Maximum of the cases for adjudication revolve around
these three Articles. The Constitution of India is supreme and the legislature,
executive and the judiciary are all subject to the Constitution. In a
democratic set up of India it is the rule of law which protects the rights and
liberties of the citizens. This concept empowers each and every one of us.
Thus, it is important for us all to understand the
term ‘Rule of Law’. Every power is like a trust which is to be used effectively
and efficiently. Law needs to be understood and not just learnt. The Rule of
Law not just makes the citizens and various institutions accountable but also
the law makers are made accountable. Thus, a deeper understanding of this
concept can help each and every one of us to understand the rights, liberties
and accountability that we have when we are in the society. It has been rightly
said by Justice Isaac, ‘We must be ultimately right though not consistently and
persistently wrong.’
