Rule of Law: Meaning, Definition, and
Development
🔷 Meaning of Rule of Law
The Rule of Law is a fundamental concept in democratic societies that asserts:
“Law should govern a nation, not arbitrary decisions by individual government officials.”
It ensures that everyone is equal before the law, and that laws are applied fairly and
consistently, protecting citizens against the misuse of power.
🔹 Definition of Rule of Law
Though not defined in a single statute, the Rule of Law has been explained by legal thinkers and
courts.
� A.V. Dicey’s Definition (1885)
British jurist A.V. Dicey gave the classic definition in his book "Introduction to the Study of the
Law of the Constitution". He laid down three principles:
1. Supremacy of Law
o No one can be punished except for a clear breach of law.
o No arbitrary power by the executive.
2. Equality Before the Law
o All individuals are subject to the same laws and courts—regardless of status,
rank, or position.
3. Predominance of Legal Spirit (Constitutional Protection)
o Rights of individuals are protected by judicial decisions, not just by written laws.
Indian Perspective (Supreme Court)
The Supreme Court of India has held that Rule of Law is a basic feature of the Constitution
(Kesavananda Bharati case, 1973).
🔹 Development of the Rule of Law
✅ 1. Ancient Foundations
The concept existed in ancient civilizations like India and Greece.
In ancient India, kings were said to be bound by Dharma (law and morality).
✅ 2. British Legal System
In England, the Rule of Law developed as a check on the monarchy.
Key developments:
o Magna Carta (1215): Limited the king’s power.
o Petition of Right (1628) and Bill of Rights (1689): Ensured parliamentary
supremacy and individual rights.
✅ 3. Dicey's Contribution (1885)
Formalized the concept in modern constitutional theory.
✅ 4. Post–World War II Development
Emerged as a global standard for governance.
Incorporated into UN Charter, Universal Declaration of Human Rights (1948), and
international law.
✅ 5. Indian Constitutional Framework
The Preamble reflects the Rule of Law through words like justice, liberty, and equality.
Article 14: Equality before law.
Article 21: Right to life and personal liberty, which is protected by due process.
Judiciary acts as guardian of the Rule of Law.
🔹 Significance of Rule of Law
Prevents arbitrary governance
Protects individual rights
Upholds democracy and constitutionalism
Ensures accountability of public officials
Promotes fairness and justice in society
🔹 Challenges to Rule of Law in Practice
Political interference in judiciary or investigation
Arbitrary use of executive powers (e.g., preventive detention)
Delay in justice (due to case backlog)
Corruption in public institutions
✅ Conclusion
The Rule of Law is the backbone of a constitutional democracy. It ensures that law is above
all individuals, including those in power. Its development from ancient to modern times has
shaped just and fair legal systems. In India, it is not only a constitutional principle but a
fundamental value that protects liberty, equality, and justice for all citizens.
