Answer:

Introduction:

The concept of the Rule of Law is a foundational principle of the English Constitution, deeply ingrained in legal systems worldwide, including the United States and India. Originated by Chief Justice Edward Coke during King James I’s reign, it was later developed by A.V. Dicey in his seminal work, “The Law and the Constitution,” published in 1885.

Body:

Dicey’s doctrine articulates three primary meanings of the Rule of Law:

• Supremacy of Law: It signifies the absolute supremacy or predominance of regular law over arbitrary power. It ensures that no person can be punished or made to suffer except by the due process of law and for a breach of law established in the ordinary legal manner before the ordinary courts of the land.
• Equality before Law: According to Dicey, this aspect demands equal subjection of all classes to the ordinary law of the land as administered by the ordinary law courts. He viewed the exemption of civil servants from the jurisdiction of ordinary courts and their entitlement to special tribunals as a negation of equality.
• Judge-made Constitution: In this context, Dicey emphasized the role of judicial decisions in concrete cases that have actually arisen between parties, particularly in England, where many rights are the result of such decisions rather than a written Constitution.

In the Indian Constitution, the Rule of Law is exemplified in the Preamble and further enshrined in Part III, making it enforceable. All branches of government – Judiciary, Legislature, and Executive – are subordinate to the Constitution and must act according to its provisions. The doctrine of judicial review, allowing subjects to approach the High Courts and Supreme Court for the enforcement of fundamental rights, is a key component of the Rule of Law in India.

However, maintaining the Rule of Law in modern India faces significant challenges:

• Judicial Review: In landmark cases like L Chandra Kumar v. Union of India (1973) and DC Wadhwa v State of Bihar (1987), the Supreme Court underscored judicial review’s role in upholding the Rule of Law, emphasizing its importance in testing administrative actions and legislative constitutionality.
• Protection of Individual Liberties: The Indian Constitution, particularly in Part 3, safeguards individual liberties, crucial for upholding the Rule of Law. The writ of habeas corpus, for example, is essential for challenging unlawful detentions.
• Codification of Rule of Law: Modern interpretations of the Rule of Law in India can be condensed into three phrases: Legal Supremacy, Legal Equality, and Legal Certainty. These principles assert that society should be governed by rules and regulations rather than arbitrary power, ensuring that laws apply equally to all and are clear, accessible, and predictable.

Despite these structures, challenges persist. The frequent use of ordinance-making power as a legislative substitute by state governments, as criticized in DC Wadhwa v State of Bihar, exemplifies these challenges. Additionally, issues like delays in the judiciary, the complexity of legal procedures, and the occasional overreach of executive powers pose risks to the Rule of Law in India.

Conclusion:

While the Rule of Law is a cornerstone of India’s constitutional democracy, ensuring its effective application requires constant vigilance and reform. This involves maintaining a balance between state powers and individual rights, ensuring judicial efficiency and transparency, and adapting legal frameworks to modern challenges​.

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