What is Rule of Law?
The Rule of Law means that everyone is equal in the eyes of the law and no one is above the law, whether rich or poor, powerful or common. This concept was given by A.V. Dicey, a British jurist.
He explained three main points in the Rule of Law:
1. Absence of Arbitrary Power (No one can be punished without breaking the law)
👉 Meaning: No one can be punished just because a king, minister, or police officer "feels" like it. There must be a valid law and a reason.
Example:
If a police officer arrests a person, it must be because the person broke a law (like stealing), not because the officer is angry at him.
2. Equality Before Law (Same law for everyone, no special treatment)
👉 Meaning: Everyone, whether rich or poor, politician or common man, is treated equally under the law.
Example:
If a minister drives through a red signal, he should get the same punishment as a common man. The law does not allow any special privilege.
3. The Primacy of the Rights of the Individual (as per A.V. Dicey - British concept):
👉 It means that in a country, individual rights are more important than the government or the constitution itself.
👉 The Constitution is created later to protect those rights, but the rights of individuals already exist naturally and the courts protect those rights.
Example:
Imagine in a country, people already have the freedom to speak, own property, or move freely — even before any constitution was written.
👉 If the king or government tries to take away someone’s property unfairly, the court can stop the government and protect the person's rights.
👉 Here, the court protects the natural rights of people, not because it is written in any book (constitution), but because it is their right as a human.
British System (Dicey’s Idea):
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People had rights first.
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Courts protected those rights.
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Later, the constitution or laws were made based on those rights.
India’s System (Different):
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In India, we get our rights because the Constitution gives them (like Fundamental Rights).
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If something is not written in the Constitution, we don’t automatically have that right.
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Courts protect rights because they are written in the Constitution.
In Short:
✅ Primacy of Individual Rights means – "People’s rights are supreme, and the constitution is built to protect them."
❌ But in India – "The Constitution is supreme, and it gives rights to the people."
👉 In England, people's individual rights came first.
👉 The courts protected these rights even before there was a written constitution.
👉 Later, whatever rights people already had, became part of the system. So, courts gave power to the Constitution, not the other way around.
Example:
In England, if someone’s land was taken by the king unfairly, the court could stop it and protect the person’s right even without a written constitution.
But in India (this is NOT applicable):
👉 In India, the Constitution itself gives rights to the people.
👉 Rights like Right to Equality, Right to Freedom, etc., are written in the Constitution.
👉 Courts protect these rights because they are mentioned in the Constitution.
Example:
In India, if someone’s land is taken, they go to the court because the Constitution (Article 300A) gives them the right to property.
👉 Without the Constitution, that right doesn’t exist.
Simple Difference:
| England (Dicey’s Idea) | India |
|---|---|
| Rights came first | Constitution gives rights |
| Courts created the rules | Constitution created the rights |
| No written Constitution required | Rights are written in the Constitution |
✅ India follows only the first two points of Dicey’s Rule of Law.
✅ The third point (Primacy of individual rights) is not applicable because in India, the Constitution is the main source of rights.
What did the Supreme Court say?
The Supreme Court of India said that Rule of Law is a "basic feature" of the Constitution (Article 14 – Right to Equality).
👉 This means: Even the government or Parliament cannot change or remove it through any amendment.
In Simple Words:
Rule of Law = Law is Supreme, Not People
✔️ No one can misuse power.
✔️ Everyone is equal in front of the law.
✔️ Rights are protected by the Constitution.
Would you like it in Kannada or another example for more clarity?