What do you mean by the term 'Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, be you ever so high, the law is above you'. Discuss with the help of decided cases.

Defining the Rule of Law

The Rule of Law, in its simplest form, means that no one is above the law. It implies equality before the law and the absence of arbitrary power. However, the concept has broader implications including:

• Predictability and Certainty: Laws should be clear, accessible, and consistently applied.
• Fairness and Impartiality: Laws should be applied equally to all, without bias or discrimination.
• Accountability: Government officials and institutions are accountable for their actions under the law.
• Due Process: Legal proceedings must be fair and transparent, respecting individual rights.

Dicey’s Doctrine of the Rule of Law

A.V. Dicey, in his ‘Introduction to the Study of the Law of the Constitution’ (1885), articulated three core principles of the Rule of Law:

1. Supremacy of Law: The rule of law means everyone is equal before the law, and no one is above it.
2. Equality before the Law: Individuals are subject to the same laws as government officials. This meant that the state could not act arbitrarily; its actions must be authorized by law.
3. The Absence of Arbitrary Power: Dicey argued that in England, there was no arbitrary power because all actions of the government were subject to judicial review.

Dicey's core tenet, "Be you ever so high, the law is above you," emphasized the limitations on even the most powerful individuals and institutions. This was a significant departure from the historical context of feudalism where rulers were often considered above the law.

Critique of Dicey’s Doctrine

While influential, Dicey's doctrine has faced criticism:

• Oversimplification: Critics argue that Dicey's understanding of the Rule of Law was too simplistic and didn't adequately address structural inequalities.
• Formal Equality: It focused primarily on formal equality before the law, neglecting substantive equality – the actual impact of laws on different groups.
• Judicial Supremacy: The emphasis on judicial review as the sole safeguard against arbitrary power has been questioned, as judicial decisions themselves can be influenced by biases.
• Limited Scope: Dicey's doctrine was formulated in the context of 19th-century England and may not be universally applicable.

Indian Context: Case Laws and the Rule of Law

The Indian Constitution enshrines the Rule of Law as a basic structure of the Constitution (Kesavananda Bharati v. State of Kerala, 1973). Several landmark cases have reinforced this principle:

• ADM Jabalpur v. Shivkant Shukla (1976): During the Emergency, the Supreme Court held that citizens did not have the right to approach the courts for habeas corpus (writ of bodily liberty) without state permission. This decision was later widely criticized as a setback for the Rule of Law.
• Maneka Gandhi v. Union of India (1978): This case overruled the ADM Jabalpur judgment and established that personal liberty is a fundamental right protected by Article 21. The Court emphasized the importance of due process and proportionality in restricting fundamental rights.
• I.R. Coelho v. State of Tamil Nadu (2007): The Supreme Court held that the Ninth Schedule to the Constitution, which was intended to shield laws from judicial review, could not be used to bypass fundamental rights. This strengthened the judiciary's role in upholding the Rule of Law.
• Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A of the Information Technology Act, which criminalized online speech, as being violative of Article 19(1)(a) (freedom of speech and expression). The judgment affirmed the importance of protecting fundamental rights even when they are exercised online.

Challenges to the Rule of Law in India

Despite constitutional guarantees and judicial pronouncements, several challenges persist:

• Impunity and Corruption: Instances of corruption and impunity among public officials erode public trust in the legal system.
• Delayed Justice: The backlog of cases in Indian courts significantly delays justice, undermining the Rule of Law.
• Discrimination: Social inequalities and systemic biases often result in unequal application of the law.
• Electoral Bonds: The recent controversy surrounding electoral bonds and their potential to undermine transparency and accountability in political funding has raised serious concerns about the Rule of Law.

The Rule of Law remains a vital principle for a just and equitable society. While Dicey's doctrine provided a foundational understanding, its limitations necessitate a more nuanced and inclusive interpretation. The Indian judiciary has played a crucial role in safeguarding the Rule of Law, but persistent challenges require continuous vigilance and reform. Strengthening institutions, promoting transparency, and ensuring equal access to justice are essential to uphold the core tenets of the Rule of Law and safeguard democratic values.