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Parul Agarwal A001

Rule of Law
It has been derived from the French phrase las principle de legalite, which translates to Principles of legality'. It refers to a Government that is based on principles of Law and not of men.

It refers to state of affairs in a country where, in main, the law rules. It provides protection to the people against the arbitrary action of administrative authorities.

Garner defines rule of law as, the state of affairs in a country where law is observed and kept.

The theory of rule of law was first given by Sir Edward Coke. He expressed that the king should be under god and law. It was originated to protect the individuals from unlawful action of the government.

Later A.V. Dicey developed and established this concept. Rule of law has three meanings. Supremacy of existing law it implies that a man maybe punished for a breach of law but cannot be punished for anything else. No men is above law-it means equality before law. It excludes the idea of any exemption to officials or others .

Principle of judicial decisions-it implies that the general principles of the constitution are the result of judicial decisions determining the rights of individuals in cases brought before the court .

Rule of law before Independence

During the British rule the rule of law was given lesser importance. The company was interested in the expansion of its trade and territorial possession and was in favor of protecting its interest even at the cost of justice.

Rule of law after independence

After independence rule of law has been regarded as a part of the basic structure of the constitution and therefore cannot be destroyed even by the parliament. It is also regarded as part of natural justice. Various provisions have been incorporated in the constitution of India for the establishment and maintenance of rule of law.

Provisions in the Constitution

Article 13(2)-it states that the state should not make any law which takes away or abridges the fundamental rights and any law made in contravention of this clause shall to the extent of contravention be void. Article 14- it provides for equality before law and equal protection of laws to all persons within the territory of India.

Article 20(1)- it states that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence , Article 20(2)- no person shall be prosecuted or punished for the same offence more than once . Article 20(3)- makes it clear that no person accused of the offence shall be compelled to be a witness against himself.