Introduction

In the words of the UN Vienna Declaration of 1993 “human rights are universal, indivisible, interdependent and interrelated and therefore should be protected and promoted in a fair and equitable manner by something as fundamental and all-pervasive as the rule of law.’’ The latest encounter of the gangster Vikas Dubey has sparked the debate regarding rule of law and has also raised questions on the exercise of violence by the institutions of the state. Criticisms have been coming from across the nation especially from the opposition that such an act is against the fundamentals of law, that is, against the rule of law. In the present day context where incidences like encounters and mob lynching have started to become obvious for people it gets necessary to indicate what importance the rule of law has in such situations and hence the main focus of this article is dedicated towards what does rule of law exactly means and how it has developed through time to meet with the present scenario. 

Rule of Law: Meaning

As the term itself connotes, ‘Rule of Law’ means rule of law and not of men.

The expression “Rule of Law” is derived from the French phrase ‘le principe de legalite’ meaning the principle of legality.

Defining rule of law Prof Wade expressed– “The rule of law requires that the government should be subject to the law rather than the law subject to the government”

According to Black’s law dictionary, Rule of Law may be specifically defined as supremacy of law where decision is made by applying known principles or laws, where there is no intervention of discretion in application of such principles or laws.

Rule of law has been defined by many scholars as the symbol of ultimate authority, which no man can override. As stated by Lord Denning in case Gouriet V. Union of post office workers Every person in land, no matter how powerful or high in status he may be, law will always be above them.

The rule of Law is one of the basic and general principles of the constitution. It is characterized in the words of Max Weber as – “legal domination as an idea of government of law rather than an idea of men.’’

So, in essence rule of law means that everyone from the government to its officials, together with citizens should act according to the law.

The doctrine of rule of law has been described as supremacy of the law. This means that where there is rule of law no person can be said to be above the law, even the functions and actions of the executive organ of the state shall be within the ambit of the law.

Rule of law imposes a duty on all citizens in a parliamentary democracy to obey the law and for such obedience the law itself must be just law and not arbitrary or oppressive law.

The aim of rule of law like other constitutional principles is the uplifting of freedom and fundamental rights of the people. The rule of law has propounded to make sure that the executive doesn’t use law of the land or country to oppress or curtail freedom of individuals as they are found in the bill of rights.

In the Indian context, the meaning of rule of law has somewhat been much expanded. The Supreme Court has in various occasions further enunciated and illustrated the rule of law through its judgement in furtherance of the basic principles as laid down by A.V. Dicey. It is considered as a part of the basic structure of the Constitution and, hence, it cannot be abrogated or destroyed even by the Parliament. The ideals of constitution; liberty, equality and fraternity have been enshrined in the preamble. Rule of law mandates that no person shall be subjected to harsh, uncivilised or discriminatory treatment even if the object is to protect and secure law and order.