Rule of Law and the Constitution of India: A Conceptual Analysis

Abstract

The rule of law, rooted in the idea of reason, is an ancient constitutional concept grounded in the idea of natural law thinking. It espouses sovereignty of law over man and emphasises on equal subjection to the law for everyone, regardless of rank or status in society. It is a set of universally applicable principles that form the core of constitutionalism, respecting the rights of individuals and rejecting the arbitrary withdrawal of those rights. Conceptually, it is a dynamic in nature that redefines the relationship between the state and the individual, safeguarding and advancing the civil and political rights of the individual, and advancing a socio-economic, cultural, and educational environment suitable for the realisation of legitimate aspirations and the dignity of the individual in a free society. Rule of law, in essence, forms the kernel of a constitutional democratic polity and makes it effective and functional. It may be formal as well as substantive, providing certainty and good content to the law, ensuring protection of individuals and society. It is deeply embedded in the Constitution of India in letter and spirit, which embodies the principles of equality, non-arbitrariness, separation of powers, judicial review, and judicial independence. Post-WW II has witnessed a renewed interest in its nature, opening up a new dimension which encompasses a couple of ideas, including human rights and independence of the judiciary. This paper explores the meaning and nature of the rule of law and how it has been incorporated into the Constitution of India.