RULE OF LAW IN INDIA ; A MYTH OR REALITY

Abstract

The Rule of Law is a fundamental principle of constitutional governance that requires governmental power to be exercised in accordance with established legal principles and without arbitrariness. Although the expression “Rule of Law” is not expressly mentioned in the Constitution of India, its principles are reflected in several constitutional provisions and have been recognized and developed through judicial decisions. This  paper examines the concept of Rule of Law in the Indian constitutional framework with particular reference to A.V. Dicey’s three postulates—supremacy of law, equality before law, and predominance of legal spirit. It analyses the constitutional provisions relating to Articles 13, 14, 15, 20, 21, 32, 226 and 265 and examines the role of the judiciary in protecting constitutional rights and limiting arbitrary exercise of governmental power. The paper further discusses significant judicial decisions, including A.K. Kraipak v. Union of India, ADM Jabalpur v. Shivakant Shukla, Bachan Singh v. State of Punjab, and Indira Nehru Gandhi v. Raj Narain, to examine the development of the Rule of Law in India. The study also considers the gap between the theoretical recognition and practical realization of the Rule of Law, particularly in relation to equality, access to justice, human rights, and criminal justice administration. It concludes that the Indian constitutional system provides substantial institutional and legal mechanisms for maintaining the Rule of Law, although its effective realization depends upon fair, reasonable and non-arbitrary exercise and enforcement of public power.