The guarantee of equality before law is an aspect of what Dicey calls
the rule of law in England. It means that no man is above the law and
that every person, whatever his rank or conditions, is subject to the
jurisdiction of ordinary courts.
According to Dicey, "every official from the Prime Minister down to constable or collector of taxes is under the same responsibility for every act done without legal justification as any other citizen".
Rule of law requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the Paramount exigencies of law and order.
Professor Dicey gave three meanings of the rule of law are as follows
1) Absence of Arbitrary power or Supremacy of the Law :
It means the absolute Supremacy of law as opposed to the arbitrary power of the Government. In other words - a man maybe punished for a breach of law but he can be punished for nothing else.
2) Equality before the law :
It means subjection of all classes to the ordinary law of the land administered by ordinary law Courts. This means that no one is above law with the sole exception of the monarch who can do no wrong'. Everyone in England, whether he is an official of the State or a private individual, is bound to obey the same law. Thus, public officials do not hold a privileged position in Great Britain. In Great Britain there is one system of law and one system of Courts for all, i.e., for public officials and private persons. (See... Right To Equality under the Constitution of India)
3) The constitution is the result of the ordinary law of land. It means that the source of right of individual is not the written constitution but the rules as defined and enforced by the Courts.
The first and the second aspects apply to Indian system but third aspect of the Dicey's rule of law does not apply to Indian system as the source of rights of individual is the Constitution of India. The Constitution of India is the supreme law of land and all laws passed by the legislature must be consistent with the provisions of the Constitution.
The concept of the Rule of Law finds full expression In the provisions of the Constitution of India.
1) The Preamble declares the high ideals of equality, justice, liberty and fraternity.
2) Part III of the Constitution contains a list of a Fundamental Rights of Citizens. The provisions in the Constitution are restrictions on the law making power of the parliament of India. It must be noted however that the above mentioned rights are subject to reasonable restrictions in times of emergency.
3) Part IV of the Constitution pronounces Directive principles of State Policy which go to strengthen the liberties by guaranteeing protection of the same. State can measures for this purpose under part IV. These Principles are like antidotes against too much insistence of fundamental rights. A citizen can approach High Court or the Supreme Court of India against breach of his fundamental rights.
4) Legislature, Judiciary and executive are three organs under the Constitution and the constitution is the supreme authority. Every organ is free to act in its own field according to the power conferred on it. If this is not done and some organ transgresses the limits of its jurisdiction or its powers, there is a provision in the Constitution under Article 32 and 226 whereby a Judicial review of its actions is possible. An individual who has been wronged can approach the High Court or the Supreme Court and can get redress.
5) The President of India has to take an oath to preserve, protect and defend the constitution.
6) The Maxim "King can do no wrong" is not applicable in India because there is equality before the law and equal protection of law is afforded to everyone.
7) In public service we have accepted the doctrine of Equality. Article 16 gives right of equal equal opportunity in matter of public employment.
8) Union of India and respective State Governments can be sued in ordinary Courts like individuals for any breach of contract entered into by them and for any tort against an individual.
According to Dicey, "every official from the Prime Minister down to constable or collector of taxes is under the same responsibility for every act done without legal justification as any other citizen".
Rule of law requires that no person shall be subjected to harsh, uncivilized or discriminatory treatment even when the object is the securing of the Paramount exigencies of law and order.
Professor Dicey gave three meanings of the rule of law are as follows
1) Absence of Arbitrary power or Supremacy of the Law :
It means the absolute Supremacy of law as opposed to the arbitrary power of the Government. In other words - a man maybe punished for a breach of law but he can be punished for nothing else.
2) Equality before the law :
It means subjection of all classes to the ordinary law of the land administered by ordinary law Courts. This means that no one is above law with the sole exception of the monarch who can do no wrong'. Everyone in England, whether he is an official of the State or a private individual, is bound to obey the same law. Thus, public officials do not hold a privileged position in Great Britain. In Great Britain there is one system of law and one system of Courts for all, i.e., for public officials and private persons. (See... Right To Equality under the Constitution of India)
3) The constitution is the result of the ordinary law of land. It means that the source of right of individual is not the written constitution but the rules as defined and enforced by the Courts.
The first and the second aspects apply to Indian system but third aspect of the Dicey's rule of law does not apply to Indian system as the source of rights of individual is the Constitution of India. The Constitution of India is the supreme law of land and all laws passed by the legislature must be consistent with the provisions of the Constitution.
The concept of the Rule of Law finds full expression In the provisions of the Constitution of India.
1) The Preamble declares the high ideals of equality, justice, liberty and fraternity.
2) Part III of the Constitution contains a list of a Fundamental Rights of Citizens. The provisions in the Constitution are restrictions on the law making power of the parliament of India. It must be noted however that the above mentioned rights are subject to reasonable restrictions in times of emergency.
3) Part IV of the Constitution pronounces Directive principles of State Policy which go to strengthen the liberties by guaranteeing protection of the same. State can measures for this purpose under part IV. These Principles are like antidotes against too much insistence of fundamental rights. A citizen can approach High Court or the Supreme Court of India against breach of his fundamental rights.
4) Legislature, Judiciary and executive are three organs under the Constitution and the constitution is the supreme authority. Every organ is free to act in its own field according to the power conferred on it. If this is not done and some organ transgresses the limits of its jurisdiction or its powers, there is a provision in the Constitution under Article 32 and 226 whereby a Judicial review of its actions is possible. An individual who has been wronged can approach the High Court or the Supreme Court and can get redress.
5) The President of India has to take an oath to preserve, protect and defend the constitution.
6) The Maxim "King can do no wrong" is not applicable in India because there is equality before the law and equal protection of law is afforded to everyone.
7) In public service we have accepted the doctrine of Equality. Article 16 gives right of equal equal opportunity in matter of public employment.
8) Union of India and respective State Governments can be sued in ordinary Courts like individuals for any breach of contract entered into by them and for any tort against an individual.
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