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VOL. 13, ISSUE 1 (2026)
The rule of law in India: A critical analysis of constitutional evolution and contemporary administrative challenges
Authors
Hitika Agrawal, Nandini Bhilala, Rohit Rajoriya
Abstract

The Rule of Law constitutes the foundation of constitutional governance in India, ensuring that all state action is subject to law, reason, and accountability rather than arbitrary discretion. Rooted in classical thought and articulated through A.V. Dicey’s principles of supremacy of law, equality before law, and predominance of legal spirit, the doctrine has evolved in the Indian constitutional framework through judicial interpretation and the expansion of fundamental rights. The Constitution, particularly Articles 14, 19, 21, 32, and 226, embeds the Rule of Law as a guiding norm for administrative governance and judicial review.

Indian courts have transformed the Rule of Law from a formal concept into a substantive guarantee of fairness, reasonableness, and natural justice, as reflected in landmark decisions such as E.P. Royappa v State of Tamil Nadu, Maneka Gandhi v Union of India, and Kesavananda Bharati v State of Kerala. The judiciary has played a crucial role in checking arbitrariness, institutionalizing checks and balances, and safeguarding fundamental rights against administrative excess.

However, contemporary governance reveals significant challenges to the effective realization of the Rule of Law, including frequent internet shutdowns, disproportionate use of Section 144 CrPC, the enactment of controversial farm laws, and concerns surrounding the Citizenship (Amendment) Act, 2019. These developments highlight tensions between executive discretion and constitutional liberties, raising concerns about democratic backsliding and erosion of accountability.

The study concludes that while the Rule of Law remains an indispensable pillar of India’s constitutional democracy, its practical enforcement requires stronger procedural safeguards, transparency in delegated legislation, restraint on executive discretion, and continued judicial vigilance. The modern conception of the Rule of Law must move beyond mere legality to encompass human dignity, socio-economic justice, and inclusive governance within the administrative state. 
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Pages:452-458
How to cite this article:
Hitika Agrawal, Nandini Bhilala, Rohit Rajoriya "The rule of law in India: A critical analysis of constitutional evolution and contemporary administrative challenges". International Journal of Multidisciplinary Research and Development, Vol 13, Issue 1, 2026, Pages 452-458
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