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.
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