Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.

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Rule of law
The origins of the Rule of Law theory can be traced back to the Ancient
Romans during the formation of the first republic; it has since been
championed by several medieval thinkers in Europe such as Hobbs, Locke
and Rousseau through the social contract theory. Indian philosophers such
as Chanakya have also espoused the rule of law theory in their own way, by
maintain that the King should be governed by the word of law.
The concept of Rule of Law is that the state is governed, not by the ruler or
the nominated representatives of the people but by the law. The
Constitution of India intended for India to be a country governed by the
rule of law. It provides that the constitution shall be the supreme power in
the land and the legislative and the executive derive their authority from the
constitution.

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The doctrine of rule of law has its origin in England. The term “Rule of
Law” is derived from the French phrase la pricipe de legalite (the principle
of legality) which refers to a government based on principle of law and
not men. In this sense the concept of la principe de legalite was opposed
to arbitrary powers
(subject to individual will or judgment without restriction; contingent solel
y upon one's discretion).
The concept of the Rule of Law is old origin. Edward Coke is said to be
originator of this concept. In India, concept of Rule of law can be traced
to Upnishad. It provides Law is the Kings of Kings. There is nothing higher
than law. By the power of law weak shall prevail over the strong and
justice shall Trumph.

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 The English philosopher Jeremy Bentham described the rule of law
“nonsense on stilts.
 The King is not the law but the law is king.
 A V Dicey in his book The Law of the Constitution (1885) has given the
following three implications of the doctrine of rule of law.
 Supremacy of Law or Absence of arbitrary power-This has always been the
basic understanding of rule of law that propounds that the law rules over
all people including the persons administering the law. The law makers
need to give reasons that can be justified under the law while exercising
their powers to make and administer law.

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 Equality before the Law-Article 14 & 17- The law cannot discriminate
between people in matters of sex, religion, race etc. This concept of the
rule of law has been codified in the Indian Constitution under Article 14
and the Universal Declaration of Human Rights under the preamble and
Article 7.
 Predominance of legal spirit:-The courts are the enforcers of the rule of
law and they must be both impartial and free from all external
influences. Thus the freedom of the judicial becomes an important pillar
to the rule of law.

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 Application of Rule of law in Indian context-
The Constitution of India provides that the constitution shall be the
supreme power in the land and the legislative and the executive derive
their authority from the constitution. Any law that is made by the
legislative has to be in conformity with the Constitute failing which it
will be declared invalid, this is provided for under Article 13 (1). Article
21 provides a further check against arbitrary executive action by stating
that no person shall be deprived of his life or liberty except in
accordance with the procedure established by law.

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 Article 14 ensures that all citizens are equal and that no person shall be discriminated on
the basis of sex, religion, race or place of birth, finally it ensures that there is separation of
power between the three wings of the government and the executive and the legislature
have no influence on the judiciary. By these methods, the constitution fulfils all the
requirements of Dicey’s theory to be recognized as a country following the Rule of Law.
 In France, Dicey observed that the government officials exercised wide discretionary
powers and if there was any dispute between a government official and a private
individual, it was tried not by an ordinary court but by a special administrative court. The
law applicable in that case was not ordinary law but a special law developed by the
administrative court. From this, Dicey concluded that this system spelt the negation of
the concept of rule of law. He felt that this was against the principle of equality before the
law. He also stated that all English are bound by the Rule of Law and there is no external
mechanism required to regulate them. Therefore, he concluded that there was no
administrative law in England.

7. Legal Help Desk By- Keshav Choudhary
Dicey’s concept of Rule of Law had its advantages and disadvantages. Rule of Law
imposed and helped in imbibing a sense of restraint on administration. The
government was bound to work within the legal framework. Further, by stating that
the law is supreme, he made every law made by the legislature supreme, thus,
promoting parliamentary supremacy. There cannot be self-conferment of power as
even an ordinary law is supreme. All laws, public or private, are being administered
by the same set of independent and impartial judiciary. This ensures adequate check
on the other two organs. Nonetheless, on the other hand, Dicey completely
misunderstood the real nature of the French droit administratif. He thought that this
system was designed to protect officials, but the later studies revealed that in certain
respects it was more effective in controlling the administration than the common law
system. The reality is that French Conseil d’ Etatis widely admired and has served as
model for other countries as well as for court of justice for European communities. He
also did not realise the need for codification of laws which could lead to more
discretion, thus hampering Rule of Law.

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 Basic Principles of the Rule of Law
 Law is Supreme, above everything and everyone. Nobody is above the law.
 All things should be done according to law and not according to whim.
 No person should be made to suffer except for a distinct breach of law.
 Absence of arbitrary power being heart and soul of rule of law.
 Equality before law and equal protection of law.
 Discretionary power should be exercised within reasonable limits set by law.
 Adequate safeguard against executive abuse of powers.
 Independent and impartial Judiciary.
 Fair and Just Procedure.
 Speedy Trial

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 Judiciary and Rule of Law
The Indian Judiciary has played an instrumental role in shaping Rule of
Law in India. By adopting a positive approach and dynamically
interpreting the constitutional provisions, the courts have ensured that the
Rule of Law and respect for citizens’ rights do not remain only on paper
but it is also avalaible in the society.
In Bachhan Singh v. State of Punjab, it was held that the Rule of Law has
three basic and fundamental assumptions. They are:-
 1) Law making must be essentially in the hands of a democratically
elected legislature;
 2) Even in the hands of the democratically elected legislature, there
should not be unfettered legislative power; and
 3) There must be independent judiciary to protect the citizens against
excesses of executive and legislative power.

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The Darker Side of Rule of Law
The case of ADM Jabalpur Shivakant Shukla is one of the
most important cases when it comes to rule of law.