The concept of Rule of law is well established in all legal systems in the world which include the constitutions of the United States of America and India.
Chief Justice Edward Coke of England, who held office during the reign of King James I, is considered to be the originator of this doctrine. Justice Coke while emphasizing the supremacy of law against the executive stated that the King should be under God and Law. The theory of Justice Coke was developed by A. V. Dicey in his classic work “The Law and the Constitution” which was published in the year 1885.

Dicey in his work has described the doctrine under three heads:

Supremacy of Law: Rule of law according to Dicey means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power.It means the exclusion of the existence of arbitrariness on the part of the government.

Equality before Law: While explaining this aspect of the doctrine, Dicey stated that there must be equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts.

Judge made Constitution: He emphasised the role of the courts of law as guarantors of liberty and suggested that the rights would be secured more adequately if they were enforceable in the courts of law than by mere declaration of those rights in a document.

The Rule of Law encompasses several key principles:

1. Supremacy of Law: It implies that the law is supreme and overrides the arbitrary exercise of power by individuals or authorities.
2. Equality Before Law: All individuals, regardless of their position or status, are subject to the same laws and legal procedures.
3. Fairness and Transparency: Legal proceedings must be conducted fairly, with transparency and accessibility to all parties involved.
4. Legal Certainty: Laws must be clear, predictable, and applied consistently to ensure certainty in legal outcomes.
5. Accountability: Those who exercise public power must be accountable under the law for their actions.

Reflection in the Constitution of India:

The Indian Constitution meticulously incorporates the principles of the Rule of Law across its provisions:

1. Preamble: The Preamble of the Indian Constitution emphasises justice, equality, and liberty as guiding principles, ensuring that laws uphold these ideals.

2. Fundamental Rights (Part III): Articles 14 to 32 guarantee fundamental rights to all citizens, ensuring equality before law (Article 14), protection against discrimination (Article 15), and the right to constitutional remedies (Article 32), which empowers individuals to seek enforcement of their rights through the judiciary.

3. Directive Principles of State Policy (Part IV): While not enforceable by courts, these principles (Articles 36-51) direct the state to create a just society by implementing policies that promote social and economic justice, ensuring that laws are oriented towards the welfare of the people.

4. Separation of Powers (Articles 50-51A): The Constitution delineates the separation of powers between the legislature, executive, and judiciary, preventing any one branch from usurping the authority of the others, thus ensuring checks and balances.

5. Judicial Independence and Judicial Review: Articles 124-147 establish an independent judiciary with the power of judicial review (Article 13), allowing courts to strike down laws inconsistent with the Constitution, thereby upholding the supremacy of the Constitution as the ultimate law of the land.

6. Constitution as the Supreme Law: Article 246 declares the Constitution to be the supreme law of India, and all laws enacted by Parliament or State Legislatures must conform to its provisions.

In conclusion, the Rule of Law in India, as enshrined in its Constitution, serves as the bedrock of its democratic framework. It ensures that the exercise of governmental power is regulated by law, fostering a society where rights are protected, justice is accessible, and accountability is enforced. By upholding these principles, the Constitution not only guides the governance of the nation but also safeguards the freedoms and rights of its citizens, thereby reinforcing India’s commitment to democratic values and the rule of law.