Evolution of the Rule of Law in India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The Rule of Law in India has its origins in British legal concepts. India adopted this framework from British law, which in turn drew inspiration from French legal principles.

Administrative Law

• Administrative law is a historical concept that has evolved over time, incorporating philosophies and practices that are essential in the contemporary legal landscape.
• Key principles of administrative law include the separation of powers among the legislature, judiciary, and executive, and the Rule of Law.
• The Rule of Law, as per Dicey's interpretation, consists of three crucial elements: supremacy of law, equality before the law, and judge-made law.
• This ideal ensures justice, equality, and fairness in governance, preventing governmental arbitrariness and upholding democratic values.
• Democratic values encompass individual rights such as Fundamental Rights, including freedom of thought, religion, work choice, and access to essential living amenities.

Rule of Law and Grundnorm

• The Rule of Law dictates that the state is governed by laws, with the Grundnorm serving as the foundational norm from which governmental authority derives.
• Grundnorm typically refers to a country's constitution, which sets limits on governmental powers. It ensures that authorities are bound by known, specific, general, and equal laws.
• Effective laws safeguard citizens' rights and lives while maintaining governmental efficiency and effectiveness.

Evolution of the Rule of Law

Origin of the Term

• The phrase "Rule of Law" originates from the French term, "la principle de legalite," meaning the principle of legality.
• It signifies that a government should be governed by rules established by laws rather than by individuals.

Historical Context

• Initially borrowed from England, the concept of the Rule of Law was not readily embraced in the country.
• England did not acknowledge the presence of administrative law for a significant period.

Introduction of Rule of Law in France

• The Evolution of the Rule of Law in France was facilitated by the Droit administratif system, also known as the French legal system.
• This system emphasized the importance of legal principles governing administrative actions.

Evolution of the Rule of Law in India

Origin of the Rule of Law

• The evolution of the Rule of Law in India can be traced back to the legal system of Britain, which drew inspiration from French legal principles.

Postcolonial Era

• In the postcolonial era, the concept of the Rule of Law was introduced concerning the constitution.
• The case of ADM Jabalpur v UOI raised questions about the presence of the Rule of Law in the constitution, specifically beyond Article 21.

Significance of the Rule of Law

• The Rule of Law plays a crucial role in regulating governmental powers to ensure checks and balances on administrative actions affecting individual rights.
• The case of Som Raj v State of Haryana emphasized the importance of the absence of arbitrary power in upholding the Rule of Law.

Judicial Independence and Due Process

• In the case of Union of India v Raghubir Singh, the independence of the judiciary and the supremacy of courts were highlighted as essential elements of the Rule of Law.
• Article 21 emphasizes the importance of following due process when infringing upon a citizen's right to life and liberty.

Landmark Cases

• Kesavananda Bharti v State of Kerala solidified the Rule of Law as part of the basic structure of the Indian constitution.
• In Sukhdev v Bhagatram, it was emphasized that a democracy with excessive executive power could lead to the collapse of the country.

Role of the Rule of Law

• The Rule of Law acts as a cornerstone of democracy, ensuring a balance between administrative actions and individual rights.
• It is crucial for maintaining peace, protecting human rights, and preventing abuse of administrative power.

Origins of Due Process and Process Established by Law

• US Constitution (5th Amendment): The 5th Amendment of the U.S. Constitution safeguards individuals' rights by stating that no one can be deprived of their life, liberty, or property without due process of law.
• Indian Constitution (Article 21): In India, the equivalent principle is enshrined in Article 21 as the "Right to Life," ensuring that no person can be deprived of their life or personal liberty except through the procedure established by law.
• Components of Due Process: Due process comprises procedural and substantive elements. Procedural due process necessitates a fair procedure involving notice and hearing, while substantive due process evaluates the substantive content of laws.
• Procedure Established by Law: The term "procedure established by law" refers to the process specified by statutes or laws of the state. It rests on three key tenets:
  • Justification: There must be a valid legal basis for interfering with an individual's life or personal liberty.
  • Validity of Law: The law itself must be legitimate and valid.
  • Strict Adherence: The procedure outlined by the law should be diligently followed.

‘Procedure established by law’ as synonymous with ‘due process’ after 1978

• Initially, in the U.S. Constitution, the Fifth Amendment stated that no one could be deprived of life, liberty, or property without due process of law. This concept allows courts to assess the reasonableness of both substantive and procedural aspects of the law.
• In contrast, the Indian Constitution's Article 21 declares that no one can be deprived of life or personal liberty except according to the procedure established by law.
• Notably, the term 'due process' is absent in the Indian Constitution, which indicates a deliberate omission to prevent the ambiguity associated with its interpretation in the U.S. context.

Evolution of Interpretation

• Originally, the Constituent Assembly in India avoided incorporating the 'due process of law' term to prevent uncertainty arising from varying interpretations seen in the U.S. legal system.
• Instead, India adopted the phrase 'procedure established by law,' giving legislative bodies the authority to enact laws, even if they are not aligned with principles of justice and equity.

Judicial Interpretation Post-1978

• Following 1978, Indian courts began interpreting 'procedure established by law' akin to 'due process,' emphasizing fairness, reasonableness, and justice in safeguarding individual rights.
• In the Maneka Gandhi vs. Union of India case (1978), the Supreme Court ruled that for a law to satisfy Article 21, it must be 'reasonable, just, and fair,' ensuring it is not arbitrary or oppressive.

Impact of Judicial Decisions

• The judiciary's liberal interpretation since 1978 has elevated 'procedure established by law' to be synonymous with 'due process,' aligning Indian constitutional principles more closely with those of the U.S.
• Through cases like Maneka Gandhi's, where issues of reasonableness, natural justice, and personal liberty were central, the Indian legal system has undergone significant evolution and enhanced protection of individual rights.

Post Maneka Gandhi Judgement

• Article 21 gained significance with the landmark Supreme Court ruling in the case of Maneka Gandhi, revitalizing it after a period of dormancy. This article has evolved to echo the concept of due process akin to the American legal framework, offering various substantive rights and procedural safeguards to individuals.
• It is now established that Article 21 guarantees positive rights to life and liberty, with "life" encompassing a dignified existence beyond mere survival, as affirmed in the Francis Caralie case.
• The process of depriving an individual of their life and liberty must adhere to standards of reasonableness, fairness, and justice.
• In 1978, the 44th Amendment to the Constitution introduced amendments to Article 359, ensuring that Articles 20 and 21 remain enforceable even during a state of emergency. The case of A.K. Bindal vs. Union of India emphasized that depriving an individual of life and personal liberty must follow established legal procedures.
• Article 21 has been interpreted in a multifaceted manner, prohibiting any arbitrary or whimsical actions by the state that infringe upon the life or personal liberty of individuals.
• The Supreme Court, in the case of Kartar Singh v. State of Punjab, emphasized that the procedure outlined in Article 21 must be "right, fair, and just," rejecting arbitrary or oppressive measures. The term "procedure established by law" encompasses both substantive and procedural aspects, emphasizing the need for a just process.