Previous Year Question
Which of the following are regarded as the main features of the ‘Rule of Law’?
Limitation of powers
Equality before law
People’s responsibility to the Government
Liberty and civil rights
Select the correct answer using the code given below.
1 and 3 only
2 and 4 only
1, 2 and 4 only
1, 2, 3 and 4
Correct Answer: C
Detailed Solution
The Rule of Law means that government must function under the Constitution and law, and public power cannot be exercised arbitrarily. Both those who govern and those who are governed remain subject to law.
Statement 1 is correct. Limitation of governmental power is a basic element of the Rule of Law. The Government and its officials can exercise only those powers conferred upon them by the Constitution or law. Arbitrary exercise of public power can be challenged before the courts.
Statement 2 is correct. Equality before law is guaranteed by Article 14. It means that no person is above the law and that persons placed in similar circumstances must be governed by the same laws.
Article 14 contains two dimensions:
Equality before law: No person enjoys special legal privileges.
Equal protection of laws: Persons similarly situated must be treated alike.
Statement 3 is incorrect. In a democratic system, the Government is accountable to the people, not the people to the Government. Citizens must obey valid laws, but this is not equivalent to political responsibility towards the Government. It is therefore not a principal feature of the Rule of Law.
Statement 4 is correct. Liberty and civil rights are central components of the Rule of Law. The Constitution protects individual rights and provides judicial remedies when those rights are violated.
The Rule of Law in India is strengthened by several constitutional provisions:
Article 13 invalidates laws inconsistent with Fundamental Rights to the extent of inconsistency.
Article 14 protects against arbitrary State action.
Article 19 protects specified civil freedoms.
Article 21 protects life and personal liberty.
Articles 32 and 226 empower the Supreme Court and High Courts respectively to issue writs for the enforcement of rights.
Article 265 prohibits the levy or collection of tax without authority of law.
Article 300A prohibits deprivation of property except by authority of law.
“Rule of Law” is different from mere “rule by law.” The existence of a law is not sufficient; the law and its application must be constitutional, non-arbitrary, equal and subject to judicial review.