Why is it in the news?
1. The Chief Justice of India said that there is a complete breakdown of Rule of Law in Uttar Pradesh.
2. Everyday civil suits are being converted to criminal cases. This is absurd. Disputes over civil issues cannot be turned into criminal offences. It was contended that registration of criminal cases in civil disputes is resorted to reach a speedy resolution as civil disputes took a long time. The Supreme Court also castigated the working of police investigation.
What is the Rule of Law?
1. The Rule of Law is a fundamental principle of governance in a democracy. It means that law should govern a nation instead of arbitrary decisions of government officials. According to Dicey, there are three elements of the Rule of Law. These are :
Supremacy of law - It means that nobody is above law. Law is Supreme. People, irrespective of the status of the society, will have to obey the command of law.
Equality before the law - All individuals, irrespective of the status in the society, are equal before the law.
Predominance of legal spirit - Individual rights and liberties arise from judicial precedent and constitutional guarantees, not from arbitrary state decreases, thereby emphasizing courts as guardians of justice.
2. In addition, the Rule of Law has the following features. These are :
Non- arbitrariness - The Rule of Law secures that government actions are based upon established laws rather than the whims of individuals in power. Thus, it prevents despotism and authoritarianism.
Legal constraints on power - The government and its officials are subject to existing laws just as citizens are. Thus, the principle ensures that rulers must adhere to legal constraints. They cannot act outside the law.
Impartial application - Laws must be applied impartially across similar cases without consideration of the class, status or power of the individuals, thereby, ensuring fairness in legal proceedings.
Universal application of law - Laws should be open, comprehensible to all and universally applicable. Legal obligations should not be retroactively established.
Separation of powers - It ensures judicial independence and prevention of interference in legal proceedings by the executives and legislatures, thereby, guaranteeing fair administration of justice and protection of individuals against arbitrary governance.
Protection of Fundamental Rights - the Rule of Law ensures protection of fundamental human rights, thereby, ensuring freedom of individuals against infringement of rights.
Fair and Public trial - Legal proceedings should be conducted fairly, transparently and publicly. This principle ensures that justice is not only done but is seen to be done, thereby, maintaining public confidence in the legal system.
Accountability - Both Government officials and private individuals are accountable under the law. This principle ensures that those empowered are held responsible for their actions and that legal remedies are available for abuses of power.
Provisions of the Rule of Law in the Indian Constitution
1. Our constitution embodies the principle of Law. It ensures that all citizens are equal before the law and the Government operates within the legal framework to prevent arbitrary use of power. There are several provisions which guarantee the Rule of Law. These are :
Fundamental Rights - Under Part III of our constitution, fundamental rights have been bestowed upon the people of India. These Rights include Right to equality (Article 14 to 18), the Right to freedom (Article 19-22) and the Right to constitutional remedies (Article 32). These Rights are meant to protect individuals from the arbitrariness of the state.
Separation of Powers - Our constitution establishes a system of checks and balances among three branches of Government. This separation ensures that no single branch can dominate,thereby, upholding the Rule of Law. It ensures that the constitution is Supreme. That all powers emanate from the constitution. If any branch exceeds its limits, the other branch puts a break upon it. For example, if the Parliament in India makes a law which contravenes the provisions of the constitution, the judiciary would declare that law null and void. Article 50 provides for separation of judiciary from the executive.
Independent judiciary - The Judiciary in India is independent and has the power of judicial review. This allows the Supreme Court and High Courts to interpret the constitution and Fundamental rights. To safeguard the independence of the judiciary, adequate provisions have been made for the security of the tenure of the judges like stiff procedure of impeachment. Salaries and allowances are charged upon the consolidated fund of India and therefore, not votable in the Parliament. Similarly, salaries and allowances of judges cannot be varied to their disadvantages during their tenure in offices.
Legal framework and accountability - Our constitution provides a legal framework for governance. For example, under the seventh schedule of our constitution, the executive and legislative powers have been clearly defined by the Union and state Governments. Similarly, constitutional bodies like Election Commission, Comptroller and Auditor General of India, SC/ST Commission have been assigned specific tasks and made accountable.
What challenges does the Rule of Law face in India today?
1. Judicial backlog - The Indian Judiciary is overburdened with a massive backlog of cases leading to delayed justice. Over 50 million pending cases including 77,000 in the Supreme Court and 6 million in High Courts are in India as per the data available in 2025. Justice delayed is justice denied, thereby eroding the confidence of the people in the legal system and the weakening of Rule of Law in India .
2. Corruption - Corruption within various levels of government and law enforcement can impede the application of rule of law. It leads to favoritism and inability to enforce law uniformly. India ranks 93rd in the Corruption Perception Index (2023) issued by an institution called transparency international. It was also reported that 47% of citizens give bribes for their work.
3. Social inequality - Deep rooted social inequality in our society supported by caste based discrimination and gender inequality further hinder the equitable application of the rule of law. These inequalities result in differential treatment before the law.
4. Unequal access to justice - People from marginalised communities face difficulties in accessing legal resources and representation. Economic disparities prevent people from effectively navigating the legal system. The National Legal Services Authority (Nalsa) serves only 15%i of eligible beneficiaries due to paucity of funding and awareness gaps.
5. Police reforms - Police force is often criticised for being overburdened and sometimes involved in human right violations, custodial deaths and fake encounters. It is also alleged that law enforcement agencies misuse laws like unlawful activities prevention Act (UAPA) with a 3% conviction rate but thousands of detained people languish in jails for years. The Government has failed to implement police reforms as per the judgement of the Supreme Court in the case of Prakash Singh vs Union of India (2006).
6. Political influence - Political interference in the functioning of police and judiciary, sometimes leads to biased law enforcement and judicial decisions based on political consideration rather than the legal merits of cases.
7. Legislative overreach - Parliament sometimes passes laws hastily without adequate debate or consideration of long term implications. These legislations infringe upon individual rights. For example, the Government had to withdraw three farm laws under the pressure of farmer unions.
8. Political and communal divisions in the Society - On account of electoral politics in India, several parties sprang up on communal and cast lines to appease their community or fellow caste brethren. This kind of polarisation challenges the democratic principles and the Rule of Law.
Thus, the status of Rule of Law in India is poor when compared with the developed countries of the world. The Rule of law index of India was 79th in the world.
How to strengthen the Rule of Law in India ?
1. Increase judicial capacity - Raise the number of judges to population to 50 per million instead of the present 21 per million. Efforts should be made to fill vacancies in High Courts.
2. Establishment of more fast track courts for speedy delivery of justice involving marginalised sections of the society.
3. Ensuring judicial independence
4. Implementing comprehensive police reform to make the police working more transparent and accountable
5. Increasing public legal literacy through awareness campaigns
6. Expanding legal aid services to ensure that marginalised communities have access to legal recourse.
7. Reviewing and updating laws to reflect contemporary societal needs.
8. Strengthening institutions like National Human Rights Commission and State Police Complaint Authorities to put a break upon arbitrary arrest and custodial deaths.
9.Leveraging technology by expanding E-courts to reduce pendency of cases.
10. Mandatory independent judicial inquiries for encounter deaths and custodial torture.
12. Transparent appointments of judges through collegium system.
Conclusion
1. Strengthening the Rule of Law in India is crucial for ensuring justice, equality and democracy.
2. Indian Democracy will not survive without the strong pillar of Rule of Law.
3. By implementing judicial and police reforms, the rule of law can be enforced effectively, thereby instilling confidence among the people in the existing institutions.
4. Our constitution has safeguarded the Rule of Law through article 14, 21 and 32. Our constitution ensures Supremacy, Equality and Judicial guardianship.
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