Understanding “law” and “law in force” is necessary in order to comprehend the fundamental principles of the Rule of Law.

Meaning of law:

The word ‘law‘ has been defined in Article13(3)(a) and ‘law in force’ defined in Article 13(3)(b). It does not expressly include a law enacted by the legislature/ Parliament, for such enactment is obviously the law.

The definition of the law comprises of following things or we could say that law includes :

The ordinance, as it is made by passing the bill in Parliament or legislatures and it is the exercise of executive’s legislative power. In Dwarka Nath v. State(1959) Supreme Court held that if any administrative order is made by executive officers and that is subject to the law, then that order will come under the ambit of the word ‘law’.

Order, bye-laws, rules, regulations & notifications having the same status as of law, because they plunge into the classification of subordinate delegated legislation and are not passed by the legislature or parliament.

Custom or usage having the force of law in the territory of India as they are not enacted law at all. In Gazula Dasaratha Rama Rao v. State of Andhra Pradesh(1961) Supreme Court observed that the law is not only The acts of parliament or legislature but it also includes customs and its practices that has the force of law. But such customs can not be violative of Fundamental Rights.

Ordinance by the President & the governors, a government notification, any sub-rule of a municipality body, sports rule(customs), etc are examples of law.

Law in force:

The term ‘law in force’ had not been defined in the Indian Constitution. The law in force means a law made by a Legislature or competent authority in India before the commencement of this Constitution and not previously repealed by any such authority.  Supreme Court in Edward Mills Co. Ltd. vs Ajmer(1995) held that law in force means the same thing as existing law which has been defined under article 372.

By the evolution of time, Another question arises whether the amendment of the Constitution is law or not!

The Supreme Court in Shankari Prasad’s case held that law means rules and regulations made in the exercise of ordinary legislative power and not in the exercise of constituent power. But in Golaknath’s case the Supreme court held that law included statutory as well as constitutional law. Later the 24th amendment was challenged in the Keshvananda Bharti case and the present position by judgement is that the word ‘law’ does not include a constitutional amendment.

Rule of law:

The result of centuries’ long struggles and hardships to have their fundamental rights recognized is the rule of law. Le Principe de legalite, which translates to “the principle of legality” in French, is the source of the English phrase “Rule of Law.”

The 13th century A.D. is when the Rule of Law first emerged. Henry de Bracton, a judge during the reign of Henry III, said, “The King is not supreme,” in the 13th century during the hearing of one of the cases. He is ruled by both the law and the Almighty. Because he is only a king as a result of the law, the king is bound by it.

The phrase “rule of law” simply indicates that the law is supreme and that no one, regardless of status or authority, is above the law. It also signifies that everyone in India is subject to the jurisdiction of the Indian courts. Even the executive, administrative, and judicial branches of government in India are required to operate in accordance with the law. India borrowed this idea from England.  

If a law is supreme over the government and others, only the state and others can be progressive, and the growth of the state and others will be in the right direction. This is what the term “rule of law” means. It states that laws shouldn’t be subject to anyone or any government because doing so will bring down the law and the state. But in a perfect society, both the State and everyone else would be subject to the law.

No one should be subjected to severe or unfair treatment, according to the rule of law. Rule of law states that everyone should be subject to the law rather than being ruled by anyone, including men, authorities, or anyone else who satisfies the criteria of a person. Rule of law refers to the rule of the land, which is the law that governs everything pertaining to Indian territory.

Dicey’s Rule Of Law

Professor Dicey states theory for achieving Rule of law, three principles must be followed that are:

• Supremacy Of law means the government or state must not be given wide powers so that they cannot make the use of their power arbitrarily but they must be governed according to the laws. And it is the law that should dominate over any other power to avoid any arbitrariness and that is possible only when the Law is supreme.
• Equality before the law means there must be equality between all classes of people irrespective of their position i.e. No man is more supreme than the law and every person should be treated equally in the eyes of the law.
• The predominance of legal spirit here refers to a spirit of fairness. This suggests that justice should be followed when making or enacting laws, not the other way around. To reinforce the Rule of Law under the Indian Constitution, the Indian Judiciary adheres to this notion. According to the concept of the rule of law, all administrative or judicial actions must be carried out in accordance with Indian legal regulations.

Role of ‘Rule of Law’ in India 

Rule of Law has played a significant role in developing democracy and the supremacy of law in India. Our Constitution framers had framed the Rule of law from England. The Indian Constitution is supreme and no person is more supreme than the Indian Constitution. Basically, Part 3 of the Indian Constitution enshrined the Rule of law as a fundamental rights.

Equality of law under Article 14 is one of the considerations of the Dicey rule. Also, Article 22 provides the Right of liberty which means etc are the rights that are governed and implemented by the theory of the Rule of law.

In case of violation of Part-3, the person can move to the Supreme Court or High Court respectively under Articles 32 and Articles 226 of the Indian Constitution. The Constitution of India supports the Rule of law with the principles of law i.e. justice, equality, and liberty.  So, it means any law made by the parliament must be in accordance with the Constitution. So, the law in the Constitution is supreme.

Basic principles of rule of law 

The doctrine of rule of law comprises several basic principles. Some of them are as follows:

1. Supremacy of Law. Law is above everyone irrespective of an individual’s rank, status or position. 
2. Whims and Fancies play no role in a state where rule of law prevails. All the actions of the legislature and the executive are held in accordance with laws. 
3. No person shall suffer due to the arbitrariness of another. One can be punished only by the procedure established by law and for the violation of such law.
4. The absence of arbitrariness and discretionary decision-making is the heart and soul of the Rule of Law. 
5. The rule of law entails equality before the law and equal protection of the law.
6. There are powers provided to people holding specific authority. Such power shall be exercised keeping in mind the limitations and boundaries that are set by the law itself. 
7. Law provides protection and justice against any tyrannical action taken by the executive. 
8. The judiciary is the preserver as well as the protector of the rule of law. It is meant to be independent and free from biases.
9. For every action taken by the executive, just procedure should be followed, and fair treatment should be provided to all the individuals. 
10. A speedy trial is the basic component of rule of law. It entails ‘Justice delayed is justice denied’. 

Judiciary’s role in the Rule of law

The “Habeas Corpus case” is one of the well-known cases. The court was asked whether there was any other form of the rule of law in India outside what was outlined in Article 21 of the Indian Constitution. According to the Supreme Court, no one had the right to pursue a petition of habeas corpus under the Emergency. The presidential order suspending the right to life and liberty prevents anybody from challenging it in court on the principles of the rule of law. Later, the 44th amendment to the constitution stated that Articles 20 and 21’s enforcement cannot ever be stopped. In the Kesavananda Bharati case, the Supreme Court held that the Rule of law is one of the most important parts for constituting the doctrine of basic structure.

Conclusion:

One could argue that achieving the Supremacy of Law depends on the Rule of Law. By establishing a connection between the Rule of law and human rights, the court also contributed to the achievement of this objective. The court is responsible for requiring the government to uphold the rule of law and conduct its operations in a way that does not jeopardize peoples’ other rights and fundamental freedoms. The finest illustration of how the rule of law in Indian society has advanced in a new direction toward protecting citizens’ rights is provided by Writs, Public Interest Litigation (PIL), and other similar actions. the legislation states as a result