Rule of Law

The rule of law means that public power must be exercised under law rather than arbitrary will. It requires legal norms to be adequately publicised and practically accessible, as well as sufficiently clear, stable and predictable for people to ascertain their rights, duties and liabilities. It does not prevent legal change, but requires changes to be made through lawful and publicly ascertainable procedures.

Publicity and meaningful accessibility

A norm intended to bind the public must be promulgated through a mode prescribed or recognised by law. Mere creation of a rule within government is insufficient if those affected have no reasonable means of knowing it.

• Official publication should make the issuing authority, text, date of publication, scope and commencement of a legal instrument ascertainable.
• Acts, rules, regulations, orders and notifications should be traceable to the competent authority and, where relevant, to their enabling legislation.
• Amendments, repeals and corrigenda should be linked to the affected provisions so that users can identify the law currently in force.
• Digital legal publishing advances accessibility when texts are searchable, readable, durable and accompanied by an identifiable authentic version and publication record.
• In Harla v. State of Rajasthan, the Supreme Court held that a law could not bind the public without adequate promulgation or publication.

Certainty and predictability of law

Legal certainty enables a person, with appropriate advice where necessary, to determine the applicable law and reasonably foresee the legal consequences of conduct. Absolute precision is not required, but uncertainty must not leave rights and liabilities to unstructured official discretion.

• Legal provisions should use intelligible language and avoid unnecessary vagueness, inconsistency and contradiction.
• The date of commencement must be distinguishable from the date of enactment or publication whenever they differ.
• Clear transitional provisions are important when a new norm alters existing rights, procedures or obligations.
• Updated consolidated texts and accessible amendment histories help users distinguish the current law from superseded versions.
• Administrative discretion should be exercised under publicly known legal standards rather than personal or arbitrary choice.

Constitutional significance and limits

Although accessibility and certainty operate as general rule-of-law requirements, particular constitutional guarantees provide them concrete protection in India.

• Article 14 subjects State action to equality and the prohibition of arbitrariness.
• Article 20(1) prohibits conviction for an act that was not an offence when committed and prohibits imposition of a penalty greater than that applicable at that time.
• Article 21 requires deprivations of life or personal liberty to follow a legally established procedure that satisfies constitutional standards of fairness and non-arbitrariness.
• The rule of law is recognised as part of the basic structure of the Constitution.
• Prospectivity is not an absolute requirement for every kind of law; retrospective civil or fiscal legislation may be enacted subject to legislative competence and other constitutional limitations, while Article 20(1) specifically bars retrospective criminal liability and enhanced punishment.

How UPSC asks this