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AV Dicey and the Concept of the Rule of Law in India

  The concept of the rule of law is an integral component of the modern constitutional form of government. It is impossible to conceive of democracy and constitutionalism without it. Rule of law is a natural corollary and animation of the natural rights of humans. The rule of law has generally been understood as encompassing the following three aspects: 1.      Paramountcy of the law 2.      Equality before the law 3.      The predominance of a legal spirit. Within Indian Constitution, the spirit of the rule of law is represented by Article 14 which has been given the status of a fundamental right. Rule of law is neither a ‘rule’ nor a ‘law’, but rather a doctrine of ‘state political morality’ that strives to find the right balance between the ‘powers’ of the state, and the ‘rights’ of individuals. It expresses the aspiration common to all free societies to be ruled by laws, rather than powerful men. The term rule of law is derived from the French phrase, la principe de l