The Rule of Law is a core value in the Indian Constitution. What does Rule of Law mean?

The foundational principle of the Constitution of India - the rule of law - is implicit and permeates its entire framework. Over the last 75 years since the Constitution was adopted, the Supreme Court of India has been interpreting and characterising the Constitution through numerous judgments, and is its final arbiter. The Court has ruled that “rule of law” is one of the pillars of the “basic structure” of the Constitution and cannot be amended by Parliament. 

Simply put, “rule of law” implies that the people of a nation are ruled by “law” and not by “man”. It does not prescribe which economic or political system a country should have. Whatever the system, laws must be applied in accordance with the rule of law. Nor is it synonymous with any of the rights or concepts of justice that a constitution may contain, but the rule of law facilitates the respect of such rights. 

So, the rule of law is an objective concept which defines how laws are interpreted and implemented. It is not concerned with the substance of the law - whether it is a criminal or a tax law. A government may follow the rule of law when making or implementing laws, but can still violate constitutional rights. Censorship, violations of personal liberty, expropriation of property, prohibition of alcohol, tobacco, or child labour, destruction of the environment, etc., are examples of policies that violate individual rights but could still be valid law.

By placing the constitution above all, the rule of law opposes the influence of arbitrary and discretionary government power. When the rules of the game are known to all, and there’s certainty about them, an individual is free to pursue their life and aspirations with the expectation that the government will not use its coercive powers to undermine their efforts. This becomes possible when there are effective checks and balances between various arms of the government - the Legislature, Executive and the Judiciary - acting as a restraint on over-concentration of power in the hands of anyone. A sufficiently independent Executive and Judiciary will act as a bulwark against the excesses of politicians. At the same time, the Legislature and Judiciary will protect against the Executive’s abuse of power and resources, and the Executive and Legislature will be guardians against the Judiciary seizing power through judicial activism.