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Q45 (IAS/2018) Polity & Governance ā€ŗ Fundamental Rights, DPSP & Fundamental Duties ā€ŗ Rule of law Official Key

Which of the following are regarded as the main features of the "Rule of Law" ? 1. Limitation of powers 2. Equality before law 3. People's responsibility to the Government 4. Liberty and civil rights Select the correct answer using the code given below :

Result
Your answer: ā€”  Ā·  Correct: C
Explanation

The correct answer is option C (1, 2 and 4 only). Rule of law means government according to rule as opposed to arbitrary government; it means government limited by the terms of a constitution[1], which establishes **limitation of powers** (statement 1). A.V. Dicey's doctrine of rule of law includes absence of arbitrary power (no man can be punished except for a breach of law) and equality before the law (equal subjection of all citizens to the ordinary law of the land)[2], confirming **equality before law** (statement 2). Rule of law is identified as one of the eight elements of constitutionalism along with respect for individual rights[3], supporting **liberty and civil rights** (statement 4). However, "people's responsibility to the government" (statement 3) is not a feature of rule of law. Rather, rule of law emphasizes the government's accountability to law and people, not the reverse. Rule of law is the foundation of any democracy, meaning that no person is above the law[4], which implies governmental responsibility to citizens, not citizen responsibility to government.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 3: Concept of the Constitution > II Definition > p. 25
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 3: Concept of the Constitution > El l Elements > p. 26
  4. [4] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Equality > p. 79
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Q. Which of the following are regarded as the main features of the "Rule of Law" ? 1. Limitation of powers 2. Equality before law 3. Peopā€¦
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 Ā· 0/10
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This is a classic 'Conceptual Definition' question. It filters candidates who understand the *philosophy* of the Constitution (Constitutionalism) from those who merely memorize articles. The key is realizing that 'Rule of Law' is a mechanism to constrain the State, not a tool to enforce obedience from citizens.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is "limitation of powers" regarded as a main feature of the "Rule of Law"?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 3: Concept of the Constitution > II Definition > p. 25
Presence: 5/5
ā€œIt means government according to rule as opposed to arbitrary government; it means government limited by the terms of a constitution, not government limited only by the desires and capacities of those who exercise power." 14. Ā„bema: A form of government can only be classified as constitutional when the rulers are subject to a body of rules and principles, which limit the exercise of their power.ā€
Why this source?
  • Provides an explicit definition linking 'Rule of Law' to government being limited by a constitution (i.e., limitation of power).
  • Frames 'government limited by rules' as the contrast to arbitrary government, directly tying limitation to the concept.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 45
Presence: 4/5
ā€œAs May puts it- The Constitution has assigned no limits to the authority of Parliament over all matters and persons within its jurisdiction. A law may be unjust and contrary to the principles of sound government. But Parliament is not controlled in its discretion, and when it errs, its errors can be corrected only by itself. So, English Judges have denied themselves any power "to sit as a court of appeal against Parliament". The Indian Constitution wonderfully adopts the via media between the American system of Judicial Supremacy and the English principle of Parliamentary Supremacy, by endowing the Judiciary with the power of declaring a law as unconstitutional if it is beyond the competence of the Legislature according to the distribution of powers provided by the Constitution, or if it is in contravention.ā€
Why this source?
  • Describes the Constitution's balancing act that empowers judiciary to declare laws unconstitutional, showing a practical mechanism that limits legislative power under Rule of Law.
  • Contrasts Parliamentary supremacy with judicial review, implying Rule of Law involves checks on legislative authority.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 44
Presence: 4/5
ā€œJudicial power of the State exercisable by the courts under the Constitution as sentinels of Rule of Law is a basic feature of the Constitution. It:! Compromise between Judicial Review and Parliamentary Supremacy. Indeed, the harmonisation which our Constitution has effected between Parliamentary Sovereignty and a written Constitution with a provision for Judicial Review, is a unique achievement of the framers of our Constitution. absolute b.alance of p owers between the different organs of government is an impracticable thing and, in practice, the final say must belongā€
Why this source?
  • Calls judicial power 'sentinels of Rule of Law', indicating judiciary's role in restraining other organs.
  • Mentions the harmonisation between judicial review and parliamentary supremacy, implying limitation of powers is central to Rule of Law.
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Statement analysis

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Statement analysis

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