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Q45
(IAS/2018)
Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › 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:
—
·
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 3: Concept of the Constitution > II Definition > p. 25
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 3: Concept of the Constitution > El l Elements > p. 26
- [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. Peop…
At a glance
Origin:
From standard books
Fairness:
High fairness
Books / CA:
10/10 · 0/10
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"?
- Statement 2: Is "equality before law" regarded as a main feature of the "Rule of Law"?
- Statement 3: Is "people's responsibility to the government" regarded as a main feature of the "Rule of Law"?
- Statement 4: Are "liberty and civil rights" regarded as main features of the "Rule of Law"?
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
“It 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. ¥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.”
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
“As 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.”
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
“Judicial 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 belong”
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.
Statement 2
Is "equality before law" regarded as a main feature of the "Rule of Law"?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
Presence: 5/5
“Equality before the law, as a student of English Constitutional law knows, is the Ean b Ii La . second corollary from Dicey's46 concept of the Rule of Law. The equality before law is correlative to the concept of Rule of Law for all round evaluation of healthy social order. doctrine of equality before law is a necessary corollary to the concept of the rule of law. It is a declaration of equality of all persons within the territory of India, implying thereby the absence of any privilege in favour of any individual. It means that no man is above the law of the land and that every person, whatever be his rank or status, is subject to the ordinary law and amenable to the jurisdiction of the ordinary tribunals.”
Why this source?
- Explicitly states equality before law is a corollary of Dicey’s concept of the Rule of Law.
- Describes equality before law as correlative to and necessary for the rule of law (no one above the law).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
Presence: 5/5
“In other words, there is no system of judicial review in Great Britain. 6. Rule of Law The doctrine of rule of law is one of the fundamental characteristics of the British constitutional system. It lays down that the law is supreme and hence the Government must act according to law and within the limits of the law. A.V. Dicey in his book The Law of the Constitution (1885), has given the following three implications of the doctrine of rule of law: (i) Absence of arbitrary power, that is no man can be punished except for a breach of law. (ii) Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.”
Why this source?
- Cites A.V. Dicey’s three implications of the doctrine of Rule of Law, listing 'Equality before the law' as one implication.
- Frames equality before law as a fundamental characteristic of the British constitutional system under the rule of law.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Equality > p. 79
Presence: 4/5
“The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law. Rule of law is the foundation of any democracy. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen. Every citizen, from the Prime Minister to a small farmer in a remote village, is subjected to the same laws.”
Why this source?
- Equates the constitutional guarantee of equality before the law with the idea of the 'rule of law'.
- States plainly that 'no person is above the law', linking equality before law to the foundation of democracy/rule of law.
Statement 3
Is "people's responsibility to the government" regarded as a main feature of the "Rule of Law"?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Equality > p. 79
Presence: 5/5
“The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law. Rule of law is the foundation of any democracy. It means that no person is above the law. There cannot be any distinction between a political leader, government official and an ordinary citizen. Every citizen, from the Prime Minister to a small farmer in a remote village, is subjected to the same laws.”
Why this source?
- Explicitly states that laws apply equally to all and that no person is above the law — implying citizens are subject to legal obligations.
- Defines 'rule of law' as the foundation of democracy and emphasises equal subjection of every citizen to the law.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
Presence: 5/5
“In other words, there is no system of judicial review in Great Britain. 6. Rule of Law The doctrine of rule of law is one of the fundamental characteristics of the British constitutional system. It lays down that the law is supreme and hence the Government must act according to law and within the limits of the law. A.V. Dicey in his book The Law of the Constitution (1885), has given the following three implications of the doctrine of rule of law: (i) Absence of arbitrary power, that is no man can be punished except for a breach of law. (ii) Equality before the law, that is, equal subjection of all citizens (rich or poor, high or low, official or non-official) to the ordinary law of the land administered by the ordinary law courts.”
Why this source?
- Dicey's formulation includes 'equality before the law' — described as equal subjection of all citizens to ordinary law.
- States government must act according to law and within legal limits, which frames reciprocal obligations between law and those governed.
Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 6: Administrative Organisation and Social and Cultural Policy > The Rule of Law > p. 112
Presence: 4/5
“The British introduced the modern concept of the rule of law. This meant that their administration was to be carried out, at least in theory, in obedience to laws, which clearly defined the rights, privileges, and obligations of the subjects and not according to the caprice or personal discretion of the ruler. In practice, of course, the bureaucracy and the police enjoyed arbitrary powers and interfered with the rights and liberties of the people.”
Why this source?
- Explains rule of law as administration carried out in obedience to laws that clearly define rights, privileges and obligations of subjects.
- Connects the concept historically to defining citizens' obligations to the legal order rather than arbitrary rule.
Statement 4
Are "liberty and civil rights" regarded as main features of the "Rule of Law"?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > REFERENCES > p. 164
Presence: 4/5
“"Rule of Law" to be a "basic feature" of our Constitution, — apart from its specific and express provisions [Indira v Raj Narain, AIR 1975 SC 2299 (Ray CJ, Khanna J, Chandrachud [1].
• 14. Eg, right to travel abroad deduced from "personal liberty" in Article 21 [Maneka v UOI, AIR 1978 SC 597, para 54: (1978) 1 SCC 248, affirming Satwant Assistant Passport Officer, AIR 1967 SC 1836, p 1844-45]; so also right to privacy deduced from Article 19 and 21 [Justice K S Puttastvamy v UOI, AIR 2017 SC 4161 (a nine judge Bench)”
Why this source?
- Explicitly treats 'Rule of Law' as a basic feature of the Constitution and connects it to fundamental rights (liberty/privacy) derived under Article 21.
- Links judicial recognition of personal liberty and related rights to the constitutional framework in which Rule of Law operates.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 3: Concept of the Constitution > El l Elements > p. 26
Presence: 5/5
“The constitutional scholar, Louis Henkin, identified eight elements (features or principles) of constitutionalism. These are mentioned below1s. • 15 Ybema, S.P., Constitutionalism and Civil Liberties, Leiden University Press, Leiden, 1973, p. 1. • 16 Henkin, Louis, A New Birth of Constitutiona lism: Genetic Influences and Genetic Defects. Chapter 2 in Constitutionalism, Identity, Difference and • Popular sovereignty • Rule of law • Democratic government (responsible and accountable government) • Separation of powers (checks and balances) • An independent judiciary • Civilian control of the military • Police governed by law and judicial control • Respect for individual rights Legitimacy: Theoretical Perspectives, Edited by Michel Rosenfeld.”
Why this source?
- Lists 'Rule of law' and 'Respect for individual rights' together as core elements of constitutionalism (Henkin's elements).
- Directly associates individual rights with the principles that underpin the Rule of Law.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
Presence: 5/5
“But the classification should not be arbitrary, artificial or evasive. Rather, it should be based on an intelligible differentia l and substantial distinction. Rule of Law The concept of 'equality before law' is an element of the concept of 'Rule of Law', proposed by A.V. Dicey, the British jurist. His concept has the following three elements or aspects: • (i) Absence of arbitrary power, that is, no man can be punished except for a breach of law The first and the second elements are applicable to the Indian System and not the third one. In the Indian System, the constitution is the source of the individual rights.”
Why this source?
- Cites A.V. Dicey's concept where 'equality before law' (a civil-rights idea) is identified as an element of the Rule of Law.
- Shows classical jurisprudential linkage between rights/equality and the Rule of Law.
Pattern takeaway:
UPSC consistently asks for the 'essential feature' or 'definition' of core political concepts (e.g., Liberty in 2019, State in 2021, Constitutional Government in 2014/2020). These questions require eliminating options that sound 'administrative' but lack 'philosophical' weight.
How you should have studied
- [THE VERDICT]: Sitter for conceptual learners; Trap for casual readers. Source: Laxmikanth (Chapter on Fundamental Rights/Rule of Law) or NCERT Class XI (Political Theory).
- [THE CONCEPTUAL TRIGGER]: The concept of 'Constitutionalism' and Article 14. Whenever you read 'Rule of Law', immediately recall A.V. Dicey's three principles.
- [THE HORIZONTAL EXPANSION]: Memorize Dicey's 3 tenets: (1) Absence of Arbitrary Power, (2) Equality before Law, (3) Predominance of Legal Spirit. Contrast 'Rule of Law' (UK) vs 'Due Process of Law' (USA) vs 'Procedure Established by Law' (India/Japan). Understand 'Lex Rex' (Law is King) vs 'Rex Lex' (King is Law).
- [THE STRATEGIC METACOGNITION]: Always check the 'Direction of Accountability'. In Constitutionalism, the arrow points from the Government to the Law. Statement 3 reverses this (People -> Government), which is a feature of authoritarianism, not Rule of Law.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Rule of Law as limitation by constitution
💡 The insight
Reference [8] defines Rule of Law as government limited by constitutional rules rather than arbitrary rulers, directly tying limitation of powers to the concept.
High-yield for UPSC: clarifies a core constitutional theory tested in polity questions. Connects to topics on constitutionalism, separation of powers, and Article 14. Useful for answering questions on rule of law, judicial review, and limits on state power.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 3: Concept of the Constitution > II Definition > p. 25
🔗 Anchor: "Is "limitation of powers" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S1
👉 Judicial review as a mechanism to limit power
💡 The insight
References [1] and [7] describe judiciary declaring laws unconstitutional and acting as 'sentinels' of Rule of Law, showing how limitation operates in practice.
Important for UPSC answers on checks and balances and the role of judiciary; links doctrine to case-law and institutional functions. Helps frame questions on judicial activism, separation of powers, and constitutional remedies.
📚 Reading List :
- 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
- 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
🔗 Anchor: "Is "limitation of powers" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S1
👉 Limited amending power / basic structure constraint
💡 The insight
References about basic structure and limited amending power (e.g., [3],[4],[5],[10]) show constitutional limits on Parliament, reinforcing that limitation of powers is embedded in the constitutional framework tied to Rule of Law.
Crucial for UPSC because the basic-structure doctrine is repeatedly examined in polity; connects amendment procedure, judicial review, and protection of fundamental features. Enables answers on constitutional amendments, parliamentary limits, and the durability of Rule of Law.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 197
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 128
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 128
🔗 Anchor: "Is "limitation of powers" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S2
👉 Dicey's Rule of Law (three implications)
💡 The insight
Multiple references cite Dicey and list equality before the law as one of Dicey’s core implications of the Rule of Law.
High-yield for UPSC: explains a foundational doctrine used in constitutional law questions (rule of law, judicial review, basic structure). Knowing Dicey’s implications lets candidates connect historical doctrine to Indian constitutional interpretation and judicial pronouncements.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
🔗 Anchor: "Is "equality before law" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S2
👉 Article 14: 'Equality before law' vs 'Equal protection of laws'
💡 The insight
References explain Article 14’s twofold phrasing and note the different origins and meanings of the two halves.
Crucial for questions on fundamental rights and constitutional interpretation: distinguishes formal equality from positive protection, links to case law and amendment/basic structure debates, and helps answer questions on scope and exceptions to Article 14.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 77
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 100
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 102
🔗 Anchor: "Is "equality before law" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S2
👉 Formal vs Substantive Equality
💡 The insight
Sources contrast 'equality before law' (formal equality) with 'equal protection' and substantive/distributive justice requiring affirmative action.
Important for UPSC essays and mains answers on social justice, reservations, and public policy: shows how legal equality may be insufficient and why affirmative measures are constitutionally recognised.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 102
- Political Theory, Class XI (NCERT 2025 ed.) > Chapter 3: Equality > Equality Through Differential Treatment > p. 45
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 100
🔗 Anchor: "Is "equality before law" regarded as a main feature of the "Rule of Law"?"
📌 Adjacent topic to master
S3
👉 Equality before the law (equal subjection)
💡 The insight
Several references (Dicey and NCERT) emphasise that rule of law means all persons are equally subject to the law — a core idea underlying citizens' duties under law.
High-yield for polity questions: appears in definitions of rule of law, constitutional provisions, and judicial review debates. Mastering this clarifies distinctions between rule of law, equality, and legal accountability and enables answers on citizens' rights vs. obligations and Diceyan doctrine.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > T BRITISH CONSTITUTION > p. 678
- Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > Right to Equality > p. 79
🔗 Anchor: "Is "people's responsibility to the government" regarded as a main feature of the..."
🌑 The Hidden Trap
Laxmikanth explicitly notes that Dicey's third principle ('Constitution is the result of the ordinary law of the land') does NOT apply to India. In India, the Constitution is the *source* of individual rights, not the result of them. A future question will test this specific distinction.
⚡ Elimination Cheat Code
Use the 'Anti-Authoritarian' filter. Rule of Law is a liberal democratic concept. Statement 3 ('People's responsibility to the Government') implies blind obedience or a regimented state. In a democracy, the government is responsible to the people, not vice versa. If Statement 3 feels 'dictatorial', eliminate it. This removes options A and D immediately.
🔗 Mains Connection
Link this to GS-2 (Governance) and GS-4 (Ethics). In Ethics, distinguish between 'Rule of Law' (Justice/Fairness) and 'Rule by Law' (using law as a tool of oppression, e.g., Apartheid or Colonial India).
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