Service Matters

Rule of Law

The rule of law means the no one is above law and rights of every are protected under rule of law.

Core Principle of the Constitution

The rule of law forms the core of the Indian Constitution. It emphasizes that all power exercised by the State—whether by the Legislature, the Executive, or any other authority—must remain within constitutional boundaries.

Right to Challenge Constitutional Violations

If the Executive adopts any practice that is in flagrant (open) and systematic violation of its constitutional limitations, then any member of the public has the right and sufficient interest to challenge such practices before the courts.

Supremacy of Law Over Individuals

The Constitution envisions a rule of law and not a rule of men. It acknowledges that no person is above the law, regardless of their position. Everyone is bound by the Constitution.

Responsibility of Constitutional Functionaries

All constitutional authorities and functionaries must operate within the limits set by the Constitution. This is a primordial (fundamental) value of governance.

Ultimate Essence of Rule of Law

The ultimate essence of rule of law is that every organ of the State has a responsibility to function within the four corners of constitutional responsibility.

The Article 311 of the Constitution of India protect the employees from illegal termination without giving opportunity of of hearing to the employee.

Key Judicial Precedents Supporting the Rule of Law

Nandini Sundar vs. State of Chhattisgarh, (2011) 7 SCC 547 – Para 84

Pancham Chand vs. State of Himachal Pradesh & Others, AIR 2008 SC 1888 – Para 17

I.R. Coelho vs. State of Tamil Nadu, AIR 2007 SC 861 (Nine-Judge Bench) – Para 49

Dr. D.C. Wadhwa vs. State of Bihar & Others, AIR 1987 SC 579 – Para 3

Constitutional Powers of the Governor

While exercising powers under Articles 163 and 164 of the Constitution, the Governor has the authority to appoint a person as Chief Minister or Minister, even if that person is ineligible for membership of the legislature.

Will of the People vs. Constitution

The Governor is not bound by the will of the people if that will is contrary to the Constitution or any law. The Constitution takes precedence over public opinion or political majority.

Constitution: Adopted by the People, for the People

The Constitution of India has been adopted, enacted, and given to the people of India by the people of India themselves. This reinforces the Constitution’s sovereign authority over all institutions and individuals.

Binding Nature of the Constitution

The supremacy of the Constitution mandates that all constitutional bodies and authorities must comply with its provisions. No authority is above or outside the purview of the Constitution.

Key Judicial Pronouncements Affirming Constitutional Supremacy

Supreme Court Advocates-on-Record Association vs. Union of India, (2016) 5 SCC 1 – Five-Judge Bench, Paras 293 & 296

I.R. Coelho vs. State of Tamil Nadu, AIR 2007 SC 861 – Nine-Judge Bench, Para 99

B.R. Kapur vs. State of Tamil Nadu & Another, (2001) 7 SCC 231 – Five-Judge Bench

His Holiness Kesavananda Bharati Sripadgalvaru & Others vs. State of Kerala & Another, AIR 1973 SC 1461 – Thirteen-Judge Bench