UPSC Prelims 2018 Q45: Indian Polity – Political Theory & Concepts
- (a) 1 and 3 only
- (b) 2 and 4 only
- (c) 1, 2 and 4 only
- (d) 1, 2, 3 and 4
Answer: (c) 1, 2 and 4 only
Explanation
Rule of Law - Main Features (A.V. Dicey and Modern Interpretation)
A.V. Dicey's classical formulation (1885) has three pillars: (i) supremacy of law over arbitrary power, (ii) equality before the law, (iii) constitution is the result of ordinary law of the land.
Modern expansion includes:
| Feature | Rule of Law? | Detail |
|---|---|---|
| 1. Limitation of powers | YES | Government must operate within legal limits; no arbitrary exercise of power. |
| 2. Equality before law | YES | Everyone equal before law, regardless of status. Directly from Dicey's second pillar and enshrined in Art. 14 of Indian Constitution. |
| 3. People's responsibility to Government | NO | Rule of law is about government's responsibility to citizens through law, NOT the reverse. |
| 4. Liberty and civil rights | YES | Rule of law includes protection of fundamental liberties - articulated in Dicey's third pillar (constitution reflects the law of the land protecting rights). |
Answer: (c) 1, 2 and 4 only.
Why each option is right or wrong
- (a) Incorrect. Statement 3 (people's responsibility to Government) is not a feature of rule of law - rule of law is about government's accountability to law.
- (b) Incorrect. Statements 1 and 4 are also features of rule of law.
- (c) CORRECT. Rule of law includes limitation of powers, equality before law and protection of liberty/civil rights - but not the reverse duty of citizens to Government.
- (d) Incorrect. Statement 3 is not a feature of rule of law.
Key point
Rule of Law (Dicey + modern): (i) Supremacy/limitation of arbitrary power, (ii) Equality before law, (iii) Protection of liberty/civil rights through law. NOT 'people's duty to Government' - that is a totalitarian inversion.
Remember
The main features of the Rule of Law - articulated by A.V. Dicey and refined by modern political theory - are: limitation of governmental powers, equality before the law, and protection of liberty and civil rights. 'People's responsibility to Government' inverts the concept - the Rule of Law is fundamentally about Government being accountable to law and to citizens, not the other way around.
Common mistakes
- Assuming 'responsibility to Government' is a virtue in rule of law - actually rule of law flips this: Government is responsible to law, and to citizens.
- Confusing rule of law with rule BY law (where the state uses law as a tool to control citizens - common in authoritarian regimes).
- Missing that Article 14 of the Indian Constitution operationalises equality-before-law from Dicey's framework.
Exam tip
Rule of law = the LAW rules, not rulers. Government is bound by law. Citizens are equal before law. Fundamental rights are protected. NOT the same as 'law and order' or citizens obeying government blindly.
Sources
- A.V. Dicey - Introduction to the Study of the Law of the Constitution (1885)
- NCERT Class 11 Political Theory (Chapter on Rights and Rule of Law)