Rule by law
Topic: State, Government and Governance: Organs, Levels and the Citizen · NCERT: Beyond NCERT
Meaning
Rule by law means rulers use law as a tool to control others, but they do not accept that the law binds them too. Laws are made or changed to serve those in power. It is the opposite of the rule of law, under which everyone must follow the law, including the government. Whether a country has rule of law or rule by law decides whether it is a true constitutional democracy.
Example
The 39th Amendment (1975) put the Prime Minister's election beyond the reach of the courts. Here, law was used to protect the ruler. In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down that part.
Don't confuse with
- Rule of law: under rule of law, law limits the rulers as well as the ruled. Under rule by law, law limits only the ruled.