Question

The Second principle of Rule of Law ( of A.V. Dicey) relates to

• A. Equal protection of the laws
• B. Equality before law
• C. Dignity of the individual
• D. Administrative Courts

Hint:

Remember Dicey's three pillars of the Rule of Law as: 1. No Arbitrary Power, 2. Equality Before Ordinary Courts, and 3. Rights Flow from Court Decisions. His second principle strongly influenced Article 14 of the Indian Constitution.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the second principle of the 'Rule of Law' as formulated by the British jurist A.V. Dicey in his work "Introduction to the Study of the Law of the Constitution" (1885). Dicey's theory is a cornerstone of modern constitutionalism.
Step 2: Detailed Explanation:
A.V. Dicey elucidated the Rule of Law through three distinct but related principles: \begin{enumerate} \item Supremacy of Law: This is the first principle. It means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness or even of wide discretionary authority on the part of the government. \item Equality before the Law: This is the second principle. It means the equal subjection of all classes (including government officials) to the ordinary law of the land administered by the ordinary law courts. Dicey was particularly opposed to the French system of separate administrative courts (\textit{droit administratif}) for officials. \item Predominance of Legal Spirit: This is the third principle. It holds that the general principles of the constitution (like the right to personal liberty or freedom of assembly) are the result of judicial decisions determining the rights of private persons in particular cases brought before the courts. \end{enumerate} Therefore, the second principle is Equality before the law.
Step 3: Final Answer:
The Second principle of Rule of Law relates to Equality before law.