Question 26 of 31 · Preamble & Salient Features
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The Rule of Law, under which everyone is equal before the law and no one is above it, is regarded as the foundation of any:

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Answer: Option C — Democracy

Detailed Solution

The Rule of Law is the foundation of a democracy, because it ensures that the government acts according to the law and that every person, however powerful, is subject to the same law.

Meaning of the Rule of Law:

The concept was explained by the British jurist A.V. Dicey in his book "Introduction to the Study of the Law of the Constitution" (1885).

Dicey gave three principles:

Supremacy of law: No one can be punished except for a clear breach of law established in the ordinary courts. There is no arbitrary power.

Equality before the law: All persons, including government officials, are subject to the ordinary law and the ordinary courts.

The Constitution is the result of the ordinary law of the land: In Britain, rights come from judicial decisions rather than a written constitution.

Rule of Law in India:

Article 14 guarantees equality before the law and equal protection of the laws to all persons within the territory of India.

The first two elements of Dicey's concept apply to India. The third does not, because in India the Constitution itself is the source of individual rights.

The Supreme Court has held that the Rule of Law is a part of the basic structure of the Constitution.

Exceptions to equality before the law:

The President and the Governors enjoy certain immunities under Article 361.

Why the Rule of Law matters for democracy:

It protects citizens from arbitrary state action and makes the government accountable to the people and the courts.

Contrast with other forms of government:

  • In a monarchy, power may rest with a hereditary ruler.
  • In a dictatorship, a single person or group rules without accountability, and the law can be changed at will.
  • In a theocracy, religious authorities govern according to religious law.

Why not the other options?

  • ✗Monarchy, dictatorship and theocracy do not necessarily rest on the principle that the rulers are bound by the same law as the ruled.

Quick tip

Remember: Rule of Law = A.V. Dicey; foundation of democracy; Article 14 = equality before law.

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Preamble & Salient Features — Preparation

This question tests your understanding of Preamble & Salient Features, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Preamble of the Indian Constitution, the meaning of its key words (sovereign, socialist, secular, democratic, republic, justice, liberty, equality and fraternity), and the salient features of the Constitution, such as its federal structure with a unitary bias and the parliamentary form of government. Remember that the words 'socialist', 'secular' and 'integrity' were added by the 42nd Amendment in 1976, the only time the Preamble has been amended. Questions also test landmark cases on the Preamble: the Supreme Court held in the Kesavananda Bharati case (1973) that the Preamble is part of the Constitution. Practise the Preamble and salient features questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.