Arbitrary Punishment is illegal The Rule of Law writes Dicey, “Means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness of prerogative, or even of wide discretionary authority on the part of the government.
Englishmen are ruled by the law, and by the law alone; a man may, with us, be punished for a breach of the law, but, he can be punished for nothing else.” Law is supreme over both the citizens and the government. Its supremacy protects the life, liberty and rights of the individuals. No person can be punished by the government except when he has violated a law and his guilt is proved before a duly- constituted court of law.
Trial must be held in an open court with free access to the public. The accused person has the right of being represented and defended by a counsel of his own choice. In all serious criminal cases he should be tried by a jury. Judgment is pronounced in an open court with a right of appeal to a high court. The possession of these rights by the citizens reduces to a minimum the possibility of arbitrariness and oppression by a government officer, high or low.