R. P. SETHI, J.

1. "Substantial agreement in juristic thought that the great purpose of the rule of law notion is the protection of the individual against arbitrary exercise of power, wherever it is found" observed Justice Mathew in his article The Welfare State, Rule of Law and Natural Justice.

"It is indeed unthinkable that in a democracy governed by the rule of law the executive Government or any of its officers should possess arbitrary power over the interests of the individual. Every action of the executive Government must, be informed with reasons and should be free from arbitrariness"

declared the Supreme Court in Ramana V/s. I.A. Authority of India AIR 1979 SC 1628. The application of the principle and the rule of law makes no difference whether the exercise of power involves affectation of some right or denial of some privilege. The State Government being regulator and dispenser of special services and provider of a large number of benefits, is supposed to act fairly, impartially and in accordance with the provisions of law.

2. The Supreme Court in "The Director of Rationing and Distribution V/s. Corporation of Calcutta, AlR 1960 SC 1355, held," that in our country