The rule of law is fundamental for the constitutional system which provides the judicial review of legislative and executive action. The role of courts is vital in protecting the rights and interests of citizens and in assuring the delivery of justice in democratic countries grounded in the rule of law. The usual law courts, with their procedural technicalities, are normally costly and function slower, contrary to the expectations of the litigants. This has paved the way for alternative mode of adjudication, in providing justice for the poor. ADR brings a fresh lease of life for the never-ending litigation, based on the substantive and procedural law of formal adjudication. Of late, government agencies and substantive legal rules motivated the private organizations to acquire their own internal conflict management systems. As ADR can be viewed as the litigant-friendly adjudication body in any given economic setup, the article advocates the ADR mode of adjudication that goes hand-in-hand with the societal requirement of justice delivery, which is the inherent objective of the rule of law.

The essence of the rule of law is that power ought to be used only in ways allowed by the law. Moreover, the rule of law is a whole moral-political philosophy regarding what the law should accomplish and the ideals that it should uphold. The rule of law constructs an autonomous legal order. Since the state is the supreme autonomous entity within a political territory, it is assumed to hold all formal political authority derived from the people. The legitimacy of the government depends on the consent of the governed. However, there is no agreement among social contract theorists, as to what constitutes adequate consent. The consent-be ex-ante, before the legally binding transaction is set in motion-would be akin to consent in contract.

The rule of law entails that the ruler be subject to, or at least not above, the law; and that the law be applied equally, or at least equitably, to all members of society. The Constitution establishes a rule of law state. A key principle of a constitutional system is judicial review of legislative and executive action, which means that courts are there to protect the rights and interests of ordinary people, giving citizens reassurance and confidence that their voices would be heard.