Legal Positivism And Indian Constitution

Author Name – Dr. Seema Rani
Published By – Saptrishi Publications
Subject – LITERATURE

The author has specially focused on the concept of legal positivism in relation to the understanding of the great jurists such as Jeremy Bentham, Austin, Kelsen and H.L.A. Hart. The theory of Legal Positivism has been used by the judiciary in India while deciding landmark cases. Therefore, there have been cases in India where the judiciary has been influenced by the legal positivist school while giving the judgement such as A. K. Gopalan v. State of Madras. But with the change in the social needs and moral values of the peoples, legal positivism is insufficient to fulfill the aspiration of the people which led to the development of combination of sociological jurisprudence, natural law and legal positivism in the present century. However, the present time, the legal system gravity shifted from the statue law to the judgement law, but still the judges interpreted the statutory laws in a manner to fulfill the needs of society.