DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW

BASICS OF LEGISLATION

TOPIC: SIGNIFANCE OF PUBLIC OPINION IN INDIA AND UNITED KINGDOM

SUBMITTED TO: SUBMITTED BY:

Dr. Shashank Shekhar Shrijaya Singh

Asstt. Prof.(law) Roll No. 131

1st year (1st semester)

PREFACE
‘Vox populi’ or public opinion is a term that is as hotly discussed and debated in legal studies as

much as it is in the studies of political science. Considering the prevalence of democracies and

governance according to the law of the land, its significance only seems to be rising. Much has

already been said about the influence of public opinion in England. However, in this term paper,

an effort will be made to understand its significance in the theoretical concept pertaining to India.

India’s political history is proof that we are a land of ‘Weak state and strong society’. Even in the

constituent assembly, an effort was made to recognize and incorporate the views of the Indian

people in a manner that the resultant constitution becomes a reflection of the ideals of the majority

population. This will be contrasted with the institution of public opinion existent in the United

Kingdom in both the traditional and the contemporary scenario. The similarities and dissimilarities

of expression and influence of public opinion shall be explored.

Subsequently, the extent of influence of public opinion in the present-day society can be seen in

the push made for the Jan Lokpal Bill made during the Anna Andolan back in 2011 or the

strengthening of the anti-rape laws after the widespread protest against 2012 Nirbhaya rape case.

Looking at more recent occurrences, we could see the unruly protests against the amendemt of the

SC/ST Act. We must put a thought into the formation of public opinion and how genuinely its

expression is reflective of the actual public sentiments and concerns. It is time we critically analyse

how justified and productive their expression vis-à-vis their drawbacks.

 INTRODUCTION

Public opinion consists of the desires, wants and the thinking of the majority of the people. It is

the collective opinion of the people of a society on an issue or a problem. Moreover, public opinion

has a significant impact on the legislation of the countries under focus i.e. India and England. So

it has been defined in a suitable manner by a no. of legal theorists such as Dicey, Bentham etc.

RELATION BETWEEN LAW AND PUBLIC OPINION

Law and public opinion may both be the result of the customs. The constitution makers made an

effort to address the public concerns and majority views in the constitution while keeping in mind

the interests of the minority communities as well. The public opinion may or may not find

acceptance in the legislations.

FORMATION OF PUBLIC OPINION

Formation of public opinion can happen through a multiple sources such as- press (online and

offline), cinema and radio, political parties, non-governmental organizations,, educational

institutions. This aspect is important to scrutinize as the public could be misled, misinformed or

brainwashed. The views expressed might just pertain to short-term individual interests rather

than li=on-term collective good of the nation.

PUBLIC OPINION IN ENGLAND

Public opinion has held a great deal of importance in the legislation of the United Kingdom

overtime. Much has been written about the relation between law and public opinion during the

periods of Toryism, Benthamism (or individualism), collectivism. The opinions of major legal

stalwarts on public opinion such as James Bryce, A V Dicey, Jeremy Benthem, John Mill, etc.
 PUBLIC OPINION IN INDIA

In India, democratic conventions and traditions are still in a blossoming stage. Attempts to affect

law-making process is made through expressing opinions in demonstration, agitations, etc. and

lately even on social media platforms through posts, memes, blogs, etc.

CONCERNS REGARDING PUBLIC OPINION

Public opinion has multiple facets to it. It may not always operate in a constructive manner. It

might just be a selfish whimsical demand of a particular community or opinions attempting to

bee imposed through mob violence or lawful protests regarding collective interest which is

conducive to the growth of the nation.

CONCLUSION

Comparing and evaluating the concept and impact of public opinion in India and the United

Kingdom. Arriving at a conclusion as to how public opinion is affecting the legislative process

and how productive it has been in the legal context. Concluding the importance of public opinion

in the current scenario and how it has the potential of being exploited for the sake of serving selfish

ends.

REFERENCES”

1. “Theory of law and public opinion” Jeremy Bentham

2. “Law and public opinion in England” A. V. Dicey

3. “Theory of legislation” Jeremy Bentham

4. www.legalservicesindia.com

5. “Public Opinion” W. Phillips Davison