TITLE

AN ANALYSIS OF THE ROLE OF LEGAL POSITIVISM IN A PLURALIST

SOCIETY LIKE INDIA

ABSTRACT
Legal positivism has emerged as one of the most influential schools of
jurisprudence.The concept of positivism gained a lot of traction in 19th century owing
to the contributions of various jurists such as Jeremy Bentham and John Austin.One
of the fundamental principles of positivism is that it is not necessary for the law to be
related with morality.The concept of morality is subjective.What may be considered
moral by one community,may not be so for another and therefore in a pluralist society
like India which comprises of people of various ethnicity, social classes,religions,etc
the school of legal positivism is of relevance.Through this paper the author aims to
analyse what the role of legal positivism is in a pluralist society, bearing special
reference to Indian society.This paper will also analyse judicial decisions in India
where the relevance of legal positivism can be seen.The author also aims to examine
how a law devoid of moral considerations can prevent cumbersome problems that
may arise when the law takes into consideration the morality of the various social
groups,by analysing the viability of a Uniform Civil Code in India.

HYPOTHESIS
Legal positivism plays a significant role in ensuring uniformity in a pluralist society
like India.

RESEARCH QUESTIONS
1) What is the role and the scope of legal positivism in a culturally plural Indian
society?
2) How has the relevance of positivism been reflected by the courts of India?
3) Can a strict positive law such as the Uniform Civil Code be implemented in India
to ensure gender equality?

SCOPE OF RESEARCH
The area of research for this paper is confined to the role of Legal Positivism in a
culturally plural Indian Society.The paper will analyse how and to what extent legal
positivism is relevant to Indian society which comprises of people belonging to
various ethnicities,religions,castes and classes.
It will also look into judicial decisions such as the case of AK Gopalan vs State of
Madras in which reference was made to relevance of Positivism in India Society by
the courts.
Further the paper will examine if a Uniform Civil Code can be implemented in India
as a way to ensure gender equality and if so what will be it’s implications.

RESEARCH METHODOLOGY
The research methodology for this research paper was doctrinal.