SOCIAL

JURISPRUDENCE
AND LEGAL
TRANSFORMATIO
N IN INDIAN
PERSPECTIVE
INDEX

• The Sociological school of Jurisprudence advocates that the Law and society are related to
each other. This school argues that the law is a social phenomenon because it has a major impact
on society. August Comte (1798-1857) was a French Philosopher.
INTRODUCTION
HISTORY
Scope and Objectives
Drawbacks of Social Jurisprudence
Reasons for Emergence of Social
Jurisprudence
Characteristics of Social
Jurisprudence
Social Jurisprudence and the Role of
Judiciary
• Affirmative Action under DPSP (1 Slide)

• PIL and Judicial Activism (1 slide)

Cases where Apex Court has upheld Social Jurisprudence
Positivist Jurisprudence
• The Principle of “Separation of Power” provides the boundary of work for every domain of the State,
executive, legislature and, the judiciary. The over interference in the work of each one’s domain can create
a situation of tension within the state. Sometimes, the Judges while exercising their “Judicial activism”
cross the lines supersede the boundary of the legislature by exercising the delegated power of legislation
and start making laws. To avoid such an embarrassing situation, the jurists have propounded the theory of
“positivist jurisprudence”.

• The concept states that the law-making power is vested in the legislature and the judiciary should avoid
interference by crossing the separation of power. However, the concept is little different from the nuance of
the social jurisprudence but it emphasizes on the literal rule of construction which would provide free hands
to the Judges to decide cases with their notions. So, the Judges need to put a balance while exercising such
an approach and adhere to the “judicial restraint” as well about the situation of the cases and escape from
excessive interference in the domain of the legislature by exercising “social jurisprudence”.
Political rights upheld
The silent observation of the court towards the arbitrary internet suspension action in Kashmir shows how
courts have restrained itself from interfering in executive action towards the protection of political rights.
However, Judges like D.Y Chandrachud have applied a different approach in Bhima-Koregaon case where the
Maharashtra government had arrested the political activists having alleged engagement in the violence. Justice
D.Y Chandrachud upheld the right to dissent in the case hence protecting the political rights of the Citizens. In
Maharashtra government formation case, where the issue of the defection of legislative assembly members the
apex court ordered the Governor to conduct the food test. These contemporary issues show that there is a need
for balance in the political rights and the social rights of the citizens in the era of evolving social
jurisprudence.
Social Jurisprudence and Legal
Reforms
Conclusion