NATURAL LAW AND ITS IMPACT

ON THE INDIAN CONSTITUTION

Submitted By: Gaurav Gandas

To: Proff. Subhradipta Sarkar

What is Natural Law?

Natural

law is known as higher law or the law of

nature which has been continually dominating the
entire basis of politics, law, religion and social
philosophy. Natural law is said to be those sets of
unwritten laws which contains the principles of
ought as revealed by the nature of man or reason or
derived from god. It is the understanding of a moral
law that is either given with nature and known
through reason or given with moral reason
independently of nature. Natural law is universal
and common to all humanity.

Natural

law theory is one of the oldest theories among

all the theories. Thus these laws are popularly said to
be god made laws. It is said to be emanated from
supreme source as observed by many jurist and
philosophers. Legal thinkers have expressed diverse
views on behalf of natural law. Natural law philosophy
dominated the Greece during 5th century BC when it
was believed it was eternal to man.

Natural

Law theories can be broadly divided into four

classes:
1. Ancient Period
2. Medieval Period
3. Period of Renaissance
4. Modern Period

Ancient Period: The concept of Natural Law

theory was developed by the Greeks philosophers
in the 4th century B.C. Socrates said that like
natural physical law there is a natural law. Man
possesses insight which reveals to him the
goodness and badness of things and makes him to
know the absolute and eternal moral rules. This
human insight is the basis to judge the law.

Medieval Period: This period starts from 12th

century to mid 14th century in the European
history. St. Thomas Aquinas defined the law as
an ordinance of reason for the common good
made by him who has the care of the
community and promulgated through reason
he classified law as:- i) Law of God or external law,
ii) Natural law revealed through reason, iii) Divine
law or law of scriptures, iv) Human laws which we

Period of Renaissance: This period in the history of

development of natural law may also be called the
modern classical era which is marked by rationalism and
emergence of new ideas in different fields of knowledge.
In this period Locke put emphasis on right to life, liberty
and property which is inalienable rights and necessary
for the well being of the individual. He said that there
should not be any law contravening the above rights.

Modern Period: The natural law theory received a set

back in the wake of 19th century pragmatism. The
profounder of analytical positivism, notably Bentham
and Austin rejected natural law on the ground that it
was ambiguous and misleading. Bentham called it a
simple nonsense since absolute equality and absolute
liberty were repugnant to the existence of the state.
Latter in the 21 st century there was revival of
natural law school where jurist like Stammler, Fuller
and Finnis had made their contribution towards the
revival of this school.

IMPACT ON THE INDIAN

CONSTITUTION

In Indian laws especially in Indian constitution there has

been a largely impact of natural law theory. The articles like
Article 14,19 and 21 has been widen widely interpreted
in the Indian scenario especially by the Indian judiciary. This
could be found through the case laws.

In the case of Air India V/S Nargis Mirza the Supreme

Court had struck down the Air India and Indian Airlines
regulations on the retirement and pregnancy bar on the
services of airhostess as unconstitutional on the ground
that the regulations were arbitrary and unconstitutional
under Article 14 of the Indian constitution.
Now if
one analyzes Stammlers principles with special
reference to principles of respect : 1) the content of
the persons volition must not be against the arbitrary will
of another. Thus in this case the natural law theory has
been applied.

In the case of Maneka Gandhi V/S Union of

India the meaning and content life and personal liberty
under article 21 of Indian Constitution came up for
consideration and the Supreme Court held that the law
established by the state should be just fair and reasonable.
If one analyses the judgement one would find reference of
Lockes theory whereby the natural rights of man such as
right to life, liberty and property should remain with him. So
in Maneka Gandhi case also the natural law theory
principles could be evolved.

In case of Indian Express Newspaper V/S Union

of India the theory of Rousseau in which he mentioned
of freedom and liberity (freedom of speech and
expression) has been applied, the Rousseaus theory of
freedom of speech and expression was said to be natural
right of every citizen by the Supreme Court which is also
been conferred upon under Article 19 of Indian
Constitution, wherein the freedom of speech and
expression is said to be among the basic right of a human
being to live in a society with dignity.

CONCLUSION

Almost all the fundamental rights conferred under

Indian Constitution relates to Natural Law as all
the fundamental rights are the basic rights of a
human being which the Natural Law theory tries
to confer upon the society since age of Greeks. All
the thinking of those theorists under Natural Law
theory have influenced Indian laws to a large
extent, not only fundamental rights but even
many more provisions under Indian Constitution
are influenced by the Natural Law theory.

THANK YOU