August Comte's Sociological School & its Impact on Indian Judicial Activism & Reforms, Schemes and Mind Maps of Law of Torts

Download August Comte's Sociological School & its Impact on Indian Judicial Activism & Reforms and more Schemes and Mind Maps Law of Torts in PDF only on Docsity! SOCIAL JURISPRUDENCE AND LEGAL TRANSFORMATI ON 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. Scope and Objectives Drawbacks of Social Jurisprudence Reasons for Emergence of Social Jurisprudence 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.