File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Indian Perspective Of Natural Law School

The natural law principles have been embodied in legal rules in various legal systems and have become their golden principle. In India, a number of legal principles and concepts have been borrowed from England and many of them are based on Natural law principles.

Indian Constitution and Natural Law:

The Indian Constitution is based on the pillars of natural justice, which is a revised version of natural law. There exists a clear link between the basic structure of the Indian Constitution and the natural law.
  1. The preamble:
    Starting from the preamble, the words justice inclusive of social, economic and equality of status...etc. prove that natural law principles are present there in the Indian Constitution.
  2. The Fundamental Rights:
    Apart from the preamble, Article 14 ensures equality before law to all the citizens without any sort of discrimination. Then there is Article 21 which guarantees the right to life and personal liberty, which is also the most comprehensive article of the whole Constitution. This is based on the premises of natural justice. Article 14,19,21 which is also the golden triangle of the Constitution has drawn inspiration from the natural law.
  3. Article 32 & 226:
    The Constitution empowers the High Courts and the Supreme Court to exercise control over the administration and quasi judicial tribunals and one of the grounds on which orders passed by the later may be set aside is the violation of the principles of natural justice.
  4. Article 311:
    The principles of natural justice have been incorporated in Article 311 which says that no civil servant can be dismissed or removed or reduced in rank until he has been given reasonable opportunity of showing cause against the action proposed to be taken against him.

Judicial interpretation and natural law:

By the process of judicial interpretation two rules have been evolved as representing the principles of natural justice in judicial process. They constitute the basic elements of fair hearing having their roots in the innate sense of man for fair play and justice.

The first rule is "nemo judex in causa sua" which means no man shall be judge in his own cause and the second rule is "audi alteram partem" i.e. hear the other side. In other words, as it is now expressed, "justice should not only be done but should manifestly be seen to be done. " [Canara Bank v. Debasish Das, AIR 2003 SC 2041]

The basic structure theory propounded by the Supreme Court of India in Kesawananda Bharati v. State of Kerala, [AIR 1973 SC 1461] furnishes the best illustration of judiciary's zeal to incorporate the principles of natural law in the constitutional jurisprudence.

In Minerva Mill Ltd. V. Union of India [AIR 1980 SC 1782] the court held that fundamental rights are enshrined in the part III and DPSP in part IV taken together constitute the core of the Indian Constitution and form it's conscience.

In Air India v. Nargis Mirza, [AIR,1981 SC 1829] the Apex Court had struck down the Air India and Indian Airlines Regulation on the retirement and pregnancy bar on the services of air-hostess as unconstitutional on the ground that the regulation was arbitrary under Article 14.

In the case of Maneka Gandhi v. Union of India, [AIR 1978 SC 597] the meaning and content of life and personal liberty under Article 21 came up for consideration and the Supreme Court held that the law established by the state should be just fair and reasonable.

ADM Jabalpur v. Shivakant Shukla, [1976 SCC 521] is one of the important cases where the Court held that even in absence of Article 21 the right to life and personal liberty of a person could not be deprived without authority of law

In R L Sharma V. Managing Committee Dr. Harilal H.S. school [1993 AIR 2155] the Apex Court has observed: In administrative law the rules of natural justice are foundational and fundamental concept and law is now well settled that the principles of natural justice are part of the legal and judicial procedure.

Concluding observation:
Therefore the perspective of natural law in today's globalized Indian scenario cannot be denied. One can easily reach the conclusion that to upkeep the natural law principles is of great importance be it for giving a judgment or for guiding the basic structure or for the benefit of the society.

No one should be deprived of his natural rights that is provided to an individual by the nature. The use and applicability of natural law principles have evolved from time to time according to the advancement and changing need of the society. Written By: Saheli Chatterjee, Advocate.
[email protected]

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly