International Journal of Research in Social Sciences
  • Year: 2019
  • Volume: 9
  • Issue: 2

A reflection on Constitution of India through Jurisprudence and Legal Theories

  • Author:
  • Ajay Singh
  • Total Page Count: 17
  • Page Number: 664 to 680

Research Scholar, Faculty of Law, University of Lucknow, Lucknow, Uttar Pradesh, India

Online published on 10 September, 2019.

Abstract

Jurisprudence has been defined to be the theory of Philosophy of Law. The Indian Constitution reflect the ideas of various schools of jurisprudence and can be termed to be the synthesis of these ideas. In the Indian legal jurisprudence, the essence of various schools has been applied throughout various intervals of time and it cannot be said that the Constitution follows any single principle of law in totality or absolutely. The framers of the Constitution while deciding the features of the constitution kept in mind that law is a dynamic process and it needs to change in accordance to time and societal need. The Indian Constitution has reflected their intention by the utilisation of the various theories through time and place. Certainly, some schools were given preference in the post-independence era later on those preferences were changed. The same has been reflected by the courts through various judgements on the interpretation of the constitution. The preponderance of various schools of thought of jurisprudence has changed from time to time in the Indian legal sphere and preference given to a particular School has also be a dynamic process. The courts have been the Guardian of the constitution and applied various schools of thought while delivering the judgement. A legal shift from legal positivism to legal realism has been seen in the Indian Constitutional Law.

Keywords

Constitutionalism, Thought, Distributive Justice, Rule of Law, Legal Realism