HOW DOES LAW IMPACT SOCIETY

LEGAL METHODS

Submitted to – Mrs. Sai Ramani

Submitted by – Jasween Singh Gujral

Roll no. – 27

B.A.LL.B (Hons.)

1st year, 1st semester

National law University, Delhi

ii

Table of contents

Page no.

List of Cases (iii)

List of Abbreviations (iv)

Chapter I: Introduction 1-4

1.1 Meaning and Importance of ‘Law’

1.2 Meaning and Importance of ‘Society’

1.3 Central Question

1.4 Research Methodology

1.5 Research Scheme

Chapter II: Relationship between law and society 5-8

Chapter III: Conclusion 9-10

Bibliography (v)

iii

List of Cases

Page no.

Golak Nath v. State of Punjab, 5

Kesavananda Bharati v. The State of Kerala 6

Sajjan Singh v. State of Rajasthan 5

Shankari Prasad Singh Deo v. Union of India and State of Bihar 5

List of Abbreviations

iv

A.I.R. India Reporter

H.C. High Court

p. Page no

S.C. Supreme Court

S.C.C. Supreme Court Cases

U.S. United States

1

CHAPTER – I

INTRODUCTION

The question “What is Law?” haunts almost all the promising lawyers. The meaning of

law is subjective and varies from one person to another. It can be construed as a regulatory

mechanism, a code of conduct, a set of normative rules and regulations. Though all these

statements are true, yet they provide an incomplete picture of law.

Law is an instrument of social change, or a means to achieve justice in the society.

History is replete with many situations where law has acted to bring about social reformation.

For example social evils such as sati, purdah, dowry, child marriage have been strictly

brought under control through legal sanction. Not only can these but various other examples

can be cited where law has impacted the society in order to usher in social change.

Law may be considered as an abstract set of rules and regulations backed by an authority as

said by John Austin ‘Law is the command of sovereign’. The preamble of our constitution

reads “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all

its citizens”1, makes us, all citizens, an actively participates in the law making process. In

other words the process of law making is directly or indirectly related to each and every

individual in the society. Thus, in this project we try to understand the various areas where

law impacts society as well as the life of all those who are a part of it.

1.1 Meaning and Importance of ‘Law’

Most of us are required to observe many different kinds of rules. School children may be

required to wear a uniform. People belonging to certain religion are prohibited to eat a

particular substance or do a particular thing.

Law is often based on morality. For example, murder and rape are regarded as immoral,

and are punishable in all societies and are proscribed by most religions. In such cases, the law

coincides with morality but this need not always is the case. For example lending money at

interest is practised since times immemorial. But this is prohibited by Islam. Similarly,

Christianity prohibits Usury, i.e. excessive interest. Traditional Hindus follow the rule of

Damdupat, i.e. the total interest must not increase the principal sum. The Money-lender Acts

1Preamble to the Constitution of India

2

in force of various states do regulate interest which, by virtue of the practice of compounding

their interest but they have limited application

There are many perspectives regarding Law. From one outlook, law can be said as an

abstract body of rules and statues. And from the other, it could be seen as a social method of

dispute resolution of the conflicting interests of the people living in the society. Law may also

be considered as of having a coercive character, or can also be seen as made by the customs,

traditions or religion. Law can also be said to inherently exist in the society.

Some thinkers have made an attempt to clear the picture of the concept of law. In the

words of Kant law is the ‘sum total of the conditions under which the personal wishes of one

man can be combined with the personal wishes of another man in accordance with the

general law of freedom’ . Hegel explains law as the, ‘the abstract expression of the general

will exist in and for itself’. John Austin says, Law is the command of Sovereign, Savigny

considers law as Volksgeist i.e. the spirit of the people. While, Roscoe Pound, a thinker of

Sociological school of law, considers law as ‘Social Engineering’.

Similarly various others thinkers have coined law in their own different perspectives.

Therefore, it can be observed that law is a vast subject of study and defining it in limited

words would be restricting its scope and would not construe the correct picture. Law is ever

evolving and keeps on growing with the development of the society.

1.2 Meaning and Importance of ‘Society’

Society must be understood as a combination of functional, cognitive, and cultural

systems. Functional systems include market, political institutions, and familial processes and

deal with the production and consumption of goods, the provision of services, the waging of

war, and the administration of justice and education. Cognitive systems organize values to

guide choice among alternatives. A unique combination of functional, cognitive, and cultural

systems defines and distinguishes a society.

The society changes as any element within it changes and the process of change is

constant. Values are preached and rejected, technology is altered, and roles are achieved.

Change creates stress, but adaptation and adjustment make possible continuity (and perhaps a

temporary stability). Thus, a society may experience significant change in its functional

system through a political or technological revolution, yet still maintain its essential quality.

The force that holds it together, that gives society meaning, in spite of change, is ideology.

3

An ideology is a way of looking at the world that is shared by members of a group; it

connects individual precepts to those generally held in the society and provides the group a

base for consensus.

Ideological change on a large scale is revolution. There is a significant difference between

the evolutionary change that constantly marks society, and revolutionary change that literally

transforms the society into something new, something not previously experienced by the

individuals within it. Such revolutionary change comes about when the cognitive, cultural,

and functional systems have accumulated so much change, together or independently, that

they are no longer commensurate with the ideology that served to interpret them. When the

problems confronted no longer seem capable of solution within the existing systems of

information organization then comes revolutionary change2. Such revolutionary changes were

experienced in the medieval and some Western Societies in modern ages.

In the project we will study as how changes are brought about in a society, by using law

as an instrument of social change. Law and society are integral to each other. In order to

maintain disciplines in the society, law plays a substantial role. Though instances show

situations where law lags society, but as we all know that society is ever evolving and so ins

the law both cope up with each other and remain in consonance with each other.

1.3 Central Question

The project mainly focuses on the impact of law in the society. How law brings about

change in the society. The relationship between law and society is discussed in latter parts of

the project. And the conclusion is followed by the research discourse.

1.4 Research Methodology

The study on the topic has been extensive ranging from researching books on

jurisprudence, political theory, political science by Indian authors as well as foreign authors

in NLU library, as well as using the resources of internet and data available in the websites

relating the topic of the project.

Many sources have been referred to and such reference is footnoted for convenience.

The type of source has been a combination of primary as well as secondary sources ie

doctrinal research. The aim of the research has been, not only to gather facts, but also to

substantiate any viewpoints put forth.

1.5 Research Scheme

2 Dr. Alston'Economic History of the U.S.

4

The first chapter discusses the basic meaning of the terms, ‘law’ and ‘society’. It

explains their meaning beyond the mere alphabets combining to form the word. It also shows

the pervasive existence of law in the society.

The second chapter throws light upon their relationship as well as their

interdependency. It tries to prove the symbiotic relationship between law and society.

The project is then concluded and attempts to prove the central question, law play an

eminent, substantial, and significant role in bringing about the change in the society.

5

CHAPTER 2

RELATIONSHIP BETWEEN LAW AND SOCIETY

In this chapter we study the relationship between law and society in relation to their

interdependence on each other. Law and society share a symbiotic relation. In every society

we find complexity in the action of the individuals and conflicting interests. This is because

the needs and wants of humans are infinite, but the resources to fulfil those demands are

limited and exhaustible. Therefore, in order to achieve and maintaining optimum utilization

of resources by providing maximum satisfaction to maximum people and by creating

minimum friction, law comes in the picture.

Society can be viewed from various perspectives. Some may view it as autonomous

social reality independent of those who form it, giving rise to social forces that act upon,

control and determine the conduct of its constituents. Here the view of man as a product of

social forces is called ‘determinism’. While others view it as an association of individuals, in

which every constituent participates as an active agent in the creation of social reality. This

view is known as voluntarism3.

Social control mainly takes place through customs, traditions, religion, social mores,

etc. But these are informal and non-institutionalised. But law can be considered as the most

specialised form of social control. Durkheim views law as the direct embodiment of the

‘conscience collective’. This view seems to ignore the coercive character of law. Even while

accepting the coercive character of law; it is important to remember that law does not operate

as an exclusively coercive mechanism. If law is effective as a method of social control, it

must have legitimacy, and value consensus as the root of legitimacy4 .

According to Max Weber, Power is the probability that one actor within a social

relationship will be seen in a position to carry out his own despite resistance, regardless of the

basis on which this probability rests. Though law constraints misuse of arbitrary power, it

prevents a state of anarchy. In order to achieve this purpose it has set up the ‘Rule of Law’.

Rule of law means governance of laws, and not of man. It totally restraints any part of the

society to act arbitrarily on its own will. Everyone is below the law and must abide by the law

of the land.

3 N K Jayakumar, LECTURES ON JURISPRUDENCE. 2nd ed. 2008, p. 14.

4 Ibid.,p-15.

6

This creates, maintains, and regulates a state of peace and order in a society. Due to

the presence of law in the society justice is prevailed. It prevents the elements of tyranny,

dictatorship, authoritarianism, totalitarianism in governance that is it prevents the ruler from

acting in a despotic fashion and rulings the society on his own whims and fancies.

It has been seen in some landmarks cases where law has acted as an instrument to

bring about social change in the society.

For instance the Shah Bano case was a milestone in the Muslim women's search for

justice and the beginning of the political battle over personal law. A 60-year-old woman went

to court asking maintenance from her husband who had divorced her.

The court ruled in her favour. Shah Bano was entitled to maintenance from her ex-

husband under Section 125 of the Criminal Procedure Code (with an upper limit of Rs. 500 a

month) like any other Indian woman. The judgment was not the first granting a divorced

Muslim woman maintenance under Section 125. But a voluble orthodoxy deemed the verdict

an attack on Islam.

By going through this case, it shows that how can law bring about social change in

society even if it has to go against the established customs, traditions, mores and beliefs of

the society for the sake of delivering justice in the society.

Another explanation could be the Golaknath v. The State of Punjab 5. Where

in 1967, in Golak Nath vs. The State of Punjab, a bench of 11 judges (constituted for

the first time) of the Supreme Court deliberated as to whether any part of the

fundamental constitutional rights could be revoked or limited by amendment to the

Constitution.

This question had previously been considered in Shankari Prasad v. Union of

India6 and Sajjan Singh v. State of Rajasthan7. In both cases, the power to amend the

rights had been upheld on the basis of Article 368.

Chief Justice Subba Rao writing for the majority (5 Judges dissenting) held that:

a) A Law to amend the Constitution is a Law for the purposes of Article 13.

b) Article 13 prevents the passing of Laws which "take away or abridge" the Fundamental

Rights.

c) Article 368 does not contain a power to amend the Constitution but only a Procedure.

d) The power to amend comes from the normal legislative power of Parliament.

5 AIR 1967 SC 1643

6 (1952) SCR 89

7 1965 AIR 845 1965 SCR (1) 933

7

e) Therefore, amendments which "take away or abridge" the Fundamental Rights cannot be

passed.

Six years later in 1973, 13 judges of the Supreme Court, including then Chief

Justice Sikri, heard arguments in Kesavananda Bharati v. The State of Kerala8, and

thus considered the validity of the 24th, 25th and 29th amendments, and more

basically the correctness of the decision in the Golak Nath case. This time, the court

held that although no part of the Constitution, including fundamental rights, was

beyond the amending power of the Parliament (thus overruling the 1967 case), the

"basic structure of the Constitution could not be abrogated even by a constitutional

amendment".

Nani Palkhivala, assisted by Fali Nariman, presented the case against the

government in both cases. The following can be said:

1. All the Judges held that 24th, 25th and 29th amendments acts are valid.

2. 10 Judges held that Golak Nath's case was wrongly decided and that an amendment to

the Constitution was not a Law for the purposes of Article 13.

3. 7 Judges held that the power of amendment is plenary and can be used to amend all

the articles of the Constitution (including the Fundamental Rights).

4. 7 Judges held (six Judges dissenting on this point) that "the power to amend does not

include the power to alter the basic structure of the Constitution so as to change its

identity"

5. 7 Judges held (two Judges dissenting, one leaving this point open) that "there are no

inherent or implied limitations on the power of amendment under Article 368."

However 9 Judges (including 2 dissentients) signed a summary stating that "the view of the

majority" in the case was that:

1. Golak Nath's case was overruled.

2. Article 368 did not enable Parliament to alter the basis structure or framework of the

It follows, therefore, that this case established the principle that the basic

structure cannot be amended on the grounds that a power to amend is not a power to

destroy. This shows how law not only enforces the rules and regulation and delegates

duties to the constituents of the society but even guarantees as well as safeguards their

rights and protect them from the harsh edges of the legislature, executive and even

judiciary itself.

8 AIR 1973 SC 1461

8

In the above mentioned cases we see impact of law on the society where the

court seven overrules its own judgement, for safeguarding the fundamental rights to

the citizens. The way law safeguards its citizens shows the concern of law for the

society.

The question arises as to how the judiciary can safeguard the rights of the

individuals against it. The answer to this is the power of judicial review, which

confers each court the power to intervene when the executive or the legislature tries to

overstep their power. The statutory provisions that give rise to the jurisdiction to

consider claims for judicial review do not, however, define its scope. it is ‘a remedy

invented by the judges to restrain the excess or abuse of power’9 and ‘secure that

decisions are made by the executive or by a public body according to law’.

9 Hugh Southe, Adrian Fulford, JUDICIAL REVIEW: A PRACTICAL GUIDE.

9

CHAPTER 3

CONCLUSION

From the above readings, it can be concluded that in the last sixty years, we have seen many

changes such as progress and rehabilitation agitation and classification of social interactions

and social reforms in the society. This workshop’s main objective is to study different aspects

of the criminal justice system in the United States and abroad (including a special session on

Brazil), and their impact on the construction of social and cultural identities, life options and

conditions, and human interactions.

Law is the most important element of the society. It reflects not the professed customs but the

inherent beliefs of the social beings. The statement reveals the eternal bonding of law and

society. Law is a cohesive force providing coordination to the society. If a society is devoid

of law and order, there can be no discipline with chaos and confusion throughout the land and

every person claiming superiority over the other. Law is a system of regulatory activity and it

expresses the will of the entire population.

In the absence of law, people would always be justifying their acts and frequent strider would

crop up which is definitely unhealthy for a society and would prevent the growth of

civilisation.

We all have to agree that law aids in social coordination. Law is an intervention agency (an

instrument for social change and welfare). It is a catalyst for soci-economic development.

Law is basically a complete non- arbitrary institution by itself providing near justice(or total

justice is just an unattainable ideal of state) and ensuring healthy relationship between social

neighbours.

Law is justice-oriented and it provides coordination in the sense that it resolves disputes and

friction in the society as well as wrongs committed against its constituents. In the society

where law get priority conflicts can be settled through natural justice without disturbing the

social integrity or hurting the morality.

10

Social coordination (or inter relationship between the several social institutions or parties, ne

it individuals, companies, religious groups, political entities and so on) can be achieved,

when peace thrives in a society which can happen when justice is delivered properly. To

avoid complexity several laws have been framed for separate crimes which aims ar natural

justice.

Certain examples in support of the notion could be:

1. In case of demolition of Babri masjid, the Supreme Court intervened and brought

coordination between the two conflicting religious groups by passing the interim

order of maintaining ‘status quo ante’.

2. Though we establish the intimate relationship between law and liberty, yet it is to be

kept in mind that liberty is not improper unrestrained power of the people amounting

to anarchy. Even the fundamental rights provided in our constitution have reasonable

restrictions. So, we regulate liberty and other social facets like religious groups,

linguistic groups, social groups, economic groups and bring parity among them.

3. Law is the essence of human development as it holds the nation views together. It was

the will of the people which made light to education a fundamental right.

4. The aim of law is to establish a Welfare State. Various laws like environment laws,

consumer protection Act, Domestic Violence Act have emanated for the general good.

5. Non-arbitrariness in the sense that people can always appeal to the higher courts and

the judicial decisions are always for the general good and welfare.

6. Law always strives to provide justice in the human society. unjust laws cannot be

called laws as they pose to the civilization.

7. Law is the mirror reflection of the society. For knowing the ideology of a country or

how its reacts to various problems, one must study the law of the land.

Hence, it could be inferred that law impacts the society at a very large scale. And the relation

between law and society inalienable, where exists a society, law has to come into existence.

And the impacts of law on the society can be clearly seen in every day to day working of us.

v

Bibliography

Books -

N.K. Jayakumar, LECTURES ON JURISPRUDENCE, 2ND ed., Lexis Nexis Butterworths

Hugh Southe, Adrian Fulford, JUDICIAL REVIEW: A PRACTICAL GUIDE

Dr. Alston, ECONOMIC HISTORY OF THE U.S.

Internet –

http://www.google.co.in/

http://www.books.google.co.in/

http://www.wikipedia.org/