◆ Introduction:- the sociological approach to the study of law is the most important characteristic of our age. Jurist belonging to this school of thoughts are concerned more with the working of law rather than its abstract content. Their principal premises is that the law must be studied in action and not in textbooks. They are concerned with the study of law in relation to the society. The insist that the legal order is a phase of social control and that it, cannot be understood unless taken in its whole setting among social phenomena.
◆Sociological School of jurisprudence:-
The main concern of social logical jurist is to study the effect of law and Society on each other. The treat law as an instrument of social progress.
The objective of social logical source of jurisprudence is to resolve immediate problems of society with search tools- legal or extra legal and techniques which promote harmony and balance of interest of society. Further the jurist of sociological school had rejected the analytical and historical jurisprudence as jurisprudence of concepts and considers law as an instrument of serving the head of individuals in society.
If we analyse the sociological School of jurisprudence and the constitution of India then many of the influence of sociological school that we have found in the constitution of India which has been discussed below:-
The main concern of social logical jurist is to study the effect of law and Society on each other. The treat law as an instrument of social progress.
The objective of social logical source of jurisprudence is to resolve immediate problems of society with search tools- legal or extra legal and techniques which promote harmony and balance of interest of society. Further the jurist of sociological school had rejected the analytical and historical jurisprudence as jurisprudence of concepts and considers law as an instrument of serving the head of individuals in society.
If we analyse the sociological School of jurisprudence and the constitution of India then many of the influence of sociological school that we have found in the constitution of India which has been discussed below:-
◆ Impact of social logical School of jurisprudence under constitution of India:-
To India, sociological School of jurisprudence has much relevance in terms of realisation of the social and economic goals of the community. Law in free India is being adjusted to serve the common needs and ends of society along with individual interests. However, before 1947 the judges, lawyers and law administrators did not look around while making new laws. The pace of social change was very slow, as the law was conceived either in analytical fashion emanating from the British Parliament or the law had no relationship or relevance with the life of the people of India. The role of judges was not to discover the "inarticulate major premises" or "felt needs" failed needs of the people but to interpret law in its logical manner irrespective of the consideration of Social justice. The laws mostly imposed from the above. It had no roots in the Indian soil and its language too was foreign.
After 1947 there was a change in the perspective of law itself. India became free and it adopted the new constitution with a view to establish justice- social, economic and political. To achieve these set of goals Indian planners introduced the system of economic planning in India with a view to promote the Welfare of the people by securing and protecting as effectively as it may a social order in which justice- social, economic and political shall inform all Institutions of national life. Accordingly state involved new social and economic policies to achieve the above and the old analytical approach towards law was obviously abundant in the interest of common goods as it was unnecessary and unreal and inconvenient to the emergence of new social order. Hence, a new sociological approach for reconciling conflicting social interests and values became necessary for bringing peaceful social change through law.
The constitution of India and envisages as egalitarian society ensuring equality to all citizens regardless of caste, Creed, religion. Article 38 particularly mandates the state toward socio economic justice to make the life livable with human dignity. Besides the directive principles of State Policy enshrined in Part IV of the Constitution of India. There are some other provisions with extended protective discrimination to the depressed and oppressed sections of the society, so as to ensure Social Justice for them. Some of them are as follows:-
● Article 15(1) and (2) prohibits discrimination between citizens on the grounds of religion race caste sex place of birth etc.
● article 15(3) provides exceptions in favour of women and children.
●The Right to Education Act,2005 providing for compulsory education to children up to the age of 14 years which was one of the directives of Directive Principles of State Policy has now been accorded statutory recognition by this progressive legislation.
The Welfare legislations enacted during the post independence era amply demonstrate that the British oriented Austinian concept of law has no place in the modern Indian democracy and has been completely discarded and replaced by the Pound's theory of law as an instrument of social change. The establishment of Human Rights Commission, Women's Commission, family courts, industrial tribunals, administrative tribunals, panchayatiraj, Lok adalats, etc. are only a few illustrations to suggest that the soul objective is to make justice available to a common man and ameliorate the sufferings of masses including women, children and other neglected and weaker sections of the society.
Justice K. Ramaswamy has expounded the concept of Social Justice in Consumer Education Research Centre vs. Union of India, and observed:-
"The Preamble and article 38 of the Constitution of India the supreme law envisages Social Justice as its arch to ensure life to be meaningful and livable with human dignity. the concept of Social Justice which the constitution of India engrafted, consists of diverse principles essential for orderly growth and development of personality of every citizen. 'Social Justice' is thus n integral part of justice in a generic sense justice is genus, of which Social Justice is one of its species. Social Justice is a dynamic device to mitigate the sufferings of the poor, weak, dalit, tridals and deprived sections of the society and to elevate them to the level of equality to live a life of dignity of a person. Social Justice..... is an essential part of complex of social change to relieve poor, etc. from handicaps, and to make their life livable for Greater good of the society at large...."
To India, sociological School of jurisprudence has much relevance in terms of realisation of the social and economic goals of the community. Law in free India is being adjusted to serve the common needs and ends of society along with individual interests. However, before 1947 the judges, lawyers and law administrators did not look around while making new laws. The pace of social change was very slow, as the law was conceived either in analytical fashion emanating from the British Parliament or the law had no relationship or relevance with the life of the people of India. The role of judges was not to discover the "inarticulate major premises" or "felt needs" failed needs of the people but to interpret law in its logical manner irrespective of the consideration of Social justice. The laws mostly imposed from the above. It had no roots in the Indian soil and its language too was foreign.
After 1947 there was a change in the perspective of law itself. India became free and it adopted the new constitution with a view to establish justice- social, economic and political. To achieve these set of goals Indian planners introduced the system of economic planning in India with a view to promote the Welfare of the people by securing and protecting as effectively as it may a social order in which justice- social, economic and political shall inform all Institutions of national life. Accordingly state involved new social and economic policies to achieve the above and the old analytical approach towards law was obviously abundant in the interest of common goods as it was unnecessary and unreal and inconvenient to the emergence of new social order. Hence, a new sociological approach for reconciling conflicting social interests and values became necessary for bringing peaceful social change through law.
The constitution of India and envisages as egalitarian society ensuring equality to all citizens regardless of caste, Creed, religion. Article 38 particularly mandates the state toward socio economic justice to make the life livable with human dignity. Besides the directive principles of State Policy enshrined in Part IV of the Constitution of India. There are some other provisions with extended protective discrimination to the depressed and oppressed sections of the society, so as to ensure Social Justice for them. Some of them are as follows:-
● Article 15(1) and (2) prohibits discrimination between citizens on the grounds of religion race caste sex place of birth etc.
● article 15(3) provides exceptions in favour of women and children.
●The Right to Education Act,2005 providing for compulsory education to children up to the age of 14 years which was one of the directives of Directive Principles of State Policy has now been accorded statutory recognition by this progressive legislation.
The Welfare legislations enacted during the post independence era amply demonstrate that the British oriented Austinian concept of law has no place in the modern Indian democracy and has been completely discarded and replaced by the Pound's theory of law as an instrument of social change. The establishment of Human Rights Commission, Women's Commission, family courts, industrial tribunals, administrative tribunals, panchayatiraj, Lok adalats, etc. are only a few illustrations to suggest that the soul objective is to make justice available to a common man and ameliorate the sufferings of masses including women, children and other neglected and weaker sections of the society.
Justice K. Ramaswamy has expounded the concept of Social Justice in Consumer Education Research Centre vs. Union of India, and observed:-
"The Preamble and article 38 of the Constitution of India the supreme law envisages Social Justice as its arch to ensure life to be meaningful and livable with human dignity. the concept of Social Justice which the constitution of India engrafted, consists of diverse principles essential for orderly growth and development of personality of every citizen. 'Social Justice' is thus n integral part of justice in a generic sense justice is genus, of which Social Justice is one of its species. Social Justice is a dynamic device to mitigate the sufferings of the poor, weak, dalit, tridals and deprived sections of the society and to elevate them to the level of equality to live a life of dignity of a person. Social Justice..... is an essential part of complex of social change to relieve poor, etc. from handicaps, and to make their life livable for Greater good of the society at large...."
Article 25 of the Constitution of India empowers the state to make legislations for social reforms in the semi-religious matters. Articles 226, 227, 136 and 32 further seeks to make human rights as living reality buy protecting people against tyranny, discrimination or exploitation.
◆ Conclusion:- From the above exhilarating analysis of the sociological school of jurisprudence and the constitution of India we certainly can say that in the constitution of India the impact of social logical School of jurisprudence is noteworthy. The exponent of the sociological school of jurisprudence considers law as a social phenomena. They are chiefly concerned with the relationship of law to other contemporary social Institutions. They emphasizes attention on social purposes and interest observed by law. As like sociological School the constitution of India also seeks to ensure the socio-economic justice to all starting from the Preamble, Fundamental Rights, Directive Principles of State Policy, Article 226, Article 136 etc are concerned with the Social Justice. The main concern of the constitution is to secure all the citizens rights and to establish India as a socio welfare country.
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