Natural law theory in indian constitution

  • Who wrote the natural law theory?

    Of these, Aristotle is often said to be the father of natural law.
    Aristotle's association with natural law may be due to the interpretation given to his works by Thomas Aquinas.
    But whether Aquinas correctly read Aristotle is in dispute..

  • According to Hobbes, something is good if it is desired.
    But Hobbes also states that all humans share certain desires that demonstrate the natural moral laws, the most basic being self-preservation.
    Therefore, something is good if it is motivated by self-preservation, since this is the fundamental natural law.
  • Finnis's new natural law theory is a type of moral theory.
    A moral theory of natural law states that all human beings have the capacity to understand basic moral obligations.
    It presupposes the ability of everyone to understand the basic aspects of morality regardless of their race, creed, color or culture.
  • Unlike laws enacted by governments to address specific needs or behaviors, natural law is universal, applying to everyone, everywhere, in the same way.
    For example, natural law assumes that everyone believes killing another person is wrong and that punishment for killing another person is right.
Principles of natural law under Indian law. The Indian Legal System is based upon the principles of equity, justice, good conscience and natural justice. The concept of natural law is not the development of the modern judicial system but incorporated within the roots of Indian culture since ancient times.

Is natural law included in the Indian Constitution?

Although the Constitution does not expressly mention the notion of natural justice or law, it is reflected in the provisions

The terms “justice,” which includes social, economic, and political justice as well as equality of status and opportunity, illustrate that natural law principles are included in the Indian Constitution

What are the principles of natural justice in India?

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In India, the principles of natural justice are firmly grounded in Article 14 & 21 of the Constitution

With the introduction of concept of substantive and procedural due process in Article 21, all that fairness which is included in the principles of natural justice can be read into Art

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What are the principles of natural law?

The principles of natural law are to protect the individuals and the society against injustice, tyranny and misrule of the offenders of the society as well as monarch state representatives

The origin of both national and international laws lies in the principles of natural law

This is due to its universal nature
×Pillars of natural justiceThe Indian Constitution is based on the pillars of natural justice, which is a revised version of natural law. The framers of the constitution understood the importance of natural law and included it in the law of the land. The Preamble, fundamental rights, and Directive Principles of the State Policy are evidence of the application of natural law principles in the Constitution of India. Part III of the Indian Constitution is devoted to fundamental rights and accounts for the natural law element in the constitution.
Natural law theory in indian constitution
Natural law theory in indian constitution

Theory of natural law

The labor theory of property is a theory of natural law that holds that property originally comes about by the exertion of labor upon natural resources.
The theory has been used to justify the homestead principle, which holds that one may gain whole permanent ownership of an unowned natural resource by performing an act of original appropriation.

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