INTERFACE BETWEEN JURISPRUDENCE, POLITICAL SCIENCE AND ECONOMICS : A REFLECTION

To begin with, let us consider the given statement :


“Preamble of the Constitution of India and reflections of various theories like A.V. Dicey’s Rule of Law, Montesquieu’s Separation of Power, Rousse’s Social Contract in Indian Constitution read with other provisions in the same, give the reader, an impression of merger of law with Plato’s master science. So also, is the case with the word ‘socialist’ read with provisions of Art. 39 a, b, c & d and in particular while studying certain economic legislations and mercantile laws, where two important social sciences amalgamate”.

The above mentioned passage encapsulates dual Jurisprudential concepts :

1. Interface between Jurisprudence and Political Science

2. Interface between Jurisprudence and Economics


INTERFACE BETWEEN JURISPRUDENCE AND POLITICAL SCIENCE

The principles of AV Dicey, Montesquieu, and Rousse are based on the power that a state and its departments possess. The Social Contract of Rousseau is based on the supremacy of General Will for conformance with the social contract for person who do not wish to conform to the same, but for the purpose of general welfare [“We the People of India”].[1] Further, Separation of Power divides the authority of different organs of the Government. In the words of Montesquieu, “if legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty”.[2] This is crucial due to the existence of state arbitrariness, due to non-existence of Separation of Powers and Checks and Balances.

Law as a social science shares a few similar traits with other social sciences most notably political science. Political Science is that branch of social science that deals with different systems of political governance, political thoughts and ideas. The tenets of Rule of Law, Separation of Powers between different organs of the Government and the Social Contract theory are concepts which are cardinal to the subject matter of Political Science and is adequately represented in the various provisos of the Indian Constitution, primarily, the Preamble of the Indian Constitution, which provides for the political nature of the state of India, as well as the relevant provisions that instate the ‘quasi federal structure’ of the State.

ILLUSTRATIONS

  • The dissenting judgment of Justice HR Khanna in ADM Jabalpur[3] portrayed how state policies are supposed to conform with the postulates of Rule of Law. This in turn upheld the tenets of socio-economic justice and attempted to eradicate the effect of arbitrariness. The decision was a reflection of Jurisprudence and Political Science and how the principles of the Preamble are to be upheld.

  • It is only through specific laws enacted by the Legislature or orders passed by the Judiciary that one can determine the political character of the State. For e.g. Article 74 of the Indian Constitution[4] which makes the advice of the Union Cabinet headed by the Prime Minister binding on President, is essentially reflective of a Parliamentary form of Government.


INTERFACE BETWEEN JURISPRUDENCE AND ECONOMICS

The statement also highlights the interface between Jurisprudence and Economics. Economics focuses on the interaction between different economic agents and production, consumption and distribution of goods and services. The word socialist was added to the Preamble under the 42nd Amendment Act, 1976. Socialist in the context of India would mean the aim of the State to eradicate inequality in income, status and standard of life. Socialism is therefore a concept which is related to ownership and equitable distribution of wealth. Article 39 a, b, c and d are Directive Principles of State Policy which aims for securing adequate means of livelihood, equitable distribution of material resources, and equal pay for equal work.

ILLUSTRATIONS

  • The Economic aspect of jurisprudence can be seen from the way compensation is provided to the aggrieved party in Motor Vehicle Accidents. It is one of the ways for looking at the application of economic justice. A party is aggrieved by the death of a family member, and it is impossible to calculate someone’s life in monetary terms not denying the fact that no one's life is worth any amount of money. However, the judiciary does carry out such a function.

  • One of the ways that Judiciary adopts to carry out this function is through the way of calculating compensation keeping in mind the financial status of the aggrieved family. Through such a formula coined by the judges, they are able to provide equitable remedies to the people for the purpose of upholding economic justice.

  • There are numerous legislations which deal with certain aspects of economics and influence various economic agents and the flow of goods and services. For e.g. the Insolvency and Bankruptcy Code, 2016 that was passed to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders.

  • The Budget which is passed every year by the Parliament is passed in the form of Annual Financial Bill by the Lok Sabha in accordance with Article 112 of the Indian Constitution.

  • Another major illustration is the inclusion of the word ‘Socialist’ in the Preamble which actually talks of state being the resource owner and its further distribution of resources in an equitable manner under Article 14 to 19 of the Constitution substantiates Plato’s political philosophy of state having a higher command over public and it being a separate entity.

  • In the case of Sanjeev Coke Manufacturing v. Bharat Coking Coal Ltd., it was held that when Article 39(b) of the Constitution of India refers to material resources of the community it does not refer only to resources owned by the community as a whole, but it also refers to resources owned by individual members of the community. Resources of the community do not mean public resources only but include private resources as well. The distribution envisaged by Article 39(b) necessarily takes within its stride the transformation of wealth from private-ownership into public-ownership and is not confined to that which is already public-owned.

Henceforth, it is quite evident that the Constitution is a political document which aims to fulfil the endeavours of Socio-Economic Justice, which the Preamble sets as its goal.

REFERENCES

[1] Jean-Jacques Rousseau, The Social Contract (Copyright © Jonathan Bennett 2017) [2] Montesquieu, The Spirit of Laws, p. 173 (Batoche Books Ed., 2001). [3] ADM Jabalpur v. Shivakant Shukla, AIR 1976 SC 1207 [4] Article 74,Constitution of India, 1950

Disclaimer : The views expressed herein are for general information purposes. It is not legal advice and should not be treated as such.