Overview of Legal Realism and Realist School of Jurisprudence in India

Legal Realism is a theory that all law derives from already existing social interests and public policy. As per this theory, judges consider social interest and public policy together with abstract rules as well. This purpose of this article is two fold. Firstly, to show the necessity of legal realism on today’s date and the various principles propounded on it. And, secondly to show the link between the Indian judiciary and legal realism and their respective failures. Realism in India is primarily exercised by the Courts for establishing the supremacy of the Constitution for the promotion of constitutional thoughts and not to establish their own supremacy. The position of the Realistic schools of jurisprudence has also been illustrated in this article.