Role of Natural Law Philosophy in Shaping Modern Judicial Approach

Hammad Zaidi and Shuaeb Nigar
Aligarh Muslim University, Aligarh, India

Volume II – Issue I, 2020

The role of natural law has been pivotal to Indian legal machinery. It has widened the horizon of judiciary to look beyond the “BLACK LETTERS” of statute and to embrace the basic human values above everything. The recent judicial approach as evident in cases like Sabrimala Temple Case, Puttaswamy case, vindicate the role of natural law as an instrument of perpetual quest for absolute justice.  This paper discusses the contribution of natural law in sculpting the modern judicial system in India, citing the recent landmark pronouncements by the Apex Court. Beginning with the meaning of Natural Law and its presence in Indian legal context with reference to Fundamental Rights, the paper further delves separately concerning the role of natural law with respect to gender equality, LGBT community issues, and the Right to privacy. The paper emphasize deeply on the reliance of Indian Judiciary on encompassing natural law philosophy in its judgment through important case laws.


 Download Full Paper