Application of the Analytical School of Justice

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INDIAN CONSTITUTIONAL LAW: APPLICATION OF ANALYTICAL SCHOOL John Austin is the inspiration of the Analytical School, which in turn drew his inspiration from Hobbes, and Bentham. According to Austin law is a command given by a superior to an inferior and enforced by material sanctions. Positive law is a creation of sovereign. It emphasizes that the sovereign is a superior and commands of the sovereign is law, and disobedience of commands is accompanied by punishment. Law is the expression of the absolute and unitary sovereignty of the State. Under the Constitution, Parliament of India can make laws on income-tax and provide that not following those law shall be punished by the fine or imprisonment, or both. Austin’s critics ask, how customs can be resigned with the theory of command, and where we can find a supreme law-giver in a nascent society. The concept of fundamental rights and their enforcement mechanism is an example of supreme law. The Supreme Court of India while interpreting the Fundamental Rights has expanded the scope of these rights to extents which were never imagined by our constitutional makers. The legislature or the executive or even the judiciary cannot in any manner infringe upon the fundamental rights of the citizen and in certain cases even non-citizens. In the His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. , evolved the doctrine of “Basic Structure of the Constitution” which placed this doctrine in
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