LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION

AUTHOR – AKSHAY SIBY, STUDENT AT CHRIST (DEEMED TO BE) UNIVERSITY

BEST CITATION – AKSHAY SIBY, LEGAL POSITIVISM AND ITS IMPLICATION ON THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 670-677, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Legal positivism is one of the most influential schools of jurisprudence in modern legal theory. It emphasizes that the validity of law depends primarily on its source and institutional authority, rather than its moral content. According to positivist thinkers, law derives legitimacy from recognized legal procedures and institutions, not from moral ideals such as justice or fairness. This perspective contrasts with natural law theory, which maintains that law must be grounded in moral principles in order to possess legitimacy.¹

The constitutional framework of India offers a significant context for examining the application and limitations of legal positivism. The Indian Constitution functions as the supreme law of the land, establishing the foundation for legislative authority, executive governance, and judicial interpretation. In this sense, the constitutional structure reflects positivist legal reasoning, as legal validity depends on conformity with the Constitution.²

However, the development of Indian constitutional jurisprudence demonstrates that the judiciary often goes beyond strict positivist reasoning. Through doctrines such as the Basic Structure Doctrine, the expansion of fundamental rights, and the recognition of constitutional morality, courts have incorporated broader principles of justice, liberty, and democratic governance into constitutional interpretation.

Landmark judgments of the Supreme Court of India have played a crucial role in shaping this evolution. Cases such as Kesavananda Bharati v. State of Kerala and Maneka Gandhi v. Union of India illustrate how constitutional interpretation may integrate both positivist and normative principles. These decisions demonstrate that while the Constitution remains the ultimate legal authority, its interpretation often requires courts to consider broader values embedded in the constitutional framework.

This research paper examines the theoretical foundations of legal positivism and evaluates its implications within the Indian constitutional system. By analyzing constitutional provisions, jurisprudential theories, and landmark judicial decisions, the paper explores the extent to which positivist legal reasoning influences Indian constitutional law and how it interacts with broader principles of justice and democracy.

Key Words: Legal Positivism, Constitutional Supremacy, Basic Structure Doctrine, Judicial Review, and Indian Constitutional Law.